civus
Hearing video

ZBA Hearing - December 16, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 16, 20204h 39m

Yes, I do.

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Thank you.

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I'm sorry.

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Can I just ask a quick question?

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Mr. Klein, was your client able to get into the Zoom?

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Yes, he was.

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Thank you, Ms. Sunkett.

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Thank you.

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Confessor?

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Mr. Klain, do you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do waive the reading. Unfortunately, I can't stipulate to the accuracy. We believe that

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L and I missed a very small refusal that I will address as we move forward, but I've already

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discussed that with the board's counsel. Okay. Have you emailed an exhibit packet

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with the required document, proof of ownership, proof of tax compliance, copy of the refusal

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order for borders and plans five days prior to this hearing? Yes, I have. Also, have you met

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with the RCO and have a letter? Yes. Thank you. Please proceed. Thank you very much. Good afternoon

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again, everybody. I believe that I'm the tail end of your two o'clock list, so I will endeavor to be

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as efficient in my presentation as I can. We're here for 9042 East Roosevelt Boulevard. Just to

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give the board some context. You can see on the screen, this is the site location. It's located

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at the corner of Welsh and the Boulevard. It is the location of what was formerly a gas station

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that's been abandoned for several years and the board might recognize the location as being next

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that's been abandoned for several years, and the board might recognize the location as

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door on Roosevelt Boulevard to Tiffany's Diner. The property as you can see from the zoning map

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is zoned RSA2 but it's surrounded entirely by commercially zoned uses on our side of

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Roosevelt Boulevard and some CA1 across Roosevelt Boulevard and it's that base zoning that is

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driving most of the refusals that we have here. The application itself is to demolish the existing

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gas station that's there and to replace it with a new structure for use as a retail bank location

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with 17 accessory parking spaces. We received a collection of refusals, but the number of refusals

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here is really being driven by the inappropriate base zoning of the parcel. As I mentioned and

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showed the zoning map, this parcel zoned RSA2, it's the only parcel on this corner of Welsh and

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the Boulevard that is residentially zoned. Every other parcel here is commercially zoned, and if

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our lot was similarly commercially zoned, many of the refusals that we received would go away.

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The landscaping refusal would go away because we're compliant with what a CMX2 landscape buffer would be.

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The use of financial services would go away if it was a CMX2 parcel.

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And so we think that the hardship here is really being driven by the base zoning that really doesn't fit for Roosevelt Boulevard.

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The property can be seen here. Here are photos of posting.

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this is the lot generally and there are a variety of views this is on welsh looking towards roosevelt

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boulevard here this is the rear of the property as it is currently configured this photo is relevant

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to the missing refusal that i mentioned and i'll show you on the plans but this little median of

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grass you're seeing at the bottom of the photo is our property line. So the rear yard refusal,

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we were a foot and a half short on the 20 foot rear yard depth that would be required under the

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RSA 2. The reason why we believe L and I missed picking up that refusal is because we're adjacent

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to this large parking lot. This parking lot serves both Tiffany's and some apartment homes that are

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located off of the picture here. So there is a very large buffer between our property and the

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next residential property. And I think L&I may have been unclear as to exactly where the lot lines

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were. Moving forward, just to show some context of what's around it, this is a commercial office

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building on Welsh, just off of our lot. Another office building located directly across Welsh.

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There's an existing Sunoco gas station on the corner of Welsh that's directly across from our property.

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And caddy corner to us across Roosevelt Boulevard is this Wells Fargo bank location, similar in style to what we would be proposing here.

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This is the zoning site plan. I note that we did have revised plans.

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were asking the board to stamp. The revisions were not impactful for any zoning issue. It was adding

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a trash enclosure for the rear and slightly redimensionalizing some of the drive aisles.

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The actual building itself is going to be a fairly standard retail branch bank design.

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And of note to the Civic Association, I wanted to show the board this is our landscaping plan.

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So even though we are not able to provide on our site the 15-foot landscaped buffer that an RSA-2 would require, we do have the five-foot landscape buffer that CMX-2 would require.

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And we've added to that with some additional trees in the parking islands and along both frontages.

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There's also four existing curb cuts at this property, and we're closing two of them, and we'll be adding some additional landscaping to that.

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The last point I wanted to make for the board. Again, this is relevant to the missing refusal. As the board can see, blowing up, this is the rear yard depth that they are measuring.

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This is 18 feet, four inches. And so we're about a foot and a half short of the 20 foot required rear yard. As I explained earlier, this is backing up into that open parking lot.

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The last item I want to show the board is the revised sign plan.

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We received a number of signage refusals that are based primarily on the volume of signage and the RSA-2 zoning designation.

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We received the number of signage refusals that are based primarily

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If this was zoned CMX-2, the code would be a little bit more permissive with the square footage of signage we were allowed.

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What we did do is there was a sign that was to be located on the rear of the bank in this area here.

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It would have been a lit sign that would have been visible from the residential homes.

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We have removed that sign at the request of the art commission before we even met with the RCO.

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So that this plan here is the revised signage plan that would note the removal of sign S10.

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I'm not going to take the board's time to go through the entire sign package.

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I will stop there and see if the board has any questions.

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And I'll ask my client, Richard Soloff, to virtually raise his hand so he can adopt my testimony.

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all right why don't we get your client on and then we'll proceed from there all right rich if

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you're out there and can hit the raise hand button that would be great he's already been

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allowed to speak sir good afternoon sir please identify yourself with a record spell your name

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and we'll swear you in richard soloff r-i-c-h-a-r-d s-o-l-o-f-f as in frank

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uh swear and affirm to tell the truth the whole truth nothing but the truth yes i do

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thank you uh richard did you have a chance to hear the entirety of my presentation this afternoon

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uh yes i did jared and do you adopt my statements as true correct in your own

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yes i do thank you very much um mr chair that will conclude our presentation

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we would ask that if the board is inclined to approve these variances that it do so with

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revised plans three pages uh and a notation that the um approval would include the rear yard variance

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thank you questions from the board no

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anyone else like to testify in this case

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mr chair there is a bernard uh chat doc i will um to speak right now good afternoon sir please

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identify yourself with a record spell your full name and provide us with your address

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bernard could you hit the mute button so we can hear you speed oh all right sorry it wasn't on

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the screen when you first started uh bernard jadak b-e-r-n-a-r-d-j-a-d-a-c-h

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I'm the zoning chair for

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Greater Bustle and Civic

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You should have our

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The whole truth and nothing but the truth

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Yes

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You should have our letter

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There from my president

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It is on the

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It is on the screen now Carl

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Okay I just wanted to say

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That the

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Landscaping plan that they did

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Really

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We liked it

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uh relatively to what was originally proposed and everything else like that so we really liked that

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and um our uh only other uh thing was the uh uh we suggested that at the exit that they had a

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no left hand turn going out to welsh road because that's a really bad intersection

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that that entrance is heading out that direction?

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That is a matter that will be discussed

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with the streets department.

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Right, but for safety purposes, we suggested that.

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Okay, and I think it would be prudent with them

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because it's a very busy intersection there

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and people are crazy sometimes

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trying to cross two lanes of traffic.

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Understood, thank you.

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Appreciate your testimony, thank you.

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all right thanks that anyone else would like to testify

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no further hands mr chair thank you planning commission although this run bednar city planning

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although this property is currently zoned residential a parcel is the site of a vacant

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gas station we believe proposed commercial use is appropriate for ozville boulevard location given

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the surrounding use context. Therefore, we support the granting of the variance based on the revised

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plans. Thank you. MI 2020-002-602. 9042 East Roosevelt Boulevard, my vote is yes with the

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following provisos. Revised plan, three pages approved today, and that the proviso also include

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the rear yard variance. Yes. Yes. Thank you, Mr. Chairman. Yes, with proviso.

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yes thank you mr chairman yes with proviso yes proviso thank you that concludes the

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two o'clock list thank you very much everybody have a have a wonderful holiday you do likewise

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thank you uh two o'clock we'll get back here at uh 15 minutes 4 45 everyone my name is frank

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di chico i'm the chair of the zoning board of adjustment i'll be participating in today's

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hearing along with our board secretary, Mr. Confessor Plaza, and board members, Mr. Thomas

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Holloman and Mr. James Snell. Board administrator, Ms. Tanya Sunket, and board attorney, Ms. Sharon

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Saleta, are also in attendance. For those of you who haven't yet participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to testimony second we'd like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your agreement to be

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recorded third for anyone participating by phone if you wish to testify you must raise your hand

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by hitting star nine and then star six to unmute yourself someone's got their mic on we're hearing

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background noise. Finally, for anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. Finally, to make an appearance statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue. I will repeat.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue before mr plaza calls our first case i'd like to announce

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the following cases that uh i don't think we have any continuances yet do we no

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um did we sharon did we get the exhibits for 1548 south 30th um chair you might want to call the

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applicant call up the applicant on this one he sent exhibits in at 250 there is a letter from

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grays ferry community council in support the refusal some of the other documents he did not

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include the deed i asked him to i called and asked him to send that um what he sent back was i think

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a printout of the opa records but we don't have a copy of the deed if you could call him his name

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is mr cordero mr cordero are you available please raise your hand mr cordero

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please raise your hand

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i am muted i'm sorry could you unmute your mic yep hello you heard me i please uh mr cadera

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please spell your first and last name my first name is naib's last name is cordero dash

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constantine i mean hyphen constantine you spell those names the first middle first last name

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middle name first name is naives n-a-y-i-p-s cordero c-o-r-d-e-r-o hyphen c-o-n-s-t-a-n-t-i-n-i

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do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i swear sir uh we're still in uh we're still waiting for a copy of your deed

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okay so what i have i send it uh i was assuming i'm sorry about that that the deed was the

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document about the ownership of the property we should download it from the

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city page okay and if I could ask sir when did you send your exhibit package

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the exhibit package I send it today okay yeah I don't I didn't have it previous

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to this and it's required five days ahead look I should be concerned you

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yeah this case will have to be continued sir oh how it would be the

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process in order to have a new hearing my name i'll put my name in the q a for you okay all

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right thank you so much for your help and i'm sorry about the situation i didn't expect that

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no worries mi 2020 does zero zero one seven six six one five four eight south 30th street is

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continued uh i don't see any other requests at this time i will ask if there

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I don't see any other requests. At this time, I will ask if there are any requests for continuance or withdrawals to please raise your hand.

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I see no hands, Mr. Chair.

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Thank you. Before we begin, I'd just like to remind everyone, please do not attempt to testify in the chat.

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Any comments should be directed to our board administrator, Ms. Tanya Sunken.

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And with that, I think we're ready to go.

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Can I just ask for a two-minute pause?

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Absolutely.

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I just want to make sure I didn't get any continuance in the last few hours.

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Okay.

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Thank you.

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Yes.

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Thank you.

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okay chair i'm all done none i have nothing okay we drew a blank okay

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case number mi 2020 that's 001334 1121 cross street

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there's a letter of non-opposition from pass young square civic association

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no hands wait wait wait you have one hand up that's the number ending in two two one one

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i will allow them to speak now sir thank you

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individual at number two two one one you may now speak

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okay uh hi am i able to share documents on the screen yeah but please identify yourself for the

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record spell your full name my name is eric andrewson e-r-i-k last name a-n-d-r-e-w-s-e-n

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and i'm the property owner of 1121 cross street thank you you swear we're firm to tell the truth

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the whole truth nothing but the truth i do thank you please uh hold on one second confess i'm sorry

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Can I interject a thought? Based on the fact that the applicant called in, he's unable to share his screen. Only if you're contacting us via the Zoom on a computer or tablet.

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I'm actually on the computer right now. I'm just doing the audio on my phone because it works a little better.

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Okay.

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okay professor sir uh do you agree to i'm sorry have you emailed an exhibit packet with the

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required documents proof of ownership proof of tax compliance copy of the refusal photos and

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plans five days prior to this hearing yes i have have you met with the rco and have a letter

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yes i have okay please proceed

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i'm sorry sir um is your is your device connected to zoom yes i just raised my hand did that help

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okay are you eric yes okay so we're going to promote you under the device to panelists

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okay thank you all righty

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okay now you can share your screen

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okay um okay can you see my screen

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yes we can okay great uh like i said my name is eric andrewson uh my wife brooke and i are

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representing ourselves today. We have a refusal for 1121 Cross Street. We've been living at this

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