civus
Hearing video

ZBA Hearing - January 18, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 18, 20236h 45m

Okay.

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Your office of the court will take it.

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Questions from the board?

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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Chair, we have Dylan Mahoney.

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Hi, Mr. Mahoney.

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Good morning, Mr. Chair.

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Could you state your name and spell, please, for the court reporter?

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It's Dylan Mahoney, spelled D-I-L-L-O-N, last name, M-A-H-O-N-E-Y.

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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 do.

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Proceed.

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Thank you, Mr. Chair, members of the board.

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With respect to the RCO letter, I'm reaching out to the organization, just a request to the board to hold its vote for however long the board would grant so we can get that letter in and also from our office.

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Thank you, Mr. Mahoney.

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He spoke to me about that today, no objection.

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Okay, is there any other questions from the virtual audience?

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I see no hands, Chair.

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Hi, Planning Commission.

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Good morning, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Last name spelled H-E-G-A-R-T-Y.

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

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Yes, I do.

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Proceed.

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Thank you.

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Good morning, Board members.

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The comprehensive plan recommends no change to the existing single-family zoning

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on this block um this appellant's property is a corner property that is more than twice as wide

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as the minimum lot width for the rsa5 zoning district um and there are examples of two family

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use uh being typical on the end of row structures in this neighborhood so the city planning

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commission recommends that the board grant the variance thank you um mr stein we're going to

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hold the vote until we hear from the RCO. Thank you. Record is closed except for a letter from

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the RCO. Thank you. Okay. Thank you. Let's go to our regular list again here. Let's see. One, two.

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Number three, MI 2022-004-552-134 West Luray Street.

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Hector Diaz is the owner.

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No RCO letters of yet from Esperanza.

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Mr. Diaz.

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Chair, we have two hands up for Badesa Cadillio.

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for badisa cadillio okay would you like for me allow her to speak please

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Okay.

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Would you like to...

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ma'am you're free to speak hi could you state your name and spell for the court reporter please

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yes hector diaz h-e-c-t-o-r d-i-a-z i'm sorry d-i-a-z right do you swear or firm to tell

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truth the whole truth is nothing but the truth yes this application is for a use as a two-family

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household living in an existing structure whereas the proposed use two-family household living

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is expressly prohibited in this rsa 5 residential zoning district our vice chair has a few questions

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for you mr diaz okay good morning council do you agree to waive the reading of the refusal

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to stipulate to its accuracy?

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Yes.

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Have you emailed all the exhibits that are required

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for this case five days in advance before this hearing?

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Yes.

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Thank you.

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Can you please proceed and share your screen?

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He's coming back in now as a panelist.

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Thank you.

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I don't want to do that.

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you should now have that uh share screen option available to you at the bottom of your screen

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Mr. Diaz we would need to see you too right so do you have your camera on

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Mr. Diaz, sir, you have to unmute yourself.

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Yes.

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Thank you.

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We see you now.

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Okay.

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So would you start sharing your screen?

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um yes can i please let batista cadillo explain mine to show your presentation to show my

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presentation i'm sorry no you well you can put the you have to you're it's your testimony

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she can show the screen and you testify off the screen okay okay is that all right yeah i'm just

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just trying to bear with me i'm uh speak a little bit of english and spanish okay we're fine we're

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Fine, fine, just let her put the screen, give her the screen, let her put the screen up

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and you talk along with it, okay?

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Okay.

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We'll take you through it.

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All right, thank you.

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So that's your application, right?

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Thank you, board.

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Yes, that's my application.

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Okay, proceed.

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It says that's an application.

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um we're moving this she's moving keep going the refusal that's the refusal

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we have the refusal okay yeah i'm good with the refusal

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that's the appeal we're good okay excuse me this is hillary mr ds needs to be the

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the one who's testifying i hear someone else also testifying in the background thank you

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I'm sorry. That's your project information form. Yep.

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You had a community meeting October 18, 2022, right? Yep.

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It's your deed. Yep.

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Okay, that's the back of the house.

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Lower it down.

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Let's see.

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Go back up.

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Okay, can you turn that picture for us?

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That's the back of the house, you're saying, right?

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Yep, that's the backyard.

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Proceed with the pictures.

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I have some new updated pictures inside too.

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No, no. Hector's got to speak. Go back. I want to see the front of the building.

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Mr. Diaz, is this currently a duplex and you're trying to legalize it?

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Yes.

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That's the first floor kitchen.

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That's the front of the house entrance to the top, to the second floor.

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I'm sorry.

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okay yep

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that is the bathroom from the second floor

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that's the entry to the second floor right

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and then yes

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turn this next form so I could we can see the form

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could you turn this form for us it's upside down

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okay that's your mailings okay proceed

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you have a picture of your posting um yes

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Move it please.

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Certification.

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Okay.

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move on

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tax clearance certification yeah i see i see that

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is there a picture of the house being posted

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yes all right let's let's see the posting

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Can you give me one minute for the picture, please?

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all right so that's i see you okay

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yep

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those are the plans

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yep

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Okay, take me to the posting, pictures of the posting.

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Is that your picture or your posting?

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Yes.

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Okay.

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Are there other multiple family houses on your block?

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Yes.

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How many?

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It's like three of them or four of them, if I'm not mistaken.

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And how long have you had your house as a multiple family dwelling?

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Like about three years.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Sloan Folks.

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Okay.

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Good morning, Chairman.

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Good morning, Mr. Folks.

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Could you state your name, please, and spell for the court reporter?

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Yes, sir.

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my name is sloan folks s-l-o-a-n-e f-s and fire o-l-k-s office member i'm sorry i'm representing

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Office member, I'm sorry, representing the Office of Council Member Ketzi Lozada, Room 316 City Hall.

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the office of council member uh

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

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Yes, I do, sir.

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Proceed, sir.

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On May 27, 2022, former Council Member Maria King-Elena Sanchez submitted a letter in non-opposition for this various requests for the June 1st variance hearings held by the ZBA.

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Presently, Council Member Lozada concurs with her position of non-opposition for this various

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requests. The applicant has met with the coordinating RCO and has received a letter of

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support. Thank you very much. I'm available for any questions.

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Thank you. Could you have that? Hillary, we don't have a letter, right?

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No, Mr. Chair, we did not receive a letter.

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Sloan, could you send the letter over to our office?

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Sloan?

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Yes?

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Okay.

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Yes, sir.

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Mr. Folks, could you send the letter to our office so we have a copy?

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I will be sure to send a letter from Councilwoman Lazada, the original letter from Councilwoman Sanchez, and a letter from the RCL.

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I appreciate that.

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Thank you, sir.

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Thank you.

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Anyone else from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Board members, the comprehensive plan recommends no change to the existing RSA 5 single-family zoning at this property.

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We believe the predominant land use on this block is single-family.

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The appellant has not supported their hardship claim with evidence of unique physical circumstances that would make single-family use infeasible.

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and so the city planning commission recommends that the board deny the variance thank you mi

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2022 004 552 134 west loray street i vote yes thomas holloman my vote is yes james snell my vote

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is yes.

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Ishmael Shahid, my vote is yes.

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Thank you.

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Number

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four, MI 2022

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004-557-6013

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Vine Street.

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No RCO letter.

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Eli

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Gabay, Lionel

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Abram Ginsberg, attorney for

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owner good morning chair good morning board this is lionel artem ginsburg in place of ellie goodbye

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for i for uh zy pro the owners of 1613 vine street uh we provided the board with an arson

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wait a minute wait a minute wait a minute do me a favor state your name and spell please for the

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court reporter lionel artem ginsburg l-i-o-n-e-l last name a-r-t-o amazon mary hyphen g-i-n-z-b-u-r-g

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right do you swear or firm to tell the truth the whole truth nothing but the truth

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i do um could you state uh who the owner is and their relationship to the property

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The owner of the property is ZY Properties, LLC.

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I have one of the co-owners here with me, Mr. Noah Ziv.

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Okay, and our vice chair has a few questions for you, sir.

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Good morning, Counselor.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed all the exhibits that were required to move forward with this case within five days of this hearing?

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