civus
Hearing video

ZBA Hearing - July 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 17, 20247h 49m

Here we go.

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Chair, we have 43 attendees, and we can start as you wish.

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Thank you.

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Good morning, everyone.

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Sorry, I believe the recording hasn't started yet, or has it?

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It has.

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Oh, it has.

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Sorry, thank you.

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I didn't I didn't hear the the prompt. It took a couple of tries. The Internet's running really sluggish over here.

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OK. All right. So we're good. Thank you. Good morning, everyone.

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My name is Bill Bergman and I will be chairing this morning's meetings with me.

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Is our vice chair, Ismael Shahid. Present, Mr. Chairman.

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Our board member, Cheryl L. Gaston. Present, Mr. Chairman.

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Our board member, Tanada Graham.

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Present, Mr. Chairman.

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Our board member, Michael Johns.

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Present.

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And our board member, Taya Nguyen.

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Present, Mr. Chairman.

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Here's our virtual format.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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

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For a court stenographer, we ask witnesses and attorneys to identify themselves before testifying.

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If you're participating by phone, 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 address 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 comments or testimony.

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All comments should be directed to Kathleen Grady.

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Here's our schedule for today.

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Number four, MI 2023-001-512, 1307 East Moymencing Avenue.

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John Griffin is the attorney.

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We have a request for contingence.

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Mr. Griffin, please.

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see mr griffin in the audience good morning chair this is jasmine wexler i will be your

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co-host today i do not see mr griffin in the audience at this time

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excuse me mr chair he he's there under um jake griffin so i do i do see him listed there you

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okay he has been allowed to speak good morning mr griffin could you please state your name

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and spell for the courts and arms sure john griffin uh g-r-i-f-f-i-n good morning chairman

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bergman and the other board members i had sent a request i know hold on mr griffin hold on one

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

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i do sir so mr griffin we know you have a request and this is the third listing we'd

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like to know where we stand with this? I have a meeting set up with the RCO through their

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community director that is scheduled for September the 9th of 2024. Okay. I'm going to continue this,

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but this is going to be marked must be heard. Okay. Absolutely, sir. Thank you. So MI 2023-001-512-1307

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East Boyd Menacing Avenue. This case is continued. Mark must be heard. Number five.

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MI 2023-004-794-4701 Takawana Avenue. This case is continued. Attorney moving party.

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Number eight, MI 2023-005-586-1206 Annan Street. Cases continued.

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Number 10, MI 2023-005-621-254 South 54th Street. Cases continued.

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Number 14, MI 2023-007.

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MI 2023-007-092-789 South 2nd Street.

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Case is continued.

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And number 18.

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MI 2024-001-174-1819 North Natrona Street.

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Case has been continued.

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Are there any other requests for continuance?

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Chair, I have the hand up by Vern Anastasio. He has been allowed to speak.

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Good morning, Mr. Anastasio.

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Good morning, Mr. Chair.

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

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Yes, sir. Vern Anastasio, V-E-R-N-A-N-A-S-T-A-S-I-O, on behalf of Liz Cuevas.

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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, sir.

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What's the location then?

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42450, as in Oscar Street.

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That's number 17 on the list, Mr. Chair.

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All right.

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Just for a point of information, we're going to continue this, but there has been no exhibits submitted for that case, okay?

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That's correct.

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Yeah, we're just waiting on an RCO meeting.

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Thank you, sir.

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Thank you.

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So MI 2024-001-037-4245-O Street, cases continued.

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Any other requests for continuance?

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I don't see any hints at this time, Chair.

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Thank you.

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So we have several cases here with no exhibits.

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Number three, MI 2023 001 445 611 Distant Street. Darlene Treat is the attorney. No exhibits. Third listing.

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I do not see Darlene Treat in the audience at this time.

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Okay. All right. So, number three, MI 2023, 001-445-611 Distance Street. This case is continued. Mark must be heard.

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number 12

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mi2023005673 6530 tarsdale avenue george borsky is the listed owner this is the second listing

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sorry i do not see anyone in the audience with that name at this time

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So this is the second listing. The case had been continued once before. So MI 2023-005-673-6530, Tarsdale Avenue, I vote to dismiss.

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my vote is uh to dismiss my vote is to dismiss my johns my vote is to dismiss

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i am when my vote is to dismiss ishmael shaheed my vote is to dismiss thank you number number 13

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MI 2023-005-685-1335 McKinley Street.

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Richard DeMarco is the attorney.

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I do not see Richard DeMarco in the audience at this time, Chair.

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How about Kajid Green?

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Khadijah Green.

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No, Chair.

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I do not see their name either.

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Okay. All right. So, MI 2023, 005-685-1335 McKinley Street. This case is continued, Mark, must be heard. And number 17.

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We have that already.

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And then number two, MI 2023, 001-368-1623, North 33rd Street.

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This case has been withdrawn.

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We're going to go to our add-on cases.

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Number one, MI 2024-000-148-8430 Busselton Avenue.

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The vote in this matter has been moved to the start of the 2 p.m. list today.

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Number two, MI 2023-004-943-21.

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MI-2023-004-943-2104 North Franklin Street.

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Hold on a minute here.

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I vote yes with proviso.

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No commercial on first four, three dwelling units approved.

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Ishmael Shaheed my vote is yes with Proviso

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Michael Johns my vote is yes with Proviso

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Cheryl Gaston

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Cheryl Gaston my vote is yes with Proviso

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Tannetta Graham my vote is yes with Proviso

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Iowyn my vote is yes with Proviso

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Number 3 MI 2024

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003-409-401

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Martin Street

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This appeal is granted on the basis of vested rights only. Zoning permit ZP 2023-005-450 is hereby reinstated.

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This is Cheryl Gaston. My vote is yes.

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my vote is yes um so there is a proviso with this one uh yes with proviso thank you

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michael johns my vote is yes with proviso

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tennetta graham my vote is yes with proviso i win my vote is yes with proviso

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thank you going to our regular list we're going to start with number seven

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MI 2023-004-870, 5702 to 04 Chu Avenue. Giuseppe and Adam Marino are the owners.

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This is a pro se.

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Mr. Chair, just to update our records, we did receive a letter of unanimous support from Faith CDC.

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Thank you very much.

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I don't see anyone in the audience with that name, Chair.

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Giuseppe Marino or Adam Marino?

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Still no hands?

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No hands at this time, Chair.

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All right.

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So, number seven, MI2023004.

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Excuse us, Chair.

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So my body name of Tia Clark raised their name, and they have been allowed to speak.

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Hi, my name is Tia Clark.

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Could you spell that name?

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Could you spell that for the court stenographer, please?

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Sure.

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Tia, T-I-A, last name Clark, C-L-A-R-K.

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

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Yes. Are you involved in this case at 5702 to 04 Chu Avenue?

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Well, our address is actually 5712 Chu Avenue.

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I say you're going to be a witness in the case.

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Well, we're we're tenants.

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So I so I here here's the we need to talk to one of the Marinos.

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You need to talk to one of the Marinos.

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All right, let me, I'm going to call them and tell them to get on the line.

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Is that okay?

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Yeah, but I'll tell you what.

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Yeah.

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Tell him that he has a case today.

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I'm going to get back to him in 10 minutes, okay?

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Okay.

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He's older, so.

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Okay, thank you.

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Okay.

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Number 11.

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MI-2023-005-623-3031-St. Vincent Street.

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Mr. Lin, L-I-N, is the tenant.

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Chair, I don't see anyone in the audience with that name, but I do have a hand up by the name of Zin Jin.

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They have been allowed to speak.

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Okay.

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Good morning, Chair.

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good morning could you state your name please oh yes are you are you center are you representing

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this this person yes all right thank you so um state your name is spelled for the court's not

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State your name and spell for the court stenographer, please.

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please one second

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One second.

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I think I just got an invite to join as panelist.

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Okay.

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Thank you.

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Good morning.

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Good morning.

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For the record, just state your name and spell for the stenographer.

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Yes, my name is Zen Jin, Z-H-E-N, last name J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the applicant.

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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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Okay.

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Could you identify your client, their relationship to the property?

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Yes, my client is Ms. Lynn.

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She's actually the tenant at the property.

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She has a lease agreement with the owner of the property for the use that is being proposed before the board.

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Our vice chair has several questions.

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Excuse me, Mr. Chair.

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Before we proceed, Mr. Jent, we did not receive proof that an RCO meeting occurred,

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either the RCO letter or proof of a notice from the notice went out from the applicant about a

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meeting. We also don't have a proof of posting. So I don't know if you have those items, but they

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were not provided by the applicant. I have the proof of posting. I know that there was two

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meetings with the RCO, and they should have issued a letter.

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I believe the position was in opposition.

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I'm not sure why that's not the case.

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I'm going to share with the board the posting, at least at this point, and maybe my client

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may have access to the proof of mailing.

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All right.

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Thank you.

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And I would also go back to the vice chair for his question.

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Good morning, Counselor.

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Do you agree to wait another refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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I believe they were submitted, but obviously no letter was received from Mayfair Civic, the RCO for the property.

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Understood. We can hear the case, but we may have to hold it with the letter.

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