civus
Hearing video

ZBA Hearing - March 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 23, 20224h 14m

Vice Chair has a few questions.

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Good morning, Mr. Clinton.

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

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I do.

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It appears that you submitted all of the required documents timely.

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Is that correct?

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That is correct.

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You may proceed and you may share your screen.

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Thank you.

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Thank you.

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Is that visible enough?

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Yes.

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Okay.

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Good morning, Mr. Chairman, members of the board.

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Henry Clinton on behalf of Four Castle LLC and the principal, Rafi Balk, who is on the call.

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This concerns 2616 North 11th Street. This is my presentation package, which contains a table of

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contents and exhibits AA to A11, which I ask to be admitted into the record. This is my appearance

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statement, and this is the refusal of the key document that we're discussing today. So my

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client's proposal is for three dwelling units in this to be constructed on this vacant lot. And as

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you can see from the aerial photographs, which I will show you, it is consistent with five or six

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other three unit apartment buildings on the same block on the same side of the street. We have no

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refusals for height, open space, or rear yard. And because we are in the north central Philadelphia

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overlay district the requirement is 425 square feet per unit and you can see what is required

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and we have 1,120 which is just a little bit more than 10 percent off of the requirement

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we do have an RCO letter of support as was mentioned at the outset

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from the 37th ward and I just note that it is a unanimous letter of support

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these are the photographs this is the west side of north 11th street there are five three family

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dwellings right here and our vacant lot is to the south of the five existing three unit

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apartment buildings across the street is a school

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this is a ground level view looking north indicating the five triplexes in play and

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this is our vacant lot to the left. Again, just another photograph for perspective. This is a

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school across the street. Again, this is the vacant lot on the west side of the street.

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These are our plans that I can walk through for the board.

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First floor and basement is one unit. Second floor is another unit. Third floor is the third

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unit. Each unit has an area for trash in the kitchen, a separate closet. You can see the trash

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here on the second floor, another trash closet on the third floor, and the third floor has open space

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on the roof, and the basement of first floor has open space in the rear yard. The rest of the

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documents are tax certification and other pro forma documents that are typically presented before the

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board in an application such as this. So in summation, we have a situation where

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it's rather unique in the sense that this block already has five, three family dwellings to the

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north of our vacant lot. It's consistent with the situation on the block. It's in harmony with the

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code. We are not altering the essential character of the neighborhood at all. We're not detrimental

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to the public welfare.

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We're not impacting light or air

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of any property on the street.

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Our use is consistent

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with the other properties on the street.

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And we're not injurious

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to any public health

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or life or safety issue on the block.

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So with that,

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I would conclude my presentation,

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ask the board if they have any questions

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and ask my client to adopt my testimony.

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But you have a client,

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do your client, please, Mr. Clinton.

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Mr. Ball, can you raise your hand

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answer you can be unmuted. Mr. Balk, please unmute yourself and wait for the chair.

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

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Mr. Balk.

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sir

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mr ball can you state your name for the record please

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He is on the call.

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he is on the call he just texted me

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He just texted me.

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Mr. Clinton, you're...

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Hello, sir?

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Mr. Clinton, you're an officer of the court.

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Your testimony's fine.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have someone with the telephone number ending in 1657.

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Telephone caller, please unmute yourself and wait for the chair.

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

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Yes, hi. Good morning, Mr. Chairman. This is Rosalind Bulk.

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I couldn't get through to the Zoom. I'm the owner from the 2660.

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Mr. Bulk, we already have the testimony. We're fine, and thank you for calling in.

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any other comments or questions from the virtual audience

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there are no other hands at this time chair planning commission thank you chair bergman

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for the philadelphia city planning commission members of the board we believe the proposed

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variance is minimal and does not conflict with the purpose and spirit of the zoning code

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city planning commission recommends that the board grant the variance thank you

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MI-2021-004670-2616 North 11th Street. I vote yes.

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Harold Tineri, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Mr. Clinton.

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Thank you, Mr. Chairman and members of the board. Have a great day.

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MI-2021-004-695-2825 Nestling Road.

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Pro se owners on deed, James and Audrey Steele.

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RCO, Normandy Civic Association, letter of support.

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Chair, Mr. Steele is coming back in as a panelist now.

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Thank you.

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Good morning, Mr. Steele. Could you state your name and spell it for our court reporter?

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James Steele. J-A-M-E-S-S-T-E-E-L.

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Turn your mic down.

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All right, turn your mic. Thank you.

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Sir, you have on too many devices.

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All 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 i do our vice chair has a few questions for you yes do you agree to wave the reading

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of the refusal and stipulate no strike that um have you emailed the exhibit packet with

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the required documents consisting of proof of ownership tax compliance a copy of the refusal

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

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rco and do you have a letter yes i have you may proceed um i don't have the things ready on the

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computer because i thought like everything that i sent in was good we're we're not very good on

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the computer and things i have all the documents here with me okay so so mr steel this is what

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we're going to do we're going to continue the case and what you can do is you can talk to the

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staff sometimes in the next few weeks or so and figure out how we're going to go about doing this

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but we need it up on the screen and if you don't have it done now what we're going to do is continue

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it and then find a way to have you be able to do that is that okay okay all right but we do have

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we have everything here we just have to find a way that you can present

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okay okay uh hold on can you hold on one minute sure i can yeah my brother-in-law's on and he

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says that he can put it up on the screen is that possible um and will you be able to see it

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um put it up on the screen will you be able to say it

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i'm not sure tanya your suggestions um if they can go forward with him

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presenting and um the other talking through it it's all good for me that's fine then let's let's

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let otherwise if that doesn't work we i can um give him a short continuance okay let's try to

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have your brother-in-law come in and put it up on the screen okay

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Okay.

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Okay.

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He's going to have to raise his hand, right?

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Is your brother-in-law with you, Mr. Steele?

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No, he's at work right now.

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Okay.

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He's going to have to call in.

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um but is he already on the zoom i believe so and his name is

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todd bianowitz okay staff can we promote todd only for the purpose of sharing his screen

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i don't see anyone with that name i should know he's he's here i should

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i see it there he is okay yeah he's already there

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our top would you put it up on your screen please yes

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Todd, are you putting it up?

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Yes, I am trying to work on that.

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First, would you like to see the application for appeal first?

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That's fine.

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Yep, that's okay.

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All right, Todd, you can't testify.

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Todd, you can't testify.

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Mr. Steele, you can testify.

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Tell us what you did, you applied, and tell us what you're going to do.

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Well, the issue that I had was the setback.

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It's 14 and a half inches over the 25-foot setback from the street.

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Okay.

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All right.

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Show us the rest of the materials, and then we'll move on.

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Do you have any photos?

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Yes.

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Todd if you can put a few put the photos up there they are that's one from the front

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here's a side view

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okay who's talking todd let's see todd yes this is todd i'm sorry you can't you can't talk that

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okay thank you any other photos todd

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i have one more okay all right

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all right all right okay so mr steel yes you're 14 inches difference right the setback yes and

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and you went to the rco yes and the rco gave you a letter of support yes they have all right

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questions from the board no mr chairman no mr chairman no mr chairman no mr chairman

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questions or comments from the virtual audience

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i see no hands at this time chair planning commission thank you chair bergman ian hegarty

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for the philadelphia city planning commission members of the board this proposed dimensional

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variance is minimal and it does not conflict with the purpose and spirit of the zoning code

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city planning commission recommends that the board grant the variance mi 2021 004695

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2825 nestling road i vote yes carol tenary my vote is yes thomas halliman my vote is yes

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james snell my vote is yes ishmael shaheed my vote is yes

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Yes. Mr. Steele, thank you. You have all votes of yes and you're approved. Okay.

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Thank you, Mr. Steele. Okay. MI 2021-002538-3549 Sunnyside Avenue. RCO, East Falls Community

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Council, letter of support, George Gringas and Elizabeth Leffer, pro se owners per the deed.

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and elizabeth leffer pro se owners per the deed

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george

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elizabeth

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hello can you see us it comes up his name mark hansen mark mark hansen is our architect

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okay what record who did our application for us george george what we want george you're going to

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be the one he can't the architect cannot testify so you're going to have to testify yes that would

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we were so do me a favor state your name spelled for the court reporter my name is george gregonis

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That's G-E-O-R-G-E-G-R-I-G-O-N-I-S.

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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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I do.

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Several questions from our vice chair.

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Good morning.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax clearance,

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a copy of the refusal photos and plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter yes to all those uh except for the tax

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clearance except for the tax clearance which we just emailed over on monday i actually had to go

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down to city hall and get get our certificate issued then they are heavily backed up down

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there at the tax clearance unit right now. But you did get a copy of it. Yes, I did. Our tax

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clearance is fine. Thank you. You may proceed and share your screen. Thank you. Thank you.

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I would like to, Mark Hansen, our architect of record, has the entire packet for photos and

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the relevant documentation that was emailed off to you the other day i just like the last uh

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applicant i'm very unsavvy when it comes to this zoom platform so i would like to am i allowed to

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invite our architect in to share that information just like the last applicant did he can share

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yeah he can share the screen he can testify yes okay can we invite mark

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yes to do so he can share it yeah he can share his screen okay mark are you there

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mr hanson you can you share your screen

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if you're there raise your hand please he's available and sir if you would like you can

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start sharing your screen

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mark are you there

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Mr. Hanson could you start sharing the screen please

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Mr. Hanson

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