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Hearing video

ZBA Hearing - January 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 25, 20234h 58m

is the letter. Could you just enlarge that a little bit? So it's okay so it's 12.

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so it's okay so it's 12 12 to 2 against right

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correct and what's the reason they gave in a letter

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um

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they basically just said that they weren't in agreeance to it um all of the okay the members

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all right all right questions from the board

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okay let me stop my screen share yes questions from the board no no no mr chairman questions

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or comments from the virtual audience chair we have dylan mahoney with his hand raised

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okay mr mahoney please unmute yourself and wait for the chair all right good morning good morning

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Mr. Mahoney could you state your name please for the court reporter morning Mr. Chair uh Dylan

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Mahoney d-i-l-l-o-n last name m-a-h-o-n-e-y right um do you swear or affirm to tell the truth the

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whole truth nothing but the truth yes sir proceed uh thank you Mr. Chair members of the board uh

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again Dylan Mahoney um the director of zoning and land use from the office of council member Anthony

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Phillips. We've received the letter of opposition from the 50th Ward Democrat RCO, and the councilman

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is also opposed to the granting of the variance. Thank you. Thank you. Is there anyone else in the

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virtual audience? Chair, I see no other hands at this time. Planning Commission. Good morning,

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Chair Bergman, Ian Hegarty for the Philadelphia City Planning Commission. Last name is spelled

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H-E-G-A-R-T-Y. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir. Proceed. Thank you. Good morning, board members. The comprehensive plan recommends no

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change to the existing RSA 5 single-family zoning at this location. As we've talked about before,

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for use variances, we're looking for evidence that the variance is necessary to enable viable

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economic use of the property or some unusual physical conditions that prevent and allowed

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use such as a dwelling unit we don't believe that the appellant has shown either in this

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case and so the city planning commission recommends that the zoning board deny the variance

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mi2022-004-796-815 forest avenue i vote no thomas hollivan my vote is no

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my vote is yes okay um what we're going to do is for this case uh we needed three right hillary

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that is correct mr chair so what we will do is we will let the other member for our board

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look at the record and then we will get back to you thank you all right thank you

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MI 2020, number two. MI 2022. Excuse me, Mr. Chair. Yeah. Can we please move to the cases that require interpreters? That's number three. Oh, I'm sorry. Followed by number five. Yep. Okay. The interpreters are here and ready.

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So number three, MI 2022-004-797-4741 North Front Street. Wilder, Eli, Aldana, Yeruta is the tenant, the interpreter we have.

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Interpreter, please come on.

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Chair, we have someone by the name of Salo Ventura.

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that's the interpreter you could have promote her they'll be coming back in as a panelist okay

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um and if you're the owner for this property please raise your hand

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chair i see no other hands up at this time

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just the interpreter yes now the now it looks like their their head is up okay good thank you

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hi interpreter could you identify yourself state your name and spell for the court reporter

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good morning is the owner on

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El dueño de la propiedad se encuentra disponible.

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Okay. Interpreter first.

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Okay, so my name is Saulo Ventura, and spelled S as in Sam, A-U-L-O, V as in Victor, E-N-T-U-R-A.

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Okay, so my name is Saulo Ventura and spelled S as in C.

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Right.

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Do you swear if I'm to tell the truth, told truth, nothing but the truth?

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I do.

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The owner of the property, please.

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El dueño de la propiedad, por favor.

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It's actually the tenant who is the applicant in this case.

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I do see them on here, and they did raise their hand before.

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Okay.

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um it's like three um people under their name so we would need them to raise their their hand

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right uh the name wilder aldana or a tia

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interpreter if you could interpret um the tenant or property owner for this address can they please

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raise their hand que por favor el que esté vaya hasta hablando que por favor levante la mano para

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Hello, hello, can you hear me?

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Yes, could you state your name, please, and spell for the court reporter?

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¿Me puede dar, por favor, su nombre y deletrearlo para la corte?

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¿Nos puede escuchar, dama?

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hi hi could you state your name please and spell for the court reporter no

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Puedes dar por favor su nombre y deletrearlo para la corte.

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Ok, mi nombre es Wilder Aldana Urrutia, es W I L D E R, el apellido es A L D A N A,

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the other is u r r u t e a right so that would be wilder ardana urrutia spelled w i l d as in

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E-R-A-L-D-A-N-A-U-R-R-U-T-I-A.

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So, two last names.

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So, could you please interpret this for him?

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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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Jura y afirma decir la verdad, toda la verdad y solo la verdad?

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Sí.

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Yes.

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Okay. This application is for a sit-down restaurant and take-out restaurant on the first floor with an existing single-family household living above an existing structure. Could you do that?

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Esta aplicación es para un restaurante para sentarse y comer y poder tomar a la mano y llevar en un primer piso con una familia viviendo en el piso que va encima.

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The proposed use of a takeout restaurant requires special exception approval in the CMX 2 zoning district.

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and for a point of information we have a letter of support from the 42nd ward rco

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and a letter of non-opposition from councilmember lazada

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oh my god my internet

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correcto

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our vice chair has just a few questions

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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This is the interpreter.

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This interpreter, I wasn't able to hear the question

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from the vice chair.

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Sure.

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Do you agree to waive the reading of the refusal

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and stipulate to his ex?

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I have a problem.

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It is.

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We don't need that.

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Yeah, we don't.

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It's a special exception.

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Oh, okay.

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He's biased.

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Okay, I thought it was an attorney.

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Have you emailed all the required documents

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five days in advance to the case?

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Okay, ha enviado todos los documentos pertinentes con cinco días de antelación para poder hacer su caso.

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Sí, los mandé por correr.

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Thank you.

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Yes, thank you.

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Please proceed to the screen.

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Okay, por favor, proceda entonces a compartir su pantalla.

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Excuse me.

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Dear person, you have to give me a minute.

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I had technical difficulties.

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The computer went down.

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Okay.

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i need to get into here i got it already

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no yes yes oh one second he's opening back up

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do you allow for adisa cadillo to be able to share the information

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it's coming up okay she'll be able to share the screen but he will have to do the presentation

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we see that keep moving go through it

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keep going

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Thank you. Keep going.

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Very good. Keep going.

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Okay.

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Oh, hold it. Let's see the property.

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Okay.

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okay keep going

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proceed

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okay okay okay questions for the board excuse me um two things mr chair um one

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can we have i believe in mr dio can you please meet your device there's feedback because there's

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multiple devices and can we can we have the applicant just describe what he would like

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to do with the property?

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Entonces, dos cosas, si la persona puede apagar el micrófono porque hay dos dispositivos

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y hay eco. Entonces, segundo, si el caballero entonces nos puede describir qué es lo que

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desea hacer con la propiedad.

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and he has music he muted he's got to unmute himself

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all right just just have him explain what he's doing there

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Ok, explíquenos, ¿qué es lo que va a estar haciendo ahí?

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Lo que lo trae a este sonificar el Sony del 4741 North Front Street,

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el piso de Philadelphia, el código postal 19120,

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El adjunto encontrará la aplicación, reforzar aplicación, protección, información, forma del contrato de renta prior para la comunidad,

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Carta de apoyo de organización registrada del piso después del MIREN, al punto que propiedad no debe taxis, fotos de propiedad todavía sin remodelación,

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certificación de flyer enviada por correo planos constructivos para para poner y usar

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para bakery y restaurante para llevar y para sentarse cámaras luces y alarmas conectadas

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al departamento de policía, colección de basura comercial, horario de 6 a.m. a 7 p.m., lunes a viernes.

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So, this is for the property at the 4741 North Front Street in Philadelphia in the air code 1912-0.

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And this will have been a bakery that will be for sit down and take out.

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it will have lights alarms that will be connected to police stations

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it will have collection of garbage it will be opening from it would be opening from 6 a.m

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until 7 p.m from monday to friday

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a residence on the second floor ask him is there a residence on the second floor

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care but i have nothing to do with that okay thank you questions from the board no mr chairman

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no mr chairman questions or comments from the virtual audience chair we have slow folks with

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his hand up mr folks please unmute yourself and wait for the chair good morning mr folks

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please state your name and spell for the court reporter good morning commissioner bergman gba

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Board. My name is Sloan Fuchs, S-L-O-A-N-E-F-S-L-O-L-K-S, Office of Council Member Ketzi Lozada,

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7th District, Room 316 City Hall. Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth? I do so, sir. Thank you. Proceed.

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The applicant, having met with the coordinating RCO and receiving another support, the council

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member, offers no opposition to this

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request. Thank you.

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Is there anyone else in the virtual audience?

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Chair, I see no other hands at this time.

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Planning Commission. Thank you,

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Chair Bergman. Good morning. Ian Hegarty

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for the Philadelphia City Planning Commission.

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The

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proposed use will not cause detrimental

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impacts to the neighborhood beyond what might

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normally be expected, and so

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the City Planning Commission recommends that the board

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grant the special exception.

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Thank you. MI-2022-004-797-4741 North Front Street. I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Interpreter?

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Interpreter, could you tell him that, please?

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yes of course entonces viendo que hay los documentos bien presentados hay una carta

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de no oposición no pues igual no se presenta ninguna oposición viendo las excepciones se

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se vota así por las tres personas

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de la

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junta.

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Thank you so much.

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Interpreter, are you

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taking the next case too?

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I am not. I have only this.

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Thank you.

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So MI 2022

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004798

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3964

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North 7th

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Street.

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We need the

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interpreter and the owner applicant is Ramona Hernandez. This is the interpreter speaking I am

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on the line. Hi could you state your name please and spell for the court reporter. Stephen Aubain

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s-t-e-v-e-n-a-u-b-a-i-n. Do you swear or affirm to tell the truth the whole truth and nothing

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but the truth? I do. Ramona Hernandez please. Ramona Hernandez for favor.

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Ms. Hernandez, if you're in the virtual audience, please raise your hand.

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Señora Hernández, si está en la audiencia virtual, por favor, levante la mano.

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chair we have someone with their hand up but it's the person they have the same name from the last

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case wilder aldano this is hillary i i think um miss hernandez and um the applicant from the

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prior case we're in the same location um with miss cadillo yeah all right bring her up please

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miss jernandez please unmute yourself we'll wait for the chair

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Hello? Hi, Ms. Hernandez, could you state your name, please, and spell for the court reporter?

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My name is Ramona Hernandez, R-A-M-O-N-A, my name is R-A-M-O-N-A, my name is Ramona Hernandez, R-A-M-O-N-A, H-E-R-N-A-N-D-E-Z.

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

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the interpreter will repeat

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Usted jura o afirma de decir la verdad, toda la verdad, y nada más que la verdad?

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Sí.

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