civus
Hearing video

ZBA Hearing - February 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 10, 20218h 33m

follow-up with the rco and the council person's position thank you all for attending

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calendar number 2456 3731 jasper street the attorney is rich demarco

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mr demarco you've been promoted to panelists

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mr demarco name and address please uh good uh good uh evening everybody richard demarco

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uh still under oath from i'm a little punchy i'll punch you myself i'm still under oath i

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was sworn 2005 market street 16th floor philadelphia pa uh 19103 almost forgot my zip code

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do you agree to wave and step yes and have you emailed the exhibit packet with all the required

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documents i did okay you may proceed proceed and we have a this can be short we have an rco uh full

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and we have a this can be short we have an rco uh full actually unanimous support the client is

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actually unanimous

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Thank you.

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welterweight champion danny garcia right um i hope he's still on he did text me a little while ago

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anyway this is one of his um developments to get back to the community the rco i love the project

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let me uh i'll briefly share screen uh so we can show you uh do you see my drawing

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rich you could you're fading you're in and out sorry and you also have a letter of support

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a non-opposition from councilman school can you see my screen hardly can't see it's very light

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really yep sorry about that i don't know why that is

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try something maybe you're more than 50 yards away

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uh you do see the screen the screen sharing is working though yes but it's um it's washed out

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it's hard to see it's it's different let's put it that way oh i'm so sorry i don't know what

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the problem is all right um why don't you walk us through it i can do it really quick the only

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housekeeping item though is uh if you can see maybe i'll ask my architect to show it

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But if you can see, can you see my courser over, this is going to be a subdivided lot.

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See my courser over the lot, the current structure.

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Anyway, I'm requesting a proviso because you heard the other portion of this property.

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We're subdividing lots, lots.

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You heard the earlier case, which was the DSG compound, which is a barbershop, a carwash, a clothing store, and Danny's a private gym.

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We voted a couple years ago to legalize it.

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So I'm going to ask for, and what happened was due to some sort of mailing snafu, we never got the notice of decision.

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We were unable to pull a permit, and there was a violation issue.

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At the RCO meeting, the RCO did say, they asked why we got a violation.

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They approved it two years ago.

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They're in full support of both this multifamily, this new multifamily project, and they want

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us to be able to get the permit for the other case.

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So, and I've been talking with Sharon about this.

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The proviso that I'm going to ask for is to ask you to vote yes on the use variance for

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the new 15-unit residential project and also with proviso to legalize uses on parcel B pursuant to

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ZBA calendar number 35013. I think would work and obviously I'll defer to Sharon. Let me just show

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you the I hope you can see the rendering. That's what Sharon suggested earlier. Okay. I wouldn't

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this is sharon i wouldn't use the word legalized perhaps just say with uses as previously approved

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by board at calendar number 35013 uses as approved is perfect maybe this picture you can see better

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this is the new multi-family apartment use mr demarco we can't see we can't see anything we

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still have it on the atlas screen oh richard richard unless you really think it's necessary

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for your record. I don't. I don't. I don't. Okay. It's coming up now. All right. But let me go

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back. We got letters from Harrogate Civic in support. Councilman Squill in non-opposition,

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as long as above measures mentioned by the RCO are agreed upon, whatever that is.

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uh so if we vote to approve this sharon do i call that a proviso with all the all uses as

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approved or is that separate statement it's a proviso proviso with uses as previously approved

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by board by zba at calendar 35013 okay so that mr demarco do you need uh your uh client on

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what's that do i do you have anyone do you need to put on your client let me just have let me just

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let if danny garcia can be uh uh promoted so he could say hello and and uh verify my testimony

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this lot was by the way uh it was at a machine shop it's industrial use is not going to come

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back uh the neighbors love the development proposal uh so clearly there's a hardship

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the use is undevelopable as zoned. I'm going to ask Danny Garcia to just adopt my testimony.

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Mr. Garcia you can unmute yourself and speak. Wow what a building. Good evening Mr. Garcia identify

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yourself with the records by your last name and I'll swear you in. Danny Garcia D-A-N-N-Y G-A-R-C-I-A

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G-A-R-C-I-A, 550 Highland Road, Passtown, PA,

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550 Highland Road, Passtown, PA, one nine.

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1-9-4-6-4.

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We're in the firm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you. Please proceed, Richard.

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Danny, I know it's late and I did a very short presentation,

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but you adopt all my testimony as true and accurate?

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Yes.

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And the DSG compound, did I accurately describe how we went through the process

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two years ago when you had full support for those uses as well as your new 15-unit multi-family

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dwelling? Yes. Okay, that's all I have, Mr. Chairman. Thank you. Questions from the board?

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No. No. Anyone else like to testify? Please raise your hand. Can I also ask, do you see my screen

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now? Yes. Yes. Thank you. It's a beautiful building. Are they rental or for sale? I'm going

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And there's trash storage in the rear, bike parking, all sorts of...

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All right. Richard, anyone else who would like to testify, please raise your hand.

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There are no hands at this time, Chair.

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Thank you. Planning Commission.

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Ariel DiLiberto with the City Planning Commission.

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We do not find evidence of any unique physical circumstances or conditions peculiar to this property,

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nor do we believe that there's no possibility that the property can be used in strict conformity

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with the provisions of the zoning code. The proposed use conflicts with the comprehensive

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plan, which recommends this block and several adjacent blocks remain industrial due to the

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existing industrial here and to prevent residential encroachment. We recommend that the zoning board

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deny this variance. Deny? I would only just add, and I know it's late, but you can see a lot in

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picture i have up it's actually a great transition from the residential that you see here the rest of

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this block is industrial it's it's not a uh this will put uh eyes on the ground it's an open lot

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it's unused it's dark it's dangerous that's why the neighborhood has embraced this so so much

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there's no industrial that can happen there it's an open and empty and dark lot thank you thank you

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MI 2020-002456. 3731 Jasper Street. My vote is yes, and correct me if I'm wrong, Sharon,

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with the proviso, with all uses as previously approved by the ZBA, as it relates to

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number, counter number 35013. That's correct. My vote is yes with provisos.

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yes with provisos yes with provisos thank you calendar number thank you have a good night

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you too rich calendar number 1197 3961 north fairhill street

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it's a letter of non-opposition from councilwoman sanchez

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anyone here for 3961 north fair hill we have an alberto perez i just promoted to panelists

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you mr perez please identify yourself with the records by your full name

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sir you're still on mute you need to unmute please

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hello perez yes mr perez are you the owner

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the owner is here with me who are you in relationship to this application i uh i did

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the paperwork for him and i did the drawings the owner is here he needs to testify okay

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i n jack was j a q e z and you swear and affirm to tell the truth the whole truth nothing but

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the truth yes please proceed i'm sorry carol i'm sorry yes do you swear for did you just

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yes i did okay have you mail emailed the exhibit packet with the required documents

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proof of ownership tax compliance a copy of the refusal photos and plans of the property

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five days in advance of this hearing and have you met with the rco and do you have a letter

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yes okay you may proceed

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hi um it's alberto perez again uh i i will be speaking in behalf of him only because i'm more

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familiar with what is being done here no you cannot the applicant sorry okay you can you can

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advise him or but he has to test the testimony has to come from the applicant okay unless you're an

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attorney but you're not an attorney so do you have any exhibits you can share with us yes uh uh and

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do you have any exhibits you can share with us yes uh uh and it's mostly because the translation

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There's nothing because.

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his english is not as well right we understand can you share your exhibits please yes thank you

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so um chair i would like to interject a thought if the problem is translation we could continue

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the case and have a translator provided. This case has already been rescheduled. Can you see

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the screen no no now we can okay so clevin mr clevin could you describe what it is you're asking

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uh the board to approve um yeah we want to make um a commercial um place in the first floor

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so what what is on the second floor residential uh yes one how many units one yes but one unit

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a residential unit on the second floor first floor will be a commercial use yes we think

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we're gonna do a hair salon okay uh i have the picture um how is now and that's yeah yeah that's

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you can do that quickly we'd appreciate it thank you yeah that's how how was that building

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and that that's it now it's now okay okay all right um i think we got that um questions from

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the board no anyone would anyone else like to testify in this case please raise your hand

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no hands at this time chair thank you planning commission good evening ariel de liberto from

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the city planning commission this property is recommended for residential single family use

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in the comprehensive plan this property is at the corner of luzerne and fair hill streets a

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commercial use is consistent with the use and zoning of corner properties along luzerne street

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in this area. We have no opposition to the granting of the variance. Thank you. MI 2020-00-1197-3961

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North Fairhill. My vote is yes. My vote is yes. My vote is yes. Calendar number 2454-441 East

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mentor street um do we ever get exhibits i received something an email i'm not sure if it's

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from the property owner um with attachments at 541 tonight oh gosh um i because of receiving

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them so late i haven't had an opportunity to go through them and again i don't know who they were

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from. I don't know if this is the property owner. Is there anyone representing 441 East Mentor

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Street? 441 East Mentor. No hands at this time, Chair. Okay. MI 2020-002-454. 441 East. I'm sorry,

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Chair. Please forgive me for interrupting again. Oh, no. Anytime. But I do believe Luz,

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Luz, are you here for this case?

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Luz, you can open your mic and speak.

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Are you here for Mentor Street?

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Yes.

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Yes, I believe so, Chair.

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She has been texting all night.

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Okay, sorry about that.

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Thank you.

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But we just got the information an hour or so ago.

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If you don't mind, can I ask the question of her?

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um lose did you send your documents to the zoning board as well as the zoning board attorney

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chairman saletta five days ago yes when did you send your email what day

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five days ago i have no record of having received that i received something at 5 41 this afternoon

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Is your email address xxcookiegirlxx? Yes, I'm saying five days ago and I'm

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saying today because the community sent me the letter yesterday. Okay, well I'll say again

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everything document today. Okay, well call the chair. I maybe there was some kind of technical

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problem. If I could mention to Sharon I did look this up and it does appear that they neglected

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it to send it to you but it did come to the zoning board's email okay that's fine then sure

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Okay, that's fine then, I'm sure.

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all right good thank you both we'll we'll go forward

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All right, good.

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Thank you both.

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We'll go forward with the hearing.

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Luz, please spell your full name and I'll swear you in.

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Luz Murray, I know I.

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L-U-Z?

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Yes.

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M-A-R-Y?

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I-N-O-A, my last name.

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Swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Okay, Carol, I think we got an answer to most of your questions, about five days, but maybe we need to ask about a letter.

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Okay, have you emailed the exhibit packet with all the required documents, proof of ownership, tax compliance, refusal, photos and plans, and have you met with the RCO, and do you have a letter?

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Yes.

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Yes.

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Okay, thank you.

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letter from the rco is it indicating what what does the letter from the rco indicate

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what does the letter from the rco say when you ask him to ask i'm sorry about the language

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you've got a letter from the rco yes i do what was their position no no position

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No opposition.

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Who was the RCO?

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When you said the RCO, the community meeting, right?

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The RCO would be the community organization you met with.

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We got the letter and there's no opposition.

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No opposition?

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No opposition.

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No.

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And what is the name of the RCO?

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The new 42nd Ward Community, okay, organization, all right.

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What are you proposing to do?

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I don't have any exhibits here.

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do you have any exhibits you can share? Yes. Please proceed.

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I can be interpreted for both ladies right here so we can maybe he's got me

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Can you share the exhibit, please?

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Yes.

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Thank you.

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You can look in the computer.

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Did you hit share the screen at the bottom?

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And then your exhibit should be able to come up once you click on it.

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And, Chair, if I can, I would like to confirm that I do have a letter in our record for non-opposition from the community.

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Thank you.

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And it's totally your call.

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if there's a hardship with this applicant we could always do a short continuance but again

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it's the chair's call. I'll ask again thank you Tanya. Are you able to share the exhibit? Yes.

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Well, can you share it?

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Yeah, I'm waiting.

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Can I share it?

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No, I think it's compacted on the screen.

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