civus
Hearing video

ZBA Hearing - August 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 14, 20242h 43m

proposed at the top of the building here as well as two signs that are proposed along the side of

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an existing or under construction previously approved marquee which LNI has classified as

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projecting signs. This is the eastern elevation of the building. This is the location of our second

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wall sign that we're proposing. As I mentioned, certain accessory signage has already been

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permitted at the ground floor and these are renderings of our west elevation here you can see

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the building id sign at the top of the west elevation on long fifth street at the top here

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as well as the projecting signs again those are being deemed projecting signs because they're

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being proposed along the side of a marquee and they extend more than four feet out from the

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building but they are being proposed on the marquee was previously approved with the initial

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building construction um so we are seeking relief in this application um there's some additional

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renderings but we are seeking a relief for the location of our wall signs to be above the second

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floor windowsill as well as the classification of the two projecting signs and their projection

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from the facade of the building under the zoning code um we did present these signs initially to

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the art commission and their sign committee for preliminary feedback they had some minor comments

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and we made some design changes in response to the comments we got back from the sign committee.

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So the art commission has updated their recommendation for approval pending CBA

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approval based on those changes. And those latest sign plans were also presented to the Northern

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Liberties Neighbors Association in July, and we're happy to include their letter of support

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in our packet as well. So as I mentioned, we did make minor changes in response to the feedback

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that is where we are submitting proviso plans today in connection with this application. So

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if the board is inclined to grant relief, we do ask that it be done subject to proviso plans.

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With that, I'm happy to answer any questions. John Silverberg is here on behalf of ownership.

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If I can have him identify himself. Why don't you bring your client on?

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John, if you haven't done so already, can you please raise your hand?

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john has been allowed to speak

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Hi, could you please state your name and spell for the stenographer?

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hi could you please state your name and spell for the stenographer

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my name is john

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My name is John Silverberg, J-O-N-S-I-L-V-E-R-B-E-R-G.

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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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Please proceed, counsel.

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Thank you, John.

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Did you hear the statements I made to the board this afternoon?

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I did.

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Are they complete and accurate?

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Yes.

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Would you adopt them as your own?

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Yes.

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Thank you.

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Questions from the board?

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I have no questions.

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Questions or comments from our attorney, Hilliard Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission?

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Thank you, Chairman, and good afternoon.

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David Fechta with the City Planning Commission.

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Chairman and Board members, the comprehensive plan recommends no change to the CMX3 commercial

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mixed use zoning at this location the appellant requests relief for four signs which would not

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comply with the dimensional standards in the code signs r2 and r3 are for building identification

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and they match the character of signs on surrounding buildings signs r1a and r1b would

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project over the sidewalk the appellant has not shown that an economic detriment would accrue if

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these signs were required to comply with the dimensional standards in the code so the city

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planning commission recommends the board grant or propose dimensional variants for signs

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R2 and R3, but deny the proposed dimensional variance for projecting signs R1A and R1B.

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Counselor, do you want to take a minute to respond?

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Sure. Just to clarify, so the projecting signs as they're being classified by L&I are proposed

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alongside of a marquee that's previously approved by L&I. It's currently under construction.

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There is no additional encroachment along the sidewalk that will be created in relationship

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to these signs. Thank you. MI 2024-003-396-417-25 Callahill Street. I vote yes with proviso.

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Revised plans, six pages, stamped by ZBA, August 14th, 2024.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Taya Nguyen, my vote is yes, with Proviso.

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Tanetta Graham, my vote is yes, with Proviso.

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Ishmael Shaheed, my vote is yes, with Proviso.

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Thank you, counsel.

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Thank you.

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Is there anyone in the 2 p.m. virtual audience whose case has not been called?

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Chair, we have a Chon Wright with their hand raised, and they have been allowed to speak.

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Sure. Hi, I apologize for my tardiness. I've been late to the call. I was just trying to find out, I guess.

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Hold on one minute. Could you state your name and spell for that's right? Could you say your name and spell for the court stenographer?

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My name is Sean, C-H-A-W-N. Last name is Wright, W-R-I-G-H-T.

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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. What case do you want to know about?

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I believe it's case number 14. It was actually a continuance, and I am on as a...

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What's the location?

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The location is 7715 Oguns Avenue.

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So we heard that, and there's going to be a continuance of that case. We're going to bring that back.

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Okay.

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Okay. So just to clarify, ma'am, we heard the case, but they need to get a refusal that accurately reflects what they are now requesting. So they will be amending with the refusal and we will be having a resumption hearing, which will be posted that will need to be reposted at the property.

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okay i i okay i'll i'll um it's been a conflict with the neighborhood in trying to keep up with

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these cases it's never posted on the property and we run to anthony phillips office all the time

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like i i had to call them to get a number to rco just to get this number to call now so all right

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but thank you but if you if you entered your appearance to get onto the zoom you'll receive

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notifications of any upcoming hearing dates for this matter. Yeah, they said that before that

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didn't happen. So it's been unsuccessful attempts. I do a lot of chasing just to get a seat at the

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table. But thank you. Thank you. Is there anyone else in the virtual audience? Okay, everybody,

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we're going to come back at 3.30 and start the 3.30 list. Okay, thank you.

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Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's meeting with me, our vice chair, Ismail Shahid.

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meaning meaning with me with me our vice chair is mil shaheed present mr chairman our board

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member cheryl l gaston present mr chairman our board member tanetta graham present mr chairman

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board member michael johns michael's he he'll be here any minute and our board member taya win

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Present, Mr. Chairman.

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Also present is our attorney, Hillary Emerson, and the Deputy Director of Planning and Zoning, Kathleen Grady.

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Here's our virtual format.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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Video will be available by contacting kathleen.grady at phila.gov.

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For a court stenographer, we ask all witnesses and attorneys to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute to enter an appearance statement.

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Call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question and answer box on the screen is not for testimony.

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All comments should be directed to our executive director, Kathleen Grady.

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Let's look at our schedule for this afternoon.

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Number two, MI 2023-004-384-1196 Adams Avenue.

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This case has been continued.

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Let's see here.

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um anyone representing that please please come forward 4864 lancaster avenue

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nevae angel floyd if you're in a virtual audience please raise your virtual hand

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i see no hands chair okay um

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this is the second listing no one appeared last time so mi2023 006 954 4864 lancaster avenue

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i vote to dismiss michael johns i vote to dismiss cheryl gaston i vote to dismiss

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janetta graham i vote to dismiss i am when i vote to dismiss ishmael shaheed my vote is to dismiss

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Thank you. Number four, MI 2024, 001-773-824 North 63rd Street.

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That case is continued. Number five, MI 2024, 001-780-2633 Jasper Street.

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That case is also continued. Are there any other requests for continuances?

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yes chair we have darlene treat with their hand raised and they have been allowed to speak

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i counsel you've already been sworn once today just for the record state your name

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darlene please unmute yourself

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my name is darlene treat right and you've already been sworn in the case you want to

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talk about is 2337 North 30th? Yes, Commissioner. I took over this case for Mr. Hamilton. I finally

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did schedule a community meeting. It's on the 28th of this month, and I'm asking for another

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continuance today. Thank you. So MI 2023 004084 2337 North 30th Street. Cases continued. Mark

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must be heard. Thank you for calling in, Counsel. Thank you, Commissioner.

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let's see here

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MI 2024

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001

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810 3522

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Sussex Lane

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Cheryl Zimmin

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and Alina Zimmin

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it's pro se

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no exhibits first listing

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Cheryl, if you're in a virtual audience, please raise your hand, or Alina, if you're in a virtual audience.

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Chair, we have Cyril. They have been allowed to speak.

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Chair, we have Cyril. They have been allowed to speak.

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Okay.

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Okay.

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Yes, we are here.

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Hi, could you please state your name and spell for the court's tonographer?

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Okay. Spell name?

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Serhii Zimine and Olina Zimina.

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Could you spell that, please?

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S-E-I-R-H-I-I-Z-I-M-I-N.

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Right.

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

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Hello?

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Yes.

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Okay.

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So this is the first listing.

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We do not have your exhibits.

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We have not received your paperwork.

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Yes.

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We had a meeting and maybe it's our first time experience.

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And maybe we made an incorrect way for results in this situation.

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We received a violation notice.

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And when we was on the city of Philadelphia, they said we have to begin process to make our building like a two-family house.

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Okay. All right.

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So here's what you're going to need to do.

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I want you to contact the office.

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they will tell you what you need to to submit and then next time we'll we'll reschedule this the next

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time you should be ready to go but you have to call the office and find out everything you need

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to submit okay maybe we have to uh close this uh process and this case because we uh opened another

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ma'am please discuss please call the office and if there are issues with multiple cases

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um the staff will reach out to me and we'll get it sorted out thank you can i have a phone number

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for calling we're gonna put the phone number in the chat man okay thank you thank you very much

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Thank you.

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So number seven, MI 2024, 001-812-201 East Westmoreland.

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Ana Valasquez is the listed applicant.

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Jose Garcia is the listed owner.

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This is the first listing.

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We have no exhibits.

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We also have a request from continuance from HACE RCO.

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Anna or Jose, if you're in a virtual audience, please raise your hand.

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I see no hands, Chair.

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So this is the first listing, and we also have a request from the RCO for it to continue.

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So MI 2024-001-812-201 East West Moreland Street.

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Cases continue.

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Mark must be heard.

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And number eight is our first case. MI 2024-002-375-1 South Christopher Columbus Boulevard. Anthony Forte is the attorney. There's a letter of non-opposition from the Central Delaware Advocacy Group, and there's a letter of non-opposition from Council Member Squill.

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mr forte chair we have somebody by the name of frederick poindexter with their hand raised

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would they be in the same office yes yes they are okay all right they have been allowed to speak

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thank you thank you chair could you please state your name and spell for the court sonographer

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Sure. My name is Frederick Poindexter. That's F-R-E-D-E-R-I-C-K. Poindexter is P-O-I-N-D-E-X-T-E-R.

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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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Could you turn your video on, please?

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Mr. Poindexter?

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Thank you.

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Hi, Mr. Poindexter.

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Could you identify – do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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All right. Could you identify your client and the relationship to the property?

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Sure. The client is the Delaware River Waterfront Corporation, and they are tenants of the property.

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Okay. Thank you. And our vice chair has a few questions, sir.

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Good afternoon, counsel. You agree to waive the reading of the refusal or stipulate to its accuracy?

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