civus
Hearing video

ZBA Hearing - November 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 1, 20234h 52m

Okay. Thank you. I would just want to incorporate our letter by reference. I think it reflects

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accurately our position and concerns with the application. And a lot of what's already been

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said today, we would echo. I think a lot of it is also reflected in our letter. In an effort to not

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be duplicative, I just wanted to put a few things on the record. I didn't see what the text of the

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support letters say. I didn't have a chance to see them on the screen, but it's not clear to me that

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they reflect some of the concerns that were voiced by neighbors and certainly not the concerns that

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were raised in a public forum, which is what the RCO process is designed to facilitate.

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I would also disagree that the various efforts mentioned to prevent provincial nuisances are actually prevention.

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I think there are more reactions or reactionary to address nuisances as they arise.

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I think parties are only one of the issues that was mentioned in our letter and mentioned at the meeting.

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There are also concerns with the residential character of the neighborhood being changed by what is effectively a hotel.

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um and the other thing i wanted to note um was the mention of a proviso um any proviso wouldn't

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actually cure any of the issues that have been raised by the neighbors um so with that i appreciate

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everybody's time thank you thank you very much um mr sokloff do you have any follow-up

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none of this time sure thank you okay thank you anyone else in the virtual audience

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there are no more hands here okay planning commission thank you chair bergman and board

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members good morning david vecto with the city planning commission the comprehensive plan

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recommends no change to the residential single family zoning at this location there is no unique

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physical condition or circumstance of this property that would prevent it from being used in conformance

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with the zoning code the city planning commission recommends the board deny the proposed use

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variance for visitor accommodations thank you mi 2023 002 192 112 elsewhere street i vote no

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thomas holliman my vote is no ishmael shahim i vote is no thank you counsel

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is there anyone in the virtual audience who has a case that has not been called yet on the 9 30 list

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I see no hands. Oh, I'm sorry, Chair. A hand went up, Belinda Doughty.

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Okay.

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I will allow you to speak.

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Excuse me, Mr. Chair, we already spoke with Ms. Doughty.

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Ms. Doughty, please contact the office for more information. The information was provided to you in the chat.

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Okay. Is there anyone else in the virtual audience whose case is not?

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No more hands, Chair.

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Thanks, everyone. I appreciate it. See everyone at 2 p.m.

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All right, Chair. Thanks, everyone.

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Be safe, Ish.

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Perfect. Thank you.

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Bettina, I'm going to start right in, okay?

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That's fine, Chair. We have 41 attendees.

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All right. Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearing.

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With me is Thomas Holliman, our board member.

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Present, Mr. Chairman.

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James Snell, our board member.

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Present, Mr. Chairman.

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LeBaron Leonard Palmer, who is from Development Services, serving as our alternate board member.

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Present, Mr. Chairman.

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Our attorney, Hillary Emerson.

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And our executive director, Tanya Sunket.

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Here's our virtual format.

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Be advised, the proceedings are being recorded.

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The video will be available by contacting TanyaSunkett at phil.gov.

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Benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comment or testimony.

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And finally, the question and answer box on the screen is not for comment or testimony, and any comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at our schedule for this afternoon.

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number one mi 2021 004 541 251 rift district is mr orphanetes in the in the in the audience

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mr orphanetes if you're here please raise your virtual hand

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chair they have been unmuted and allowed to speak okay thank you

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can you hear me mr chairman good afternoon mr orphanetes could you state your name for the

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record and spell for the court reporter certainly david orphanetes o-r-p-h-a-n-i-d-e-s

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i understand for 251 ripka street you're requesting a continuance could you

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please give us some information on that sure um we uh this project uh is a uh calls for the

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subdivision of an existing lot into two lots and to construct a single family dwelling on each of

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the lots um the property is located on ripka street as you can surmise from the address 251 ripka

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uh oddly well as you know the prop this one as you may not know this property is in the

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maniunk area as you do know everybody knows very hilly right so ripka street um where this

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particular property is located it's it's extremely hilly we have a refusal for steep slopes um and

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the rip portion of ripka street that our property fronts on actually dead ends uh it comes off a

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wildy street and then dead ends at the bottom of a hill then goes and our prop is you coming up

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ripka off a wildy we're at the end on the left there are five through four or five i think four

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homes single family homes each with a uh driveway and parking um to the right as you head up and

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then it is a very steep hill that's all wild undeveloped just like our property at the top

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of that there's a development project that's uh townhomes that extend uh towards hermitage street

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There's a cul-de-sac and then Ripka Street continues. The city plan shows doesn't show any of those existing conditions. The city plan shows Ripka going straight through from Wildey Street to Silverwood.

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And the reason this is relevant is that right now, because of the existing topography and because of the extent of the paving, when I say extent, how far Ripka Street is paved, our project calls for these two single family dwellings to be set back off of Ripka Street.

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It's actually a steeper grade, our property off of Ripka Street.

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That's where the steepest slopes are.

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Our houses are at the flattest portion.

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um we've i i took this project over from another attorney we had a meeting with the zoning

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committee for the coordinating rfco manny manny young neighborhood council and what one of the

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things i think they had requested when the prior attorney handled it and also requested of my

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client and i when we met with them was that that for the homes to be pulled forward so that they

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actually are right up to ripka street well the issue with that and i can show you on the plan

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is that in order to do that, if you were to do that, the house on the second lot would,

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and by the way, you know, we meet the lot size requirements, obviously the lot width requirements,

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it's a zoned RSA 5, so the use is permitted. We've made some revisions based upon moving

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where we moved the house to eliminate the height refusal, but to pull the building forward,

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essentially the the grade of the ground would cut across almost half of the most of the ground floor

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of the house on the second unit the one that's furthest up the hill furthest away from wildy

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i've spent literally six months working with the planning and the survey district and now recently

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have reached out to the streets department to find out if we can even accommodate if it were

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even like, even if we wanted to, can we even accommodate MNC's suggestion that we pull

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the buildings forward? Because what it would require is to basically excavate out part of

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Ripka Street, build a retaining wall across Ripka Street, which is presently on the city plan. It's

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not been stricken. And so we'd have to get the street stricken. We'd somehow have to get permission

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to put up a retaining wall across that.

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It's extremely complicated.

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It's three different departments.

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Survey district doesn't like necessarily

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isn't clear on the situation.

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So long story short,

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So long story short, in pursuing the option or the request or suggestion of MNC, I've

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in pursuing the option or the request or suggestion,

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been working really hard, and we just don't have a definitive answer yet as to what would

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be involved.

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Mr. Mifro-Orphadides, you have made your case.

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So MI 2021-004-541-251 Ripka Street, Cases Continued Attorney Moving Party.

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Thank you for the briefing.

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And I apologize for all these continued hearings and scheduling.

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I've been doing this a long time.

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I never imagined this would take this long to sort out.

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That's fine, Sheriff.

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Thank you for your...

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Thank you.

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Have a good day.

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See you at 3.30.

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Okay.

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All right.

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Number 11, MI 2023, 003-746-8200-22, East Roosevelt Boulevard.

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That case is continued.

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And number 12, MI-2022...

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Mr. Chair, Mr. Chair, this is Hillary.

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I'm just going back to Ripka Street.

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I believe the request in that case

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was for attorney moving party.

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Did we continue to?

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You did?

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Okay.

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All right.

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Thank you.

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I must have missed it.

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Not a problem.

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Yep.

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Thank you.

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Okay.

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And then Roosevelt has continued as well.

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Thank you.

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Okay.

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So I'll go back.

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Number 11, MI 2023-003-746-8200-22

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East Roosevelt Board.

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Cases continue.

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And number 12, MI-2022, 005-434-5953, Masher Street, that case is continued.

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Is there anyone in the virtual audience who has comments relative to the three cases that have been continued?

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Chair, we have Brett Feldman with their hand up.

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They have been unmuted and allowed to speak.

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Mr. Feldman, just for the record, could you state your name, please?

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Sure. Members of the board, I'm Mr. Chair. Good afternoon. Brett Feldman.

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Spell your name, please, for the quarter.

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B-R-E-T-T, Feldman, F-E-L-D-M-A-N.

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

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I do.

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You're number 11, right? Roosevelt Boulevard?

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Yes. The continuance matter. If I may just add, this was a situation where we

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are working with the zoning board, city planning streets on returning back to L&I for a new review

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of revised plans to accommodate a better set up drive-through for a Dunkin' Donuts. I'm just

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hoping that once we get that refusal, if there's any way to work with the board to try to get some

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type of accelerated hearing date on this um um why don't you do this why don't you call the office

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and we'll we'll we'll see what we can okay yeah because i think just so we we've done a lot of

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work we've already had meetings with the community and uh we're well along once we can get these

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revised plans hopefully uh reviewed so that'd be great thank you mr for calling we appreciate it

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is there anyone else who has anyone else requesting good continuance

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chair we have someone by the name of lee horn they have been unmuted and allowed to speak

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why could you state your name please and spell for the court reporter

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can you hear me yes i can can you state your name

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right do you swear or firm to tell the truth the whole truth nothing but the truth

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I do.

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And what case are you calling about, sir?

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I was calling for the number 11, the 8200 Roosevelt Boulevard.

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I am the representative.

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Go ahead.

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I am the zoning chairman for Ron Hurst Civic Association.

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Okay.

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I saw that you're, we have your letter.

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Okay.

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I was going to reaffirm the statements that we made in the letter and see if there was any questions from the board to us.

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we we're fine with that sir we're going to wait to continue this to see where we stand with it okay

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but we do appreciate your letter and appreciate you calling in thank you so much sir all right

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is there any other requests for continuance here we have alan knockamson they've been muted and

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allowed to speak good afternoon mr knockamson good afternoon mr chair members of the board

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Just state your name for the record and I'll swear.

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Yes, Alan Nochamson, A-L-A-N-N-O-C-H-U-M-S-O-N.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Are you talking about 605 Glenview Street?

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No, I just want to make sure, and I'm pretty sure that this was done, but I'm just being extra careful.

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2000 South Street was supposed to be heard today, but we had it administratively removed.

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was supposed to be heard today but we had it administratively removed uh moved excuse me

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moved to january 31st 2024 i just want to make sure that that is correct hillary tanya

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i see that is that is not on our list today so um it's definitely been moved i don't have the

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new date um in front of me yes but it's not okay thank you tanya

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Mr. Nockamson. No, that's fine. Did Ms. Tonkett say that it has been moved to January 31st, 2024?

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Yes, Mr. Nockamson. All right. Thank you. I just want to make sure that that. Okay. Thank you.

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All right. Thank you, sir. Thanks for calling. We'll hear you shortly.

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Number six, MI 2020. Yes. Excuse me. We have one more person with their hand up. Sure. Absolutely. Okay.

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Henry Rojas has been unmuted and allowed to speak.

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Hi, Mr. Rojas.

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

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Good afternoon.

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Yeah, H-E-N-R-Y-R-O-J-A-S.

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