civus
Hearing video

ZBA Hearing - July 9, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 9, 20256h 49m

This is the fourth listing.

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I see no hands, Sheriff.

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Okay. So, MI 2023-006-693-1503 East Luzerne Street, I vote to dismiss.

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Jones, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Sonetta Graham, my vote is to dismiss.

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Brian McAdams, my vote is to dismiss.

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Taylor Wynn, my vote is to dismiss.

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Thank you.

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Number eight, MI 2024-002-002-3612 North 15th Street.

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Michael Cho is the listed owner.

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No exhibits, third listing.

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No hands, Chair.

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No hands?

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No hands, Chair.

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Okay, so MI 2024, 002, 002, 3612 North Fish Street.

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I vote to dismiss.

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i vote to dismiss johns my vote is to dismiss

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For Johns, my vote is to dismiss.

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cheryl gaston my vote is to dismiss senetta graham my vote is to dismiss

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brian mcadams my vote is to dismiss i win my vote is to dismiss

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thank you we're going to go to our regular list

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excuse me mr chair that's right you're right you're right i'm sorry i got it for you

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Well, there may be, I believe there's another request for continuance.

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Can we ask if there are any further requests?

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Any further requests for continuance?

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Yes, Chair, we have David Orphanides.

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Good morning, Mr. Chairman.

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Good morning, Counsel.

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How are you today?

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Good.

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How are you today?

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I'm good, good.

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

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Certainly.

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My name is David Orphanides.

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My last name is spelled O-R-P-H-A-N-I-D-E-S.

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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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I do.

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Okay.

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Hold on a minute.

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You have 251 rip history, sir?

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Yes, sir.

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Could you please give us an update?

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Certainly.

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We were prepared to present today.

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I took this case over from another attorney.

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And I was under the impression that when the other attorney had handled the case, that they had had a full community group meeting with the coordinating RCO, the Manning Oak Neighborhood Council.

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And then we actually, when I took the case over, I went and met with the zoning committee.

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We did a virtual meeting with the zoning committee, which at which time their position hadn't changed.

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And so we were going to go back for another community group meeting on our own, but elected not to, given the feedback we were getting from the zoning committee.

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I just learned as I was putting everything together and looking for letters of opposition and what have you that I expected from the community group that and then following up with the prior attorney that that meeting that they had previously may not have been a full community group meeting.

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I think what I understand is that it was only also a zoning committee meeting where they got the same type of feedback.

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We made some improvements, reduced one refusal with our revision, but the zoning committee's position wasn't any different.

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So I just we just need to continue to get back with the community.

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I think it's really procedural because I kind of expect what the result is going to be.

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All right. We back in front of the zoning board again.

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Okay, so MI 2021, 004-541-251 Ripka Street. That case is continued to 114.26 at 9.30 a.m.

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Thank you.

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Thank you, counsel, for calling in. We appreciate it.

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Thanks.

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All right, we're going to go to our add-on.

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Can we still have a few hands for continuances?

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More continuances? Okay.

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Donetta Dalton.

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Sure.

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Good morning.

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Good morning.

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

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Donnett, D-A-W-N-E-T-T-E, Denton, D-E-N-T-O-N.

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Right.

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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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What location are you calling about?

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1901-03 Shelton Avenue

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Sarah, this case is listed as number 5 on our 3.30 p.m. list

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Okay, we're going to have that this afternoon, okay?

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We're not going to do it right now

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Okay, I'm so sorry

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No, you don't have to be sorry

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Just call in real quick this afternoon

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We'll give you your continuance

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We'll take care of it, okay?

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Okay, sir. I just wanted to say one thing real quick, because the drop down for the registration did not indicate any 330. It only has 930. So I was a little off.

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We'll figure that out. Thank you, ma'am.

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Thank you so much. See you later. Bye-bye.

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Sure. Next hand, please.

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Good morning.

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Good morning, Mr. Chairman. Can you hear me okay?

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I can. Could you please state your name and spell for the stenographer?

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Yes, my name is Jennifer Taylor. It is spelled J-E-N-N-I-F-E-R-T-A-Y-L-O-R.

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

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Yes, sir.

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Would you tell me what location you're talking about?

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251 Ripka Street.

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This has just continued.

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me we the the attorney for that just continued to

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I mean, we did the attorney for that just continued the case.

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I understand that, sir, but we posted a request for no continuance and for dismissal appeal with prejudice through the system prior to this hearing, because when this board met in December of 2024, they said that this case must be heard and that it was continued once after that.

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So there have been seven continuances in this case.

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yeah so so there's a new attorney he's wants to meet with the neighbors again with the rco

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because he doesn't believe it was done in the proper way before so we did give him another

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date in january um that is not a new attorney to us as the community okay well that was that was

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the comments his testimony and the case has been continued into january okay and it was mark must

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be heard um and next hand we have jonathan phillips okay

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hi good morning can i be heard good morning could you please state your name and spell for the

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sonographer jonathan phillips j-o-n-a-t-h-a-n-p-h-i-l-l-i-p-s right do you swear or affirm

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to tell the truth the whole truth and nothing but the truth yes i do um what location

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i'm also calling about 251 ripka street i had

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hello yes chair uh we're only taking continuous requests so if you're just trying to make a

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state sure i got it i got it do you have anybody else um we do have a mr john pierre and this is

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only for continuous requests i know i remember seeing his case did we already continue with

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here? No, I don't think, I don't, I don't know if we did.

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Mr. Pierre, you can unmute yourself and

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contain. Good morning. Good morning, Mr. Pierre. Could you please

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state your name and spell for the stenographer? Yeah, my name is Gene Pierre.

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J like John, E like Edward

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A Apple, N like Nancy, P Paul

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I E R R E.

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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.

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What location are you talking about, sir?

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1200 Alcott Street.

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Mr. Chair, this case is also on the 330 list.

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Mr. Pierre, I'm sorry for the confusion, but you'll need to call back in at 330, and then we can discuss your case.

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Okay.

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This is what I was trying to figure out, if it's the morning or the evening, because I have a letter that said 930.

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okay so it's on our it's on our 3 30 list okay thank you all right thank you any other hands up

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no hands share okay um let's go to our add-on list

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mi2025 000384 5052 to 56 city line avenue

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and mr chair i'll read um so this was a case that was held for an amended refusal which we received

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as well as the recommendation from the planning commission which i will read into the record um

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pursuant to section 14 301 3 c 0.2 point c of philadelphia's home rule charter the city

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Planning Commission reviewed the variances requested at 5052-56 City Avenue heard by the

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Zoning Board of Adjustment on April 30, 2025. The comprehensive plan recommends no change in zoning

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to the existing CMX 2.5 commercial mixed use. Based on the appellant's previous testimony,

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the proposed use will have minimal impact on surrounding properties. The appellant has

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submitted new plans which satisfy the requirements for landscape buffering between zoning districts,

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yard trees, parking lot screening from residential districts and streets, and parking lot interior

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landscaping. The appellant has not demonstrated that there are unique physical conditions or

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circumstances that prevent loading from conforming with the zoning code. The City Planning Commission

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recommends that the board grant the requested variances for expanding non-conformities

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and wholesale sales and distribution but deny the request for loading thank you i vote yes

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proviso per amended refusal dated 6 30 25. michael johns my vote is yes

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with proviso

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and my vote is yes with proviso

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i win my vote is yes with proviso

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I win my vote is yes

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with proviso

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i think we have our votes right yes that is that is all right and number two

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mi 2024 003 740 1324 to 26 east penchon avenue i vote yes

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Eowyn, my vote is yes.

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Yep.

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We're good.

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Okay, thank you.

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We're going to go to our regular list, and we're going to start with number four.

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MI 2024-001-898-966 Wakeland Street.

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Is our Spanish interpreter present?

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Yes, Chair, they're coming back in as a panelist.

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Thank you very much.

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Hello.

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Hi, sir.

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Could you turn on your video?

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Yes, I'm trying to do that, Your Honor.

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Take your time.

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Give me one second, please.

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For some reason, it works immediately, but not today.

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Well, we're waiting for it to come on.

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Could you state your name and spell for the sonographer?

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Yes, Your Honor.

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My name is Leonel, spelled as in L-E-O-N as in Nancy, E-L.

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Last name is Gillen, spelled as in G-U-I-L-L-E-N.

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I am the Spanish interpreter.

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Do you solemnly swear or affirm that you will interpret accurately, completely, and impartially

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from English to Spanish and from Spanish to English to the best of your ability?

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I swear.

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Thank you.

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um could you call for us the location 966 wakeland street leonardo de la cruz is the current owner

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i don't see their hand chair but i do see the applicants

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And I will allow them to speak to see if the owner is with them.

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Sure.

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Buenos dias.

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Mi nombre es Leonardo de la Cruz.

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Good day.

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My name is Leonardo de la Cruz.

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Could you have him spell his name for the?

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Yes, Your Honor.

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¿Puede deletrear su nombre, por favor?

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L-E-O-N-A-R-D-O

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L-A-C-R-U-Z

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that so uh first name leonardo spelled l-e-o-n-s-n-n-c-a-r-d-o then it is last name is

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de la cruz as in d-e-l-a cruz is spelled c-r-u-z right and could you also give say for him

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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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y jura decir la verdad

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¿tú jura en este testimonio decir la verdad

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toda la verdad y nada más

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que la verdad?

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