civus
Hearing video

ZBA Hearing - October 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20206h 33m

Take care, everyone. All righty, see you next time. Thank you.

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And we're live. If we could wait one second. Yeah, I'm going to wait for you. I just want to announce that. Yes, thanks.

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Thank you.

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okay chair ready when you are thank you good afternoon everyone my name is frank

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de chico i'm the chair of the zoning board of adjustment i'll be participating today's

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in today's hearings along with our board secretary mr confessa plaza and board members

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Mr. Thomas Holloman and Mr. James Snell. Board Administrator Tanya Sunkett and Board Attorney

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Sharon Saleta are also in attendance. For those of you who haven't yet participated in one of our

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virtual hearings, I'll go through some of the basics of what you can expect. First, we will be

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administering oaths to individual participants prior to their testimony. Second, for the benefit

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of anyone participating by phone, we ask that attorneys and witnesses identify themselves

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prior to speaking or testifying. Third, we'd like to advise everyone that this proceeding

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is being recorded and that by participating you acknowledge your agreement to be recorded.

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Fourth, anyone participating by phone, if you wish to testify you must raise your hand by hitting

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star nine and then star six to unmute yourself. I'll repeat. For anyone participating by phone,

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if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute

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yourself. Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email

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address and the address of the property at issue i'll repeat that to enter an appearance statement

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call google 267-270-5548 and leave your email address and the address of the property at issue

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with that being said we can begin but before we mr plaza calls our first case

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i'm going to read a list of continuances and if anyone has a request for a continuance or

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withdrawal please raise your hand and if you are in disagreement with a any of the continuance or

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withdrawals that i list please raise your hand as well all right i gotta get my list

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just bear with me folks

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I don't have the list.

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i apologize i'm having a little problem getting pulling my list up

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um confessor could you do uh read off uh number two on our list that the mi number and the calendar

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number and the uh information that the address yep castor avenue

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information that the address yep castor avenue i i don't know i'm having all right mi 2020 dash

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you

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000 369 60 53 dash 55 castor avenue so sharon help me is that being withdrawn or is that a

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continue no this is um councilman sanchez has requested a continuance she said there was no

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RCO meetings I also haven't um received exhibits but if we could check to see if anyone representing

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the appellant is present sure if anyone is out there regarding this case uh and has a question

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concerning concerning the continuance please raise your hand

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no hand

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hands okay um that case is being continued uh

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councilwoman got the age requesting that number five on our list not be continued

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no no i'm sorry um this is number five on the list we have a request from the attorney

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rachel pritzker that it be continued and councilwoman got the a contacted us to say that

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she expected it to be continued okay sorry because i thought i saw where it said no continuance

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all right so uh again confession could you please read that

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mi 2020-001301 317 north 41st street

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here we have rachel pritzker here rachel please identify yourself name and address for the record

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Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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Please proceed.

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Do you swear to the firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you.

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Please proceed.

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So we're just requesting a continuance in order to revise the plans and just want to have a little more time to present the revised plans to the RCO,

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and then we'll be back whenever is the next available. Thank you. The case is being

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continued unless there's an objection. If there's an objection please raise your hand.

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No hand. Thank you.

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is there any other

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number six on the list

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the attorney for the

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appellant Henry Clinton is requesting

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the continuance

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so again

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number six

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MI 2020-001

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262-321

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East Worcester Street

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that case is being

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continued

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that's Henry Clinton

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Okay, that's it for the continuances.

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Okay, are there any other hands up for continuances or withdrawals?

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Christopher?

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Hello, yes.

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You have been unmuted.

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Please wait to be sworn in.

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Good afternoon.

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Please identify yourself with a record name and address.

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Spell your first and last name.

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Yes, my name is Christopher Nyanpen.

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First name is spelled C-H-R-I-S-T-O-P-H-E-R.

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And I'm calling in regarding address 3522 Arthur Street.

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I'm sorry?

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And that chaired us the epilogue against Eleni.

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What is it that you're calling in for?

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so i'm i'm calling in um and because uh this is a property that i i recently purchased um

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as a matter of fact i wasn't getting these notifications that there was appeal

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against this duplex um the uh are you asking for a continuance though no no no continuance i

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okay we're not hearing the case just yet oh that'll be our that'll be the first case on our

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our schedule i apologize no problem just hang in there thank you

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any other requests

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here we have natalie natalie you're going to mute yourself and wait to be sworn in

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natalie good afternoon uh please identify yourself with a record name and address spell

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your first and last name sure it's natalia it's n-a-t-a-l-i-a last name seriko s-e-r-e-j-k-o

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last name Sereko, S-E-R-E-J-K-O. I'm with East Mount Airy neighbors, 7301 Germantown Avenue,

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i'm with east mount air unique

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Philadelphia, Pennsylvania, 19119. And I am... Just hold on one minute. Do you swear and affirm

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to tell the truth, the whole truth, and nothing but the truth? Yes. Thank you. Please proceed.

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so i um wanted to ask for continuance for 109 uh pleasant uh because the zba website um did not have

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the two o'clock session as one of the sessions that you could register for so a lot of the

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near neighbors were confused about how they should register for this session so they didn't end up

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that's number 13 mr chair number 13 i finally got my excuse me chair the attorney on this case is

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rachel pritzker okay all right uh just hang in there ma'am rachel are you out there yes

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uh you heard the request for continuance so we did mailers to all the neighbors and we had a

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meeting and they were provided the information i had no trouble logging on i don't know that

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anyone else had trouble logging on or there was information about registering for anything. So

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it would not be my preference to continue this.

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The problem is that there's usually the two sessions that you can register for the 9 30 or

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the 2 p.m. and the 2 p.m. still is not available on the website for anyone to register for.

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Actually, excuse me, this is Sharon Saleta. My understanding is that it always reads that way

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that if you if you sign on for the 9 30 that works yeah it's the same thing every week

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and i had no problem registering i've you know i've never had an issue with it so

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well in this day and age we're all finding some some issues with the tech the technology

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uh what ma'am miss uh surgico i'm not pronouncing that right i apologize

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we can either we can we can actually have the hearing and hold uh and and hold off until we get

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uh any feedback from the rco we are the rco i know i know but we want to they've provided

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feedback in a letter so we've already had that meeting and everything you got met with rco and

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have a letter yes sir oh you have it okay yes i think what natalie is stating is that there's not

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people to like i guess some people didn't aren't here to speak to it i guess but we do have a

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letter from the rco and we did meet with them but opposition or support opposition

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and chair if i could just clarify sure only issue would be that the technology as far as being able

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to register accessing zoom how however anyone who wishes can still log on to access the zoom

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meeting and then when you read into record the google phone number we will take appearance

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statement at that number should they have a problem registering as an appearance on the

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zoom login if that helps okay all right we will go ahead we'll go forward with the hearing all

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right thank you any other requests or concerns about continuance that have been read into the

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record? I have no hands. Thank you. So, confessor, we're going to do the appeal against L&I first.

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Okay. MI 2020-0007513522 Arthur Street.

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and on this one leonard reuter is appearing for the city um i believe the appellant is

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appearing pro se and if i'm not mistaken i think mr bertill is also participating

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representing the property owner

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no i'm i'm the property owner christopher i'm here okay okay who is the appellant here

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um hi this is a um leonard reuter for the law department yes i was informed uh earlier uh

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this afternoon that mr bertill will not be appearing today that the uh he represents the

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property owner um and uh he will not he will not be here today uh they're no longer retained by

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the property owner

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The property owner, I believe the appellant is Mr. Dlugos.

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I believe

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Yes.

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So, Sharon, we can still go forward this, can't we?

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Oh, yeah.

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Yes, you can go forward.

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All right.

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Okay.

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I would ask Mr. Dlugos to clarify exactly who the appellant is.

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Is it you as an individual or is it the other person?

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No, I'm representing the Homesburg Civic Association.

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hold on one second everybody mr david please identify yourself name yes name and address

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yes david delugos spelled d-l-u-g-o-s-z 3526 solly avenue

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

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yes you said you were about to say that you're representing the holmesburg civic association

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which you cannot do the holmesburg civic association if they are the appellant will

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need an attorney if you're appearing as if you are as an individual the appellant you can go

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forward but it would be limited to your concerns not the rcos and we would need um your home

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address well we we we went through through the email about the whole attorney thing and that

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was resolved you know like this thing's been going on since december november december how

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was it resolved it was resolved that we didn't need an attorney we did not need an attorney

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previously, you know, I'm more than well versed to do it. I mean, I, I mean, I spoke with me and

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I told you that you needed an attorney. Okay. So David, I muted you. Um, and now you can go

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forward and respond. Okay. I mean, if I need to go forward as an individual for the sake of

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whatever, I can go, I mean, I don't want to go back and re open that can of worms.

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if you go if you are representing yourself we need your address and how and what proximity

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is your address to the application of 35 22 arthur street that's fine again i'm at 35 26

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sally avenue and they're the next block down there's a they're parallel block so i'm here

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and they're right there all right um i sharon i i it sounds like he's he can go forward as

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an individual as long as it's clear on the record that the rco is not the appellant okay

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all right leonard

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hi sorry um well again it is yeah i don't know if we swore you when you had no you didn't

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please identify yourself name and address name and right uh leonard that's l-e-o-n-a-r-d

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middle initial f last name is r-e-u-t-e-r uh senior attorney with the city of philadelphia

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1515 arch street 15th floor we're going to tell the truth the whole truth nothing but the truth

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yes thank you please proceed uh well again this is an appeal against l and i so i believe that

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would be the appellant's burden to go forward uh but i do want to note for the record that

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the appeal itself was filed by uh mr delugos uh and again sorry if i'm mispronouncing your name

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sir so uh we don't i don't have an objection to him proceeding on his own but again we would

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object to any representations of what the rco thinks but uh we can go forward you understand

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that sir can't hear you uh so you want me to proceed i said did you understand with miss

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what mr reuter said that you must be representing yourself no representation to the rco

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i i understand obviously i have the knowledge in my head but i will not

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you know okay you know i'm just fine yeah all right thank you so please proceed okay so

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again uh we received notification of this permit issuance before the eclipse system where we would

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get notification on a daily basis of all of the permits issued in our you know you know issued

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in the area and we came across this permit being issued and we're confused. This area was remapped

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about two years ago. I had conversations with PCPC like yesterday or the day before. I'm not sure if

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the people from PCPC are here for that. I mean, I see other people from PCPC here.

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and this this block was remapped to be RSA. So the issue at hand is that they issued a

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L&I issued a permit by right for a multifamily use in an RSA zone and the explanation we got

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And the explanation we got from L&I, and I will share my screen to show the email I got from L&I, or from actually that Bobby Heenan's office got, they got from L&I, was that they accepted an affidavit from the previous owner for past use as an acceptance for not needing to get a variance.

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from L&I and I will share my screen to show the email I got.

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Now, you know, I just want to speak to Mr. Nyapan about, you know, this is an appeal against L&I. It's not an appeal against you as the property owner. We understand that you bought the property after this permit was issued.

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um you know so this is not a matter of if we are for or against a duplex at this address we are

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just appealing the fact that l and i issued a permit by right in the first place um that being

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said that the history you know i think it'd be best to lay out the history of what happened at

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this address you know starting from the beginning is that um the previous owner bought the house

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from sheriff's sale in, I believe it was February of 2019.

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I have, I mean, I have, you know, the document,

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the supporting stuff from the records department

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if it needs to be shared.

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It was actually, the deed was recorded in March of 2019

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from the sheriff's sale.

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He proceeded to apply for the permit

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for the multifamily use

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at which point

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