civus
Hearing video

ZBA Hearing - November 10, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20205h 26m

the view of the property to the right to the left

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and here are our plans so this is the addition that we will be adding to the

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rear. And it's just going to provide for a study. Everybody's working from home at this

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point, so we're trying to facilitate that, make it a little bit easier. And as I mentioned

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prior, we do have a letter of support from Fishtown Neighbors Association, as well as

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the neighbors to the left of us. As you can see here, 15 West Widely and 17 West Wildey.

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Our refusal and proof that we mailed out.

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the refusal was regarding the rear yard yes okay you can summarize if you don't mind

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oh of course so our refusal was for the rear yard for seven feet and we are proposing five feet for

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that um so we're just going to have that two-story rear addition and we would like to also enter

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proviso that it remain a single family home um and just as a heads up we would be demolishing

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that back wall so we want to ensure that we would still be able to get the building permits for

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that. And we're hoping that we can defer to the CBA on that matter as well.

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Do you have your client with you?

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I believe I do. Joe, if you could raise your hand.

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Or virtually raise your hand.

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If you're going to be able to get them on, we'll accept your testimony.

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Hi, I'm here.

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Hi, good morning.

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Please identify yourself, spell your last name for the record, first and last name, please.

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Hi, this is Joseph Zarnik, first name Joseph, J-O-S-E-P-H, last name Zarnik, Z as in cat, Z as in zebra, A-R-N-I-K.

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And do you swear to the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Please proceed, ma'am.

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Thank you.

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And Joe, did you hear everything that I stated today?

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I did, yes.

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And was it all accurate and correct?

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Yes.

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If given the opportunity, would you adopt it as your own testimony?

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Yes.

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Thank you.

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Thank you.

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Any questions from the board?

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No.

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No.

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No.

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Excuse me.

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Excuse me.

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This is Sharon Saleta.

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Can I just say that though the reference to it being a two-family dwelling and the refusal

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appears to be a misunderstanding on Ellen I's part, just to clarify, if you should vote

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to approve this, if you could add a proviso of saying single-family dwelling.

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Yes.

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will do okay thank you uh anyone out there who would like to testify in this case if so please

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raise your hand no hands thank you planning commission

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good morning david effecto f-e-c-t-e-a-u with the city planning commission

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we're in a firm to tell the truth the whole truth nothing but the truth

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yes sir i do please proceed thank you mr chairman and members of the board this property is indicated

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for single family residential use in the city's comprehensive plan we have no objection to

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granting this variance thank you mi 2020 that's 00031713 west willie street my vote is yes with

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proviso remain single family yes for proviso yes with proviso yes with proviso thank you

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thank you have a great day you too miss amazon thank you next one up is mi 2020-001316 1305

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north 19th street

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okay chair i brought forward it appears to be the applicant or owner um excuse me this

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is sharon saleta the owner for this property is um julian dominguez yes i'm here thank you

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good morning sir please identify yourself with the record spell your first and last name and

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i'll swear you in good morning mr chairman my name is julian dominguez

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sh-u-l-i-a-n-d-o-m-i-n-g-u-e-z we're in the firm to tell the truth the whole truth nothing but the

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truth yes i do and your address sir uh is 1305 north 19th street mr dominguez have you emailed

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an exhibit packet with the required documents proof of ownership proof of tax compliance

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copy of the refusal photos and plans five days prior to this hearing yes i have also have you

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met with the rco and have a letter yes i have please proceed um okay so i'm applying for

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an appeal for my property in 1305 North 19th Street. This is currently a single family

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property. I'm trying to get a variance for a two family, for a duplex.

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Can I share my, sorry this is my first time, can I share my screen so you can see me?

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Yeah, please do.

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Share screen.

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Can you see my screen?

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yes okay um so this is my appeal apply application

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this is a refusal and i mentioned here that this is a single family and but all the almost all the

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the families on the block are multi-family or across the street is just a amount

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part M1, so it's also multifamily, and this is my properties in D, and so here I'm showing

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that all the properties on the block, almost all the properties are multifamily. This is

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the layout of the property. Here you can see it's three floors plus a basement. I'm converting

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the first floor and the basement in one unit and the second and third floor in another

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unit. The first floor is going to be two bedrooms, two bathrooms, and the second and third floor

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is going to be four bedrooms and three bathrooms. These are the views, so you have an idea of

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the three floors and the basement.

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So you know this used to be... It looks like it used to be multifamily in the past too.

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it was converted back to single family um used to have two decks on the back uh the when they

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saw me the the property they didn't fix this so that's my intention to fix this too during my

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my renovations um

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okay i i think you have all this augmentation uh do you have any questions sorry i don't know

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if you need it. Okay, hold on please. Yeah. Any questions from the board? No, no, no. Anyone

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else would like to testify in this case? If so, please raise your hand.

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Chair, I have unmuted Mary Jones from the council president's office. Good morning,

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ms jones please identify yourself for the record then i'll swear you in good morning members of

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the board my name is mary jones i'm here on behalf of council president daryl clark

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We're in a firm to tell the truth, the whole truth, nothing but the truth.

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we're affirmed to tell the truth the whole truth nothing but the truth i do

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I do.

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Thank you.

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Please proceed.

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Yes.

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The RCO meeting did take place for this project.

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I've been in contact with them.

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However, they told me there was opposition.

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However, I have not received a letter just enumerating all their information.

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their position, but they have communicated that to me.

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Aaron, do we have anything on file?

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It will take me a minute to look. Sure, take your time.

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Thank you. Did Mr. Dominguez have the letter?

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Which letter, sorry? Did you have a letter from the RCO you said?

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i didn't receive anything from them okay mr domingo as you said the other properties on

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the block adjacent to you are multi-families yes they are yes two units three units what

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what's made mostly consist of uh mostly there are three or four units all in the block

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you want to hold this aside until later on

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sharon um if he has not received a letter then neither have we

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because it would have been submitted by him if neither he nor the council person had

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all right any questions from the board no no no anyone else would like to testify in this case

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please raise your hand no hands chair thank you planning commission good morning david

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effecto city planning commission mr chairman and members of the board this property is indicated

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for single-family residential use in the city's comprehensive plan. We do not believe that two

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units within a house that is over 2,400 square feet is an unreasonable request. We do not believe

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an additional unit will have an adverse impact on the block. Accordingly, we have no objection

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to granting this variance. Thank you. MI 2020, that's 001316 1305 North 19th Street. My vote is yes.

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my vote is yes my vote is yes my vote is yes thank you uh number four and number four is

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continued number five is withdrawn number six is continued we go to number seven

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mi 2020-001127 1614 latina street this is sharon saletta i have no record of having received

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exhibits going here for 1614 latona street chair i have a muted michael moss i'm here can you hear

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me yes sir please my name is michael moss um i didn't we didn't know that we had this hearing

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until just by excuse me sir you are are the the owner i'm not i'm representing i have the owner

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with me i can swear in the firm to tell the truth the whole truth and nothing but the truth

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i do so i didn't know i didn't know that we had this meeting until just the other day but i

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happened to just be on phil.gov but the last time that we were in front of the board you guys

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approved this but i had a supply documentation and i brought it back that day and had it time

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stamped and delivered on february 5th so i'm not sure what this meeting is even for right now

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are you the attorney i'm not oh i'm sorry i thought you were the attorney i'm i apologize

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the owner there yes uh please identify yourself with the record spell your name please

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is william moss w-i-l-l-i-a-m-m-o-s-s we're confirmed to tell the truth the whole truth

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nothing but the truth yes sir all right would you please uh just give us a brief description

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you're you're you were not aware of this hearing we didn't know about this here we we had the

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hearing in front of you on february 5th of 2020 you everything was approved we just had to supply

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you with a couple documents which we brought back up the same day having time stamped and all

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but then right after the city closed down because of covid that you should

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But then right after the city closed down because of COVID, that you should, the papers all should be in the file that you requested.

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the

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So Chair, it sounds like this might be a delay list case that came over to us.

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Okay. All right. Well, we could vote it then, correct?

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I would prefer if we do the research to see what we have on it prior to the vote.

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it was only i think it was something like just the deed or something like that but whatever we

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brought them back up within like an hour or two we brought all the documents back up we and they're

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all time stamped okay so tanya how do you want to proceed um i would suggest chair if we can hold

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this to next week maybe wednesday morning and do a vote as long as we verify what was requested

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it by the board and that it was um received so we don't we wouldn't be closing the record would

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we you would be closing the record since those documents have been submitted okay all right

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mi 2020 that's zero zero one one two seven one six one four latona street the record is closed

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the board will render a decision at next week's uh hearing i i have a question when we were at

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the last meeting though you guys approved it i i understand but there was documentation okay

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so what what do we need to do do we need to log in for another zoom meeting next week you can

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listen in if you want we're not going to have a hearing we're just going to okay go over the

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documentation to make sure it's everything that we needed is and if there's anything that needed

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to be updated since then till now that will someone contact us via mail or something because

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like i said we haven't received anything it was just a sheer glitch we were checking licenses

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and came across this hearing.

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Okay, understood.

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You'll be notified if there's anything

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that the board, that the ZBA needs.

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Thank you so much for your time, everyone.

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Next one up is MI2020-000201-1822 Benson Avenue.

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Chair, I have Andrew Feltzen.

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Andrew, are you the attorney or applicant or owner for this?

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I'm the associate attorney at Glen Ross PC, which is the attorney of record.

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Okay, could you hold while I promote you to panelists?

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Thank you. Hello.

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Okay, Andrew, you're going to mute yourself and wait to be sworn in.

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Good morning, sir. Please identify yourself with a record, spell your name, and I'll spell your name.

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Andrew. Andrew Feltson, A-N-D-R-E-W-F-E-L-T-Z-I-N.

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We're in the firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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You'll give away the reading of its refusal and stipulate to its accuracy?

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Yes.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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

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I emailed them on Thursday, so yes.

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Okay, also, have you met with the RCO and have a letter?

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The RCO declined to meet with us, saying that they unanimously supported our position

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and stated so in an email which was included in our packet.

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Okay, so you said you emailed them this Thursday they just passed?

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I emailed the packet this Thursday. The email from the RCO came in in, I believe, April, if I could check the date.

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This is Sharon. I did review that email. The RCO said that their board had unanimously approved it.

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They saw no need for a meeting and that the applicant could go ahead with the hearing.

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Yes, and they sent that email. Yes, April 28th.

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Okay, then please proceed.

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Yes, sir. I apologize. This is also my first time at one of these meetings, so let me share screen.

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No problem. We'll get through it.

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Okay, thank you. I appreciate it.

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um let's open this start with the deed for the property can you see the deed

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no we don't know not yet did you click the share screen button first before opening up the document

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i did click share screen hold on um and then click there we go okay you're screen sharing

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I apologize. This is new for me.

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No worries. No worries.

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Okay. I have here the deed

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for Bentoncourt Holdings, which is the record owner.

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for Benton Court Holdings,

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which is the record owner.

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I have here the project information form, which describes the project.

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I have all these were submitted in the packet. I have here the email from the Ronhurst Civic Association, which was our point of discussion.

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