civus
Hearing video

ZBA Hearing - March 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 5, 20258h 36m

versus state-run function, which I think preempts this zoning board.

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But again, all of these documents, again, with the exception of certain petitions, were

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submitted earlier.

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Again, the real estate taxes in Exhibit 10 shows that there's zero balance.

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Mr. Torres has purchased his property back in 2019, opened up the first floor restaurant, and we've received the refusal.

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He has such a great following that there's constantly people waiting outside.

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And in order to alleviate that problem of congestion on the streets, it saves the neighbors some headaches, if there are any, and to have that overflow go to the second floor.

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The sole purpose of the second floor is to allow seating only. It's not for any plumbing and any cooking on the second floor.

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It's strictly seating to accommodate the first floor restaurant.

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And as you saw, we have the application for the appeal in Exhibit 3.

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Exhibit 4, if you want any descriptions as to this or if you have any questions, Mr. Torres can probably answer them significantly better than I can.

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There there's a separate entrance on Cross Street for the second floor apartment.

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There's a separate entrance for the second floor apartment.

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And as a matter of fact, the extension is solely for the front portion of the second floor as far as changing it from.

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uh as far as changing it from uh residential to the commercial request for the variance there

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notice to the neighbors was submitted we did meet with the community group on that date

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as stated earlier and here are some photographs of if i can shrink this

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of the posters were submitted on i mean posted on both sides of the property as required i can

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continue to go through there's so this is what the property looks like uh on the corner

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bedrooms again mr torres's bedroom bathrooms

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entrance to the second floor on the side

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and

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I can keep on going

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and that's it

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and so that's what the inside second and third floor

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look like at this moment

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just to

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go through this I'll go to the table of contents

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and if you want me to go

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do me a favor go back again show us how like the second

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floor you're saying only the front portion of the second floor will be the restaurant yes so let me

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show that so the side entrance will take him to part of the apartment he lives in now

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yes so so i guess when you go up the side entrance if we can have uh mr torres

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on here too because again he understands the the cutouts and unfortunately we do not have

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our architect on on the call right now all right so mr torres

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

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yes uh juan carlos c-a-r-l-o-s torres t-r-r-r-e-s do you swear or firm to tell the truth

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told truth nothing but the truth i do counsel please proceed okay mr torres um you've been

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sworn in and can you describe the entrance to the present let's do it this way the present

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entrance to the second and third floor where where is it yes it's in the sidewalk on cross street and

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it takes you to the second floor from the street there's a little um a step like a step way to the

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second floor um and we intend to use the same entrance to exit the building but the entrance

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is going to get built out to connect it to the same stairs through the existing bathroom

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which we're going to build a second bathroom on the second floor as well and are you able

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are you able to see the the plans that are presently on and it'll say you'll see it'll

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say one two three and four at the bottom where it says first floor uh are you referring to

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uh the interior portion where you'll be able to go from the inside of the restaurant to the

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second floor and up the set of stairs is that what you're indicating correct on on the

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on the second

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picture in the middle

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you're able to see the

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the doorstep

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from across the street

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and that's going to take you

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to the stairs to the second floor

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You're not removing the stairs that are on

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cross street, correct?

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Correct, we're not

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It's just going to be interior

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interior manipulation of the

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stairs? To come up

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to the second floor, correct.

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Okay.

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Does the board have any

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other questions? Questions from the board?

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Yes, so this

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will still be a shared stairway

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now between

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restaurant patrons and

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whoever is residing in

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the apartment upstairs.

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Yes, this is going to be myself.

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I'm going to be living on the floor.

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floor right now but like so okay and you're still going to maintain the exterior stairwell and

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entrance but restaurant patrons will not be using that one they'll be coming through the restaurant

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correct yes okay just a matter of note the first floor plan says it's existing and that's not true

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that's proposed so i would fix that before you submit it all right other questions for the board

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Yes. How many more? Well, let's start at the top.

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How many seats do you have now and how many do you think you're going to have with this extension?

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Currently, we have 32 seats inside, and I have a cafe license for outdoor seating for 12, and we're applying to try to get another 15, 20 more seats on the second floor.

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Currently, we have 32 seats inside and I have a cafe license.

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So you're talking 32, you said, and 12 for exterior, you said?

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Yes.

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44, and you're trying to get another, how many did you say?

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Between 15 and 20 other seats to the second floor.

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All right. And again, the access to this second floor is going to be through the existing restaurant?

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Correct. Correct.

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Okay. Yes.

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And there'll be no cooking up there or whatever?

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No cooking. It's mostly going to be seating, extra seating.

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Okay. And then you said there will be a restroom you're going to put up there as well?

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We're going to build a restroom upstairs on the second floor as well.

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All right. And have we given any thought to the idea of accessibility for patrons to this?

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The first floor bathroom is ADA compliance.

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And it's going to stay that way. We're not planning to change the existing bathroom on the first floor.

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Unfortunately, the second floor, it's ADA compliance as well.

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And we're going to maintain it that way.

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How is it ADA compliant?

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Just as if you see the plans, we are putting enough area for the second floor bathroom to have enough space to comply with ADA.

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But how are they going to get up there to the second floor?

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How are people going to get up there to the second floor?

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We're planning to eventually put either like an electrical chair that is going to go up and down.

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Okay.

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So is that on the plans?

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That's not on there.

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It's not on the plans yet.

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Okay.

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And how many stairs are we talking about here?

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There's about 11 steps.

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Okay.

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All right.

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Thank you.

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Anytime. Thank you.

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Other questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Mr. Colavita, did you show the tax? I apologize if I missed it.

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I did. I did. So before I do that, I just, I'm not going to go through every single one,

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but exhibits A, 7A through J are other similarly situated first, second floor restaurants

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within a couple of blocks of, this is right next to Pashunk Avenue.

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And these are 10 different locations that have a first and second floor restaurant.

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And let me get back to exhibit 10, which shows that the taxes for 2025, which is the top line.

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And I don't know why it doesn't have the years on there.

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i apologize for that i mean but um you're fine i did check on the tax center too so you're fine

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thank you you're welcome questions or comments from the virtual audience

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i see no hands at this time too planning commission amy wood with the planning commission

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the comprehensive plan recommends no change in zoning at this location from the existing

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commercial mix to cmx1 the appellant has not demonstrated their unique physical conditions

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or circumstances of the property that would prevent it from being used in conformance

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with the zoning code. The Planning Commission recommends that the board deny the requested

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variance for expanding the sit-down restaurant to the second floor.

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Thank you. MI 2024-006-328-1524 South 10th Street, I vote yes with proviso.

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No amplified music on the second floor.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso

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Tywin, my vote is yes with proviso

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Ishmael Shahid, my vote is yes with proviso

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Thank you, counsel. We have your votes.

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Thank you very much. Have a great day.

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Number seven, MI 2024-004-304-2001

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Kinsey, Attorney

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Louis Stevens.

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You

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Louis Stevens

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will be rejoining us as a panelist.

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Right.

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Mr. Stevens?

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We see Mr. Stephens is coming on.

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Yes, Chair.

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Okay.

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I'm sure we'll promote him to penalize.

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chair um lewis stevens declined to be panelist and i have a hand up by the name of winston

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banks okay let's see let's see what we have there they have been allowed to speak

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oh hello is this mr stevens no winston banks the owner okay um mr banks oh can you hear me

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yeah we hear you could you state your name and spell for the courts yeah winston banks w-i-n-s-t-o-n

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Banks. B-A-N-K-S.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? Yes. Mr. Banks, is your

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counsel with you? He had to step

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away. He'll be back at 12.15.

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We're not going to be

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available at 12.15. I'm sorry.

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Can I answer

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Mr. Banks, we don't have a copy of the deed to the property and we don't have proof of posting for this property.

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So we can't until we have those, we cannot proceed with the hearing.

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And it also appears from our paperwork, but we don't have a deed to confirm that you may own the property in under an entity.

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Is that correct?

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Well, no.

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Mr. Attorney Stevens is going to address the deed. My name is physically on the deed. And in regards to the dating of the hosting of the notices on the windows for the public, when I had called the ZBA office, and she confronted me about that, I said,

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well, if I go to the place where I always get my documents, DocuCenter at Broad and Poplar Street,

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I have a receipt with the date on it. Would that suffice? And she said, yes. So what I did,

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I enlarged the receipt so it will be more unreadable. And I made a comment on it. This

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is the receipt to prove

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that this is the date

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that I had posted

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the window

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postings for the public.

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As far as that's concerned, that should

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suffice. Mr. Banks,

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are you able to show us any

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exhibits, including your deed

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in the proof of posting?

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Yes.

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Are you comfortable proceeding

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without your attorney?

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I am, but the deed,

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no.

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Yes, the attorney Stevens has to address that.

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But as far as the proof of posting, I can address that.

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Mr. Banks, unfortunately, I think we're going to have to continue this matter if we can't see all of the required documents.

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Can you please reach out to the ZBA office and they will work with you and your attorney to reschedule this matter?

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okay so so mi 2024 004 304 2001 kinsey street this case will be

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i'm not okay this case will be continued and the staff will work with him to get a new date

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thank you very much is there anyone in the virtual audience who their case has not been called from

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930.

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Mr. Chair, I have a hand up from

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The number ending in 3552, this may be Ms. Adrienne Fernandez. I will allow her to speak.

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the number

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ending in 3552. This may be

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Ms. Andrea Fernandez.

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Adrienne?

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