civus
Hearing video

ZBA Hearing - October 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20213h 14m

valet spaces. So you would bring your car, you'd leave your key, and the valet would then be in

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control of those additional spaces. So as far as the refusal, if you take a look here at exhibit

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one, you'll see that the refusal was issued for two reasons, both related to the width of the

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dry vial in certain portions of the garage. You can see this concerns the 90-degree stack spaces

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and the parallel parking spaces. This condition exists on both levels of the garage. So you can

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see where the examiner identified this issue along both edges here where you see their stack spaces

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as well as valet spaces. If you'll take note, all of the drive aisles surrounding the spaces

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actually do comply with the code and they vary from 24 feet wide at the narrowest to 28 feet

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to 28 feet wide at the widest however the way the code is written to comply

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wide at the widest however the way the code is

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a separate dry vial would be required between the valet spaces and the self-parked spaces

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logically that doesn't make much sense as it applies to valley spaces and we submit that

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the drafters of the code did not intend this provision to apply to a situation like the one

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before the board today. The minimum required drive aisles are actually provided, and it would

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be quite inefficient and functionally impossible to have a separate 24-foot wide drive aisle

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separating the valet spaces from the self-parked spaces. We submit that the dimensional variance

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does fulfill the spirit of the code, which encourages parking designs that limit impact

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on neighboring uses, increase safety, shields parking areas, and allows flexibility to the board

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in addressing vehicle parking. The proposed design meets all of these elements.

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The proposal further will not increase congestion, harm neighboring properties, or impair light and

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air. Full analysis, as always, is provided in my memorandum of law submitted to the board at

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Exhibit 12. With respect to the community, we met with Palton Village Civic Association,

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which has been deeply involved with not only this project but the full Schuylkill Yards project

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overall and they did submit a letter of support which you should have at Exhibit 16.

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At this time I will bring up Chris Franklin if

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the administrator can bring him on so he can adopt my testimony.

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mr franklin mr franklin you can unmute yourself and speak now yes i'm here afternoon sir please

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spell your full name and i'll swear you in christopher franklin c-h-r-i-s-t-o-p-h-e-r

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f-r-a-n-k-l-i-n you swear or affirm to tell the truth the whole truth nothing about the truth

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I do. Thank you, Meredith. Chris, you've heard all of the testimony that I gave here before the

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board today? Yes. And would you agree that that testimony was true and accurate and would you

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adopt it as if it were your own? Yes. Thank you. And like I said, we do have the architecture

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on the line just in case you have any additional questions. Thank you. Any questions from the

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board no mr chair no would anyone else like to testify in this case if so please raise your hand

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no further hands at this time sir thank you planning commission good afternoon sorry this

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is rebecca cole i just wanted to state on record that uh we received a confirmation from councilwoman

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Gauthier's office that she has no object opposition to the requested variance as well thank you thank

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you thank you all right good afternoon David Vecto city planning commission Mr. Chairman members of

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the board the comprehensive plan recommends no change in the commercial mixed use zoning at this

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location commercial mixed use five is the densest zoning district that we have the requested dimensional

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variances appear to be minor compared to the scope of the overall proposal the impact of the changes

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will only accrue to areas inside the proposed building we recommend that the board approve

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the requested variances thank you mi 2021 that's zero zero two six two three three zero two five

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jfk boulevard my vote is yes carol tenere my vote is yes confessor plaza yes james bell my vote is

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yes. Thomas Holliman, my vote is yes. Thank you. Thank you. Thank you. We know the case number

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MI 2021-002634, 326 Roxborough Avenue. Ms. Pritzker, we spoke a little bit earlier. You're

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still under oath. Then I'll repeat that the RCO letter from the Central Roxborough Civic

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association indicates that despite a 44 to 17 vote in favor of this application that the rco is

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still request is is requesting a continuance so we'll get to the facts of why that request

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is coming up ms pritzker if you're out there just please identify yourself with a record

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please raise a virtual hand if you're still in the audience

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no hand yet Jason no sir all right why don't we do this let's go to case number 14

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and then we'll come back to case number 12 and I know there was a lady waiting for this so we'll

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get back to you shortly um aren't we going to 13 first 13 was continued

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aren't we going to 13 first 13 was continued

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okay am i right or wrong

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i i had it as continued

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you are correct chair okay thanks tanya thank you we're going to go to case number 14

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MI 2021-002, 643-5138 Gaynor Road, Alan Notkinson or Calmenta Amazon are representing.

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My notes indicate we have not yet received a letter from the Winfield Residents Association.

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So is it Ms. Amazon or Mr. Notkinson?

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It's Ms. Amazon.

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Okay, you're back.

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Just identify yourself and remember, I'll remind you you're still on the road.

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Of course, come on to Amazon.

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I'll just spell your name and that way.

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Oh, sure.

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C-L-E-M-E-N-T-A, last name A-M-A-Z-A-N.

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Thank you.

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The Vice Chair, Ms. Carroll, can already ask questions for you.

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Hi, good afternoon.

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

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Yes, I do.

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have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or

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referral photos and or plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter yes and we do have a letter okay great you may proceed

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Thank you.

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I'll just go ahead and trim the screen.

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So again, today I'll be presenting 5138 Gainer Road.

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I appreciate that.

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I'll be presenting 5138 Gainer Road.

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What we're looking to do here is we currently have two legal units.

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We are looking to add one more unit to this property.

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Previously, my client did attempt to abide by the commercial zoning

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in that they attempted to have a daycare here however the community voiced opposition to that

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proposal and they stated that they would prefer to have residential so we went back to the drawing

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board and now we are providing the residential that the community requested so i won't go

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Ms. Amazon you froze yes uh-oh Ms. Amazon you repeat that you froze after you said

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we went back to the drawing board we went back can you hear me now yes yes perfect

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i apologize so we did go back to drawing board and we are now proposing a fully residential unit

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on the ground floor so i will go through the notice of refusal of the letter of non-opposition

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that we received from winfield residents association we really made a sincere effort

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to meet with them and address the concerns that they had regarding the commercial use

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permits for the property maps of the area photographs of the property currently

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our proposed plans and drawings or excuse me it's an existing structure so the design that

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we have for that ground unit, the notice we sent out for that community, as well as the deed and

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certificate of tax clearance. So first things first, we have the notice of refusal. So we are

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just looking to add one more unit. Currently, there are two units within the property that are

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legal. Again, we were looking to have a daycare on the ground floor. The community did not want

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commercial use here. They wanted to have fully residential. So we are now making that change to

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a fully residential structure so we do have a lot of non-opposition from the community as you see

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here and they did express excitement regarding the creation of another housing opportunity

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and given the ground for location that would be accommodating for various members of the community

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so here we have the permit showing that there has a multi-family history for this particular

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property a map of the area we are a corner lot there are several means of egress for the property

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as you will see later from the photographs here. So there's actually one entrance right here along

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the side of the property on the front of Gaynor, excuse me. And then there are one entrance on

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either side or the side of the property along North 42nd Street. And here we have a view of

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the rear of the property, Gaynor Street to the right of the property, Gaynor Street to the left

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of the property, North 52nd Street to the right of the property, North 52nd Street to the left of

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the property and here we just have some photos of one of the units so we really wanted to provide

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affordability here and that this is a very large building if we were to do single family it would

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be non-cost efficient here and again the community stated they did not want commercial either so

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we're just maintaining that residential use so one of the units will be three bedroom one bath

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excuse me and then the other two units will be two bed one bath and we did meet with the community

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here on September 21st at 6.30 PM.

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And here's the notice that we sent out for that meeting.

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And here's the notice that we sent out for that meeting. Again, we did receive a letter stating that they're excited about the residential use on that ground floor.

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Again, we did receive a letter stating

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that they're excited about

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Our certificates of mailing, the application for appeal, the refusal. Again, we're just looking to add one more residential unit at the request of the community.

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And here we have the deed showing that my client does in fact own the property and our certificate of tax clearance.

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So with that, if I can have Adam Rocco raise his hand virtually so he can adopt my testimony.

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I'm about to speak.

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Rocco, please spell your full name and I'll swear you in.

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it seems to be having some technical you hear me now oh yes we can i think i was on mute sorry

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about that no worries my name is adam rocco it's a d a m r o c c o you swear or affirm to tell the

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truth the whole truth nothing but the truth i do thank you miss amazon adam did you hear my

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presentation today i did i mean is it true and correct it is would you adopt it as your own

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testimony i would thank you thank you any questions from the board no mr chairman you know anyone

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else anyone else to testify in this case please raise your hand

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no further hands at this time sir thank you planning commission

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Good afternoon, David Fecto, City Planning Commission, Mr. Chairman, members of the board.

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The comprehensive plan recommends no change to the single-family residential zoning at this location.

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There is evidence in the zoning file of a legal two-family with a business at this address.

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The applicant has shown that converting the building into a single-family home would cause a hardship.

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He recommended the board approve the requested use variance.

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Thank you.

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MI 2021-002643.

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5138 gainer road my vote is yes carol tenere my vote is yes confessor plaza my vote is yes

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james snell my vote is yes thomas my vote is yes thank you we'll now go back to case number 11

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mi 2021 that's zero zero two six three four three two six roxborough avenue is miss pritzker

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available. Presker, if you're still in the virtual audience, please raise your hand.

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So nothing, Mr. Chair. Okay. I know there was a lady who spoke earlier about this case who

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was requesting a continuance, seeing that the attorney of record is not available.

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MI 2021-002634, 326 Roxborough Avenue, my vote is to continue, must be heard.

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Mr. Chair, I'm sorry to disturb you again, but a call here,

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has their hand raised, do I allow them to speak?

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Yes, please.

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yeah hi i'm the applicant um and rachel excuse me one excuse me would you please spell your phone

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yeah i'm sorry uh first name's khalil k-a-h-l-i-l last name mir m-i-r do you swear for him to tell

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the truth the whole truth nothing but the truth i do thank you please proceed i just hoping we

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might be able to get pushed till the end because rachel was on uh we don't this is the end okay

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I don't mean that to be abrupt, but that's the last thing.

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Yeah, that's fine. I understand. I understand.

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And Rachel will contact Ms. Sunkit to figure out a way to get the hearing sooner rather than later, if possible.

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Understood. All right. Thank you for your time.

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All right.

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Okay. So that concludes the two o'clock list.

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I believe case number 13, did you continue that officially on record?

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or is the applicant the pro se applicant still here i believe it was continued but i'll ask again

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mi 2021.002714 4938 b street i'm martha woods we i thought we had that on earlier

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yeah she was up there um sir her hand is raised again if you push it i will allow her to speak

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If you push it, I will allow her to speak at this time.

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at this time? Please do.

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Please do.

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Bye.

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Right.

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Please unmute yourself, Ms. Woods.

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Yes.

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Do you hear me?

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Yes.

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Ms. Woods, I apologize if I'm confusing things.

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You were on earlier.

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Are you ready to proceed with your case?

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Yes, I am.

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Do you have exhibits?

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I do not have them online, but I did send them in.

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and i believe we need to see those exhibits as you present your case

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okay um mr chair this is tanya the administrator yes um might i ask a question of miss woods

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Ms. Woods, who sent the exhibits specifically?

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Ms. Woods, who sent the exhibits specifically?

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Ms. Woods, I'm sorry, my board leader, the board leader for 42 Ward,

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um shante lindsey the executive the executive board um zoning representative

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and she sent your exhibits to whom yes uh she my email states that she sent them

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to the zoning board this zoning board

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wayne rebecca cole again i can state on record that the rco did send an amended letter of support

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however it does not contain the exhibits that would be necessary to be reviewed for a full

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discussion of the case before the board thank you rebecca

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tanya be okay if i ask miss woods to go up line and have a conversation with you

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We don't have the document.

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That wouldn't be possible, Chair.

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I'm not in the office.

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Oh, okay.

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But I do see that we have some exhibits that were submitted.

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However, they were not submitted to Ms. Saleta to review prior to the hearing, although they were submitted early.

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And the responsibility of the submission of exhibits lies with the applicant.

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Yeah, I hear you. Obviously, Ms. Woods is not being given the good advice.

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We're left with no option, but they're continuing. Is that correct?

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That's what it appears, Chair.

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