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Hearing video

ZBA Hearing - December 16, 2020

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

Okay, I am unmuted.

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Hold on, Diane.

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Hold on one minute.

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Okay.

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Tanya, what would be the earliest date?

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Probably second week in February.

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No, the third week.

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i'm sorry because i was thinking of january 6th my mistake so we are booked to the hilt

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yep i know i can't put anything else on in january well well and again let me this is

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and again let me this is sharon's let me say that if it took two weeks to process the decision it

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let me say that if it took two weeks to process

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would be that would go out two weeks from now ms monroe would then have an additional 10 days to

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submit a request for reconsideration if she believed that the process hadn't progressed

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let's let sharon finish diane please and again of course it's up to the board but just so that

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you understand there are some um some timing things that might work in the alternative

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okay miss monroe was muted again i would please please ask that you not speak when someone else

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is speaking so that we can have a clear record for the court reporter thank you very kindly

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OK. You're up, Ms. Monroe, you're up.

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Oh, I can speak? Yes. OK.

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We approve this project.

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His Mr. Leo has a support letter from us.

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He has that. It's not like we're not approving it.

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the impasse

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is that

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they're going to have music

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concerts there

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and three

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young men was shot

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a half a block

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from the Spring Garden

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homes and two of them

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died

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and that's

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what we're looking at

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I object to all this as irrelevant

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it has nothing to do with my client

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It is relevant because he will not send me a copy of their security plan.

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And for members of the board to clarify, we do not have a written security plan that I indicated to Ms. Monroe in writing.

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And I can show you the email. I'm currently sharing my screen with the email chain, which is extensive with the organization of Ms. Monroe.

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That we're working on it. We agreed to it. It's just a matter of needing the time to get that in.

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it behooves us to do it too. We want to work with the community. And at this level, as a matter of

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law, there has been no testimony presented that would allow this board to not make a decision

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right now, because this is a special exception. And there's no testimony on the record that is

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relevant and material to denying our special exception. Excuse me, this is Sharon Slede again.

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Mr. Mulvihill, did you say that you will require a special assembly and occupancy license?

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Yes, because if we're having events like this in an interior club, that's what we need. So essentially all of Ms. Monroe's concerns, and I tried to make this clear, those are all going to be dealt with. And I even sent over to her a link to the process for the SAOL, I'm trying to find the email right now, explaining the entire process.

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and i can tell you that as the attorney for the lni review board as well that

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it would be appealable there would also be the opportunity to appeal the special

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the license as as well so yes yeah there are other opportunities for the community's involvement

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correct there are and it would receive um it would have to have the approval of the police

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department as well so yes so the community right okay and chair members of the board please

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understand i don't i'm not being hostile i am really trying to work and i don't understand

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where ms monroe's hostility towards me is coming i'm really trying to work with them just relax

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all right all right everyone i'm talking over people which i shouldn't be doing and i apologize

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it's quite all right i'm i'm i'm said all i need to say members of the board and i'm

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i rested with any other questions you may have any questions from the board

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planning commission hello i'm sorry chair um i don't need to interject and stop the process

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however there were other people who wish to comment for this case sorry i'm sorry no worries

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the two o'clock list is the bewitching list yes it is and members of the board most of those

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people are on the board of directors or members of the latheian society so i don't have to call

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any of them. So they may have wished to speak. Guys, I appreciate you're here. We recognize

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your support. I just don't want to delay this case any longer because there's many cases

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after us. Are there any other, are there any individuals who would like to speak who are

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not directly affiliated with the Latin organization? We have 46th Ward Committee RCO.

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Okay. Good afternoon. Please identify yourself with a record.

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Yeah, I can. I mean, the board might let you go.

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Do they vote in court?

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Don't trust you.

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Okay.

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46th Ward Democratic Committee, are you available to testify?

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46th Ward Democratic Committee, are you available to test?

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Yes.

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Good afternoon. Please identify yourself with a record.

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Lloyd M. Carpenter.

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Can you hear me?

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Yes. And your affiliation with this case?

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I am the co-chair for the 46th Ward RCO.

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Thank you.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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yes i do please i object i don't believe the 46th democratic rc board rco has any jurisdiction over

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this matter according to atlas it's west gerard progress and the 14th for our democratic executive

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committee which is ms monroe 14th ward yeah you're right 46th ward is is west side abroad

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no west fall off your baltimore avenue way out of the area sir

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With all due respect, thank you.

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Anyone else?

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Mr. Chair, Mr. Jihad Ali has been allowed to speak.

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Mr. Ali, good afternoon.

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Please identify yourself with the record.

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Spell your first and last name.

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Good afternoon, Mr. Chair.

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My name is Jihad Ali, J-I-H-A-D-A-L-I.

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I'm with Westeros Progress 870.

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Can you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Hello?

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Hello?

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Mr. Ali?

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Yes.

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Can you hear me?

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Yes.

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Yes.

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Can you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do affirm.

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Please proceed.

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Chair, if I may object initially.

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for purposes of the record west gerard progress primary contact is barbara penock p as in paul e

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n n o c k i would just like mr ali to please clarify if the board would like care to hear

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the testimony his specific relationship and whether he is the chair or on the board of

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directors or what with the organization only because it's not available for me to have any

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idea as to what his relationship is thank you mr ali uh yes i am on the board and mr chairman i

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I believe Ms. Pinnock sent a letter telling you at some point that I will be representing

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West Drive for progress, if not on this case, on the other cases, but she's already notified

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the board, but we didn't expect to speak on this today, but that issue has been addressed

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before in the past.

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Yeah, other cases, correct?

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Not this case.

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Well, other cases, it hasn't been formally acknowledged to the board, but to answer his

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question, I am on the board.

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Okay, well then, Chairman, I object without formal authorization from Ms. Pennock to allow Ms. Raleigh to speak in this case. There is no authorization and I don't understand the capacity here. I mean, I would not object if we had a letter and I had received it as well. No problem. I just, anybody can call in and say they're affiliated with anything. Without a formal letter with authorization, I'm left in the dark.

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That's why I asked a question. That's sustained. Unfortunately, Mr. Ali, we need a letter

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verifying your role in this. Thank you. I'm happy to hear Mr. Ali in the future. If this

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continues to be a thing where he speaks for Mrs. Penoch, no problem. I just would like to have

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that authorization letter as well so I know what I can do in my capacity as the attorney.

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Point well taken. Thank you. Thank you.

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anyone else um so mary jones had her hand up and now she doesn't so that's all we have okay

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planning commission this is uh ron bednar city planning do you swear for him to tell the truth

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the whole truth nothing but the truth i do thank you sir please proceed this property is indicated

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for commercial mixed use in the comprehensive plan we do not feel that the proposal will have

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a negative impact on the surrounding area accordingly we have no objection to the

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grounding of the special exception thank you mi 2020 does 000 289 531 north 7th street my vote is

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yes my vote is yes my vote is yes my vote is no all right miss monroe i think this board has a

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lot of respect for you been in front of me at least since i've been on the board numerous times

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and i do know mr mulville i think that uh everybody takes a deep breath work together

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i'm sure you'll be able to resolve this issue and i and i specifically put on the record right now

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board after the rendering of decisions i encourage miss monroe i encourage mr ali and anybody else

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who has questions about this, to stay in contact with me and let's work together to put something

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together that everyone is happy with. And if they get an attorney, I'm happy to work with them.

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It's just my personal level of comfort under the rules of professional responsibility.

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on the rules of professional responsibility understood thank you thank you members of the

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Understood. Thank you.

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board that concludes my business i believe have a great holiday and a happy new year and i'll see

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you then you do likewise and stay safe thank you number 11 confessor

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i'm sorry give me one minute i gotta bring confessor back because i thought i was getting

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rid of leo oh you got rid of confessor that's not i know i know

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welcome back Mr. Plaza I apologize

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you know I'll begin MI 2020-000087 5506 Baltimore Avenue

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i understand the owner sadiq karakulak karakulak i'm not sure if i'm pronouncing that right

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please raise your hand mr sadiq

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excuse me this is sharon slatter we have a letter in support from um councilwoman gaffier's office

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you

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you need to speak up

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yes my name is

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sir we can't

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we can hardly hear you

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do you

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increase the volume or get

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closer to the microphone

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yeah do you hear me now

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that's better thank you please spell your first

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and last name

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my name is Sadiq Karakulak

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S-A-D-I-K. Last name is K-A-R-A-K-U-L-A-K.

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And your address?

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My home address, 1124 Roosevelt Drive, Howard Town, PA19083.

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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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Yes, I do.

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please proceed with your testimony

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and if you have any

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exhibits please share them with us

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yes

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sir

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is this an LLC or

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this is a

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owner

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I'm the owner

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yeah

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do you have a corporation

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no he owns it as an individual

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I checked on that

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thank you

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sir have you emailed an exhibit packet

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with the required documents proof of ownership proof of tax compliance copy of the refusal

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photos and plans five days prior to this hearing yes i do also have you also have you met with the

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rco and have a letter uh we met oh yeah virtual online but i didn't get the uh letter yeah all

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right please proceed um this is sharon slitta i believe councilwoman gauthier's um email did

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refer to community support. Thank you. Mr. Karakuluk? Yes. Please proceed with your testimony.

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Sure. I want to share my screen. Can I share my screen? Yes, please.

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I'm sorry, sir. Could you hold one moment? We're going to promote you to a panelist.

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Sure.

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Great.

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All righty. You can now share your screen, sir.

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Yes. This is my plan, and this lot belongs to us, actually.

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all the lots except 5504 but we apply for the city and then they book for us that place too

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but this is in process 5504 so mr sadiq we don't see your exhibits sir we have we're not able to

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see your exhibits. Okay, let me try again.

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So, Mr. Sadiq, do you have your documents open on your computer? Are you using a computer?

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yeah okay so so once you have your documents open right you look at that

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but you don't see I think so go down to the bottom of the zoom window and hit

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and hit the green button that says share screen okay click on that there we go you got them

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the green button that says share screen okay click on that

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are you busy now sorry yes we do i'm not very good about that thank you tanya you're doing great no

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