civus
Hearing video

ZBA Hearing - September 22, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 22, 20214h 53m

Please proceed.

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Thank you. Ms. Reister, you are the project architect for this property?

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That is correct.

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Did you hear the testimony that I just presented?

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Yes.

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Do you believe it should be true and correct to the best of your knowledge and belief?

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I do.

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Would you adopt it as your own?

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I would.

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Is there anything else you would like to add for the members of the board?

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No.

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Ms. Gosfield, just for the purpose of record, if you can share some of your screens,

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share the screen with us as it relates to the tax clearance and

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other pertinent information that the board would need.

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Sure.

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I believe Ms. Reister is prepared to share that additional information if she can be

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given the capacity to share her screen.

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Yep.

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Thank you.

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She's coming back in as a panelist now, Chair.

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Thank you.

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if you can let me know if you can see the screen

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yeah but you have your schedule and oh there you go we got it now good tax clearance yes just

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scroll through it if you could um that's this is a one page okay are there any other documents you

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would like to see um i think we just would like to see a bit of the uh site the plan oh certainly

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yeah it's pretty much cookie cutter for that neighborhood but i think we'd like to see it

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just in case oh absolutely um so our street is primarily two-story structures as you can see in

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here just give you a little bit of a context this is a building that our client owns it shares a

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overbuilt alley with the adjacent property here i'll zoom it in a little bit closer

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here are views of the rear yard the adjacent property to west adjacent property to east

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On the side plan, I will zoom in slightly. This is the portion of an overbuilt alley. Property to west, property to east is right here.

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Originally, this building contained an addition in the rear. There was two stories. The rear yard was about nine foot four.

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We proposed to remove the addition and propose a separate addition that would still be compliant with code.

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That was the revision that we had made originally.

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We obtained a refusal for open area, proposed 80 percent.

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But since then, after meeting with SOSNA, we reduced the scope of addition to meet the zoning code.

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um right now we went from nine foot four rear yard to eleven foot nine uh compliant with

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the open area the proposed third floor as you can see and here we're proposing a dormer

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after meeting with the neighbors they voiced their opinion to the design of the structure and

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preferred two separate dormers in lieu of one shed dormer that was originally proposed

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Our client is not looking to change the character of the facade. He is looking to remove the artificial stone and restore the brick, install new windows, restore the stone lentils that are there, install new doors.

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So we're trying to keep the character of the street as much as possible.

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The corners also will be restored.

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And SOSNA had requested that the siding at the rear and the sides

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also matches the siding of the lighter color of the dormers.

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We seem to have come to an agreement with the neighbors and also the community group.

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with the neighbors and also the community group i appreciate that thank you uh any questions

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I appreciate that. Thank you. Any questions?

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from the board no mr chairman no no uh anyone else would like to testify in this case if so

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please raise your hand if mr michael murray is available on behalf of the owner and developer

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i'd like to call him mr chairman please do is mr murray on the line i can't tell a couple of zoom

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Okay, great.

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Thank you.

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Mr. Murray, you can unmute yourself and wait for the chair.

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Mr. Murray, please spell your full name and I'll swear you in.

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Michael Murray, M-I-C-H-A-E-L, M-I-C-H-A-E-L, M-I-C-H-A-E-L.

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You swear to affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you, Ms. Gossfield.

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Great.

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Mr. Murray, you are here on behalf of the owner developer for this property, correct?

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Yes, that's correct.

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Did you hear the testimony that has been presented. I did. Do you believe it to be true and correct to the best of your knowledge and belief. I do. Would you adopt it as your own. Yes, I would.

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I have no further witnesses and I rest my case if unless the board, the members of the board have any questions.

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chair you're muted is there anyone else thank you i'm sorry anyone else who'd like to testify in

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this case i see no other hands at this time chair thank you planning commission good morning david

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effecto city planning commission mr chairman members of the board the comprehensive plan

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recommends no change in the existing multifamily zoning at this location. Because the applicant

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has included a mansard roof, we have no objection to the variance from the requested third floor

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setback. We also believe that the relief sought for occupied area is de minimis. We recommend

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that the board support the requested variances. Thank you. Ms. Gosfield, there's one page of

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revised plan is that correct correct one page proviso plan yes thank you mi 2021-001 968 1710

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cater street my vote is yes with proviso revised plan one page approved today confessor plaza yes

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with proviso james snell yes with proviso thomas holloman yes with proviso thank you we now move

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the case number seven mi 2020 that's zero zero two seven eight one four one four six pechin p-e-c-h-i-n

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street mr richard weissman i believe is the attorney of record there is a letter from the

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center city residents association in non-opposition

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mr weitzman if you're available please raise your hand

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spell your full name and i'll swear you in he's coming back in as a panelist now chair thank you

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good morning mr chair members of the board richard weitzman w-e-i-t-z-m-a-n

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three north second street suite 200 philadelphia 19106 i'm entering on behalf

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do you swear a firm to tell the truth the whole truth nothing but the truth

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i do thank you sir please proceed uh excuse me one second mr plaza has questions for you

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yes morning sir you agree to wait the reading of its refusal and stipulate to its accuracy

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i do and have you emailed an exhibit packet with the required documents proof of ownership

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proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this

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hearing? Yes. Have you met with the RCO and have a letter? We do, yes. Thank you. Please proceed.

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Thank you. So good morning, everybody. This is an existing non-conforming corner building in

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the Roxborough section of Philadelphia. It was used as retail first floor in the main building

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and then a two-story apartment in the second and third floors of that building.

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To the rear of the property, there's a detached garage that is still used as a garage.

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Second floor was used as an apartment.

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The existing retail, as best we can tell, the last permit was for a caterer that was in the early 2000s.

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And at some point shortly after that, we believe the retail use was abandoned.

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And the property is zoned as single family, but has continued to be used as multifamily based on those two apartments as described.

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There is no interior access between the first floor and the upper.

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there's no interior access between the first floor and the upper floors of the building excuse me

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counselor i'm sorry yes do you have any pictures or sketches i i do yeah sure uh sure thank you

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so there's no interior

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your access from first floor to second floor and we're proposing to use the first floor now as

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as for two-bedroom apartment so what you're seeing on this screen is the plans of the first floor

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as it as it sits everything that you see in these photographs that are green has been changed to

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black, including the shingles that are on this piece of the property here. The Bilco doors have

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been changed to flat doors as well, per the RCO's meetings with us and changes that they requested.

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So layout of the first floor, as you can see in the main building to the left here, the garage,

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Peachin Street, by the way, runs on the right side of my computer, Pensdale to the top. So the

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garage here and then uh with with how it sits the next page shows the second floor and then

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the third floor down here in the main building and then into the garage they there is a large

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loft style apartment kitchen and bath as you can see in the garage and again that is all existing

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as it sits and then just a sketch of that so let me zoom so here's the building itself this is more

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recent this photograph uh showing how the changes that were made to it the doors were requested by

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the rco to be shown even though there is no longer interior access through those doors and again

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that's that's the perspective from there you can see the removal of the bilco and the installation

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of the flat panels this is a side view taken a little bit longer but here's the garage looking

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up pensdale towards peach and up here to the left here so it is a rather long building that

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extends the block and then some interior shots so this is the loft space above the garage

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kitchen above the garage second floor living room looking towards the kitchen

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second floor as well here kitchen on the second floor and then what's directly across the street

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at 41 excuse me one second I believe it's 41

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41 49 peachen is a similar style building the photographs went out of order but

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There are three units here. It's the same. It's similar. That's the front door that sits at the corner of Pichin and Pensdale. And then as you work your way back down Pensdale, you see the building stretches out similar to the 4146 Pichin. And that one is also currently used as three units as what we're proposing here.

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And we did meet with the community and, you know, followed their guidelines in terms of some exterior modifications and some cosmetic issues that they wanted to address.

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All of those have been met and complied with.

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And as stated in the letter from the RCO, they were in non-opposition to the application.

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so i do have mark brownstein should be on the line with us if

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uh you know he could be brought on he's just to adopt my testimony mr brown bronze is it

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bronstein brownstein

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mr brownstein could you please raise your hand

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brownstein brownstein please spell your full name and i'll swear you in mark m-a-r-k brownstein

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b-r-o-w-n-s-t-e-i-n you swear for him to tell the truth the whole truth nothing but the truth

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i do thank you mr weitzman yeah thank you uh mr brownstein you were present during my

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presentation to the board yes and you heard everything that i said yes and do you have

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anything to add to it or do you adopt my testimony as your own nothing that i would certainly adopt

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your testimony yes okay thank you thank you any any questions from the board no mr chairman

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thank you thank you any any questions from the board no mr chairman no

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anyone else would like to testify in this case if so please raise your hand

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i see no hands at this time chair thank you planning commission

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good morning david effecto city planning commission mr chairman members of the board

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The comprehensive plan recommends this property for single-family residential use.

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This appears to be the reuse of a pre-existing multifamily building.

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This reuse would not negatively impact the use of surrounding properties.

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We recommend that the board approve the requested variance.

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Thank you.

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Mr. Weitzman, I think my notes say if the board were to approve this,

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there would be a proviso as per refusal of the ZP number 2021002817.

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Excuse me. This is Sharon. There was, I believe, an amended refusal, an amended application and a new refusal issued in this case. Is that correct?

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Yeah, that's correct.

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It was.

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Adding that proviso will simply ensure that Ellen and I will consider the correct refusal when issuing your permit. Thank you.

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Thank you.

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Thank you. Okay.

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MI 2020-002781.

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4146 Pension Street.

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My vote is yes with the proviso.

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As per refusal, Z as in zebra, P as in Paul, 2021-002817.

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Professor Plaza, yes with proviso.

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James Snell, yes with proviso.

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Thomas Holloman, yes with proviso.

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Thank you.

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We'll now go to case number nine, MI 2020.

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0-0-0-2-0-3-5-3-8-6-2-Ave. Bart Levy, I believe, is the attorney of record.

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RCO, Penn Area Neighborhood Association, sent a letter of non-opposition.

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Mr. Levy is coming back in as a panelist now, Chair.

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Thank you.

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good morning mr levy please uh i spell your full name and i'll swear you in

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good morning my name is bart levy b-a-r-t-l-e-v-y you swear for him to tell the truth the whole

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truth nothing but the truth yes i do thank you mr plaza has some questions for you certainly

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morning sir you agree to wait the reading of his refusal and stipulate to its accuracy

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i do and have you uh emailed an exhibit packet with the required documents proof of ownership

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approve of tax compliance copy of the refusal or referral photos and plans five days prior to this

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hearing and have you met with the rco and have a letter on march 2nd and march 30th yes we do

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thank you please proceed thank you um this is for uh variance or essentially permission let's see if

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I can. Are my pictures being shared now? They are? No. All right. I'm not sure how to do that.

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that I know is I have a file folder here.

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Mr. Lee?

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She'll guide you through there.

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Yes, please.

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Do you have your actual file open on your desktop?

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And then if you go, are you using a desktop computer?

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A laptop.

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Laptop.

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Look on your Zoom screen.

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At the very bottom, you should see a green button

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that says share.

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fair screen okay so you click that button and then immediately go to your document file

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that you wish to present on and we're opening now great you're there i am you have the file open

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so you have a photograph is a photograph in view no the the list of your files are still there

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i opened it so let's see so did you click on the actual documents you wanted to share

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yeah because we're seeing your files on the screen

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your list so let me do that again okay

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so you would have to unshare to start all over

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so hit the green button here right now hit the green button and then tap on the very file

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And then tap on the very file that's open with the document showing.

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that's open with the

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So hit the green button again.

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You hit the green button.

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now i don't think i have your audio maybe it's me

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it's drunk okay it's coming up but it's the same thing

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so in other words now if i click on one of those full of those files it'll open up

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you can try

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