civus
Hearing video

ZBA Hearing - August 13, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 13, 20256h 43m

And this is the approved proviso for, again, 10-10.

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It will be the same proviso today,

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basement egress windows reconfigured,

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windows now partially above grade,

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and it's the same plan, A200.

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This is the zoning permit that we did,

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were issued in 2020 for Parcel B.

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After three years, as the board knows,

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it runs out or expires.

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This was the original submission of the site plan, showing the rear yard.

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And this is the residential building permit for 10-12, which also has run out.

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And if we get approval today, we will have to go through those steps again.

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So that is the presentation for today.

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We're not really impacting any adjacent development, not impacting light or air.

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The project is in harmony with the code.

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It's in harmony with the adjacent property of 1010, and certainly in harmony with what the community group would like to see there.

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So with that, I would rest and bring my client on, Mr. Chairman, to adopt my testimony.

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Why don't you bring your client on, please?

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Mr. Salamone, can you unmute yourself so you can be heard by the board?

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I'll go back to the floor plans.

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Mr. Solomon, if you're in a virtual audience, please raise your virtual hand.

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Michael Solomon, please accept the promotion to panelists.

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Okay.

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Mr. Solomon.

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Michael, can you...

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Can you hear us?

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It'll take him a couple of minutes to get on.

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Michael.

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Do we see Mr. Solomon?

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Mr. Solomon, did you raise your hand?

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Yes, I did.

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good morning how are you doing good morning hi mr solomon could you please state your name

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and spell for the stenographer uh michael salamone m-i-c-h-a-e-l salamone s-a-l-o-m-o-n-e

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you swear or affirm to tell the truth the whole truth nothing but the truth

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i do please proceed counsel thank you mr chairman mr salamone were you on the zoom

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call when i presented your project at 10 12 west colonna yes i was if you had the chance to testify

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would you adopt my testimony as your own

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and as true and correct?

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Yes, I do.

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And is it true that you will be installing

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a trash closet on the second floor

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for the second floor unit to store their trash in?

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That is correct.

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I have no further questions.

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Questions from the board.

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Can I just clarify,

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this application today is only for 10-12

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and you said 10-10 was already approved

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or will also need a separate approval,

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but it's the same essential layout.

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Yeah, I don't think I was clear then yet.

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1010 has already been approved

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with the same floor plan

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and the same proviso sheet.

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Okay.

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I think sort of one,

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just comments,

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looking at the basement,

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you guys mentioned that

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there would be no living in the basement,

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but the space that you have listed as a den

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is just really,

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it's a bedroom, like legally.

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It's got a full bathroom.

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it has an egress well and a closet

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you could label it whatever you want on the plan

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but it is going to be considered

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a legal bedroom

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and so I do think

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that right now

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this plan is misleading

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because there's two bedrooms in the basement

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which makes these three

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bedroom two baths

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uh i i hear you miss when that's why i pointed that out at the outset uh i i did not put the

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I hear you S. Wynn

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that's why I pointed that out at the outset

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that.

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word then then in there obviously um mr salamone would you uh yeah that's no problem we can remove

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the walls and um you know just make it a storage space in in the entire basement that is correct

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With the mechanicals?

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The closets would stay

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for mechanicals.

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So we would have that as a

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proviso then.

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And then what's the depth

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of the basement below grade?

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Do you know?

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Nine feet.

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Technically eight feet.

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It's five below grade.

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I'm sorry.

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I misunderstood what you said

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I thought you meant ceiling height

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right so the basement has

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9 foot ceilings and it's 5

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feet below grade

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that is correct

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how tall

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is the Philabundance

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building across the street

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it's not

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do you know

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I'm not 100% sure

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my concern is that

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this is really tall

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Like, for there to be mostly two-story buildings in this neighborhood and even the Philabundance building is, like, it's a high-ceiling one-story building.

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Like, this with the pilot house is 43 feet above the sidewalk.

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It's a big building.

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There is quite a few other projects that are across the street from the Philabundance building that are new construction with three stories and roof decks as well.

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On Kelowna Street or on the main thoroughfare?

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On, I guess that's 10th.

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Directly across the street.

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Yeah, I mean, I think that makes sense because 10th, it's varied.

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There's some three stories already on 10th.

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There are no three stories on Kelowna Street.

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There's no houses really on Kelowna Street.

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well there's the other side of the of the infrastructure i mean colonna street goes

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down for another three blocks and it's all two story right and yeah i do not know the height i

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mean in deference to the project 1010 was approved i realized not just because one project was

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approved doesn't necessarily require a second one but it is across from phil abundance there's no

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residential across the street and then immediately behind on 10th street there's a three-story

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property there so i but i understand your comment yeah i mean i didn't approve 1010 i would have

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asked the same questions of 1010 no i agree that's when was 1010 approved in january i want to say

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well that was really a result i don't think i was yeah that was a resumptive hearing

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because what happened is, this board did approve 1010, I believe.

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Let me go back to the permits.

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But what happened is when we originally presented the project,

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Mr. Johns pointed out that the windows weren't properly above grade.

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And by the time the architect redid the plans and we got them back to you,

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we had a hearing.

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That hearing was in January.

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But the original ZBA hearing, I think, no, I stand corrected.

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Michael is correct because I just pulled up my presentation from 1010 West Kelowna.

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That was January 22nd, 2025.

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That's when we had any other questions for the board.

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question to our attorney hillary emerson um excuse me uh just briefly mr clinton um so for

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i i saw the revised plans and what was submitted to lni originally the application was a site plan

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and what is being submitted as a for a proviso plan is an elevation um and i talked to lni about

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it because with the 1010 colonna street there was confusion when the elevation plan was stamped but

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there was no site plan um and ellen i will accept if this is assuming the board grants will accept

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the elevation plan but there also needs to be a site plan um stamped with it as well even if it's

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not there's no changes to it there needs a site plan needs to be attached um so if the board grants

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today it would grant with two pages of revised plans and a site plan would need to be submitted

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in an updated proviso form if there were any changes to the site plan

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an updated proviso form if there were any changes to the site plan as a result of the changes made

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to the elevation understood questions or comments from the virtual audience

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i say no hands planning commission

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thank you chairman and board members david effecto with the city planning commission

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chairman and board members, the comprehensive plan recommends no change to the I-2 medium

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industrial zoning at this location. The zoning in this neighborhood dates to 1933. This is a

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mostly residential section of North Philadelphia across the street from Philabundance's community

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kitchen. While this block face is mostly vacant, adjacent block faces are primarily residential.

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Most of the buildings on adjacent block faces are single-family dwellings,

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with two- and three-unit buildings well-represented.

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The City Planning Commission recommends the Board grant a proposed use variance

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for two-dwelling units and the proposed variance for not providing accessory off-street parking.

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MI 2025-001-284-1012 West Kelowna Street.

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I vote yes.

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Revised plans, two pages, stamped by ZBA, August 13, 2025,

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and no household living in basement.

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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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Tenetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Kiowin, my vote is yes with proviso.

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Thank you, Councilman.

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Thank you very much. Have a great day, everybody.

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Hillary?

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Yes, Mr. Chair, we're going to go back to number one.

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We've been unable to secure an interpreter.

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However, the applicant has indicated that he would like to try to proceed with his case.

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If we are not able to complete the case, we can, we will move it to August 27th at 930.

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But we would like to try.

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Come on up.

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Good morning.

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Please sit down.

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Pull the mic very close to you.

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Thank you.

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Could you please state your name and spell for the stenographer?

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Amin, A-M-I-N.

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Hold it.

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A-M-I-N.

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Last name is Safaev, S-A-F-A-E-V.

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Right.

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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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Yes.

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Our board member, Tanetta Graham, has a few questions.

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Excuse me, sir.

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Are you the owner of the property?

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Yes.

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okay because the the i have sir sir hi and so that lana riva as the listed owners who

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sir hi and so that lana riva okay do you have a copy of your deed yes oh it's up on the screen

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okay all right thank you janetta sure yes good good morning my question is have you submitted

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your documents five days in advance of the hearing?

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Say again?

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Have you submitted your documents five days in advance of the hearing, in advance of today?

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Okay. All right. Thank you. You're going to proceed with your case.

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No, no, no. Relax. Everything's... We got it up on the screen here. We're all good.

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So why don't you start off by saying what is it you're trying to do?

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