civus
Hearing video

ZBA Hearing - October 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20205h 56m

my documents here with you all.

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Here we go.

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One moment.

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okay so uh i don't think this will take too much of your time here so i am simply seeking rezoning

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to a multi-family unit uh with variants to allow for a single room dwelling to allow myself to

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use the interruption would you could you scroll down we can't see the

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floor plan that's it thank you no problem so i am sorry about that this is it's been finicky for

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me all day i'm seeking this approval to allow myself to receive a rental license to allow

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myself to rent out these two bedrooms there will be absolutely no change in construction to the

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house whatsoever i will also be living in this residence myself there will be no signage no

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change to the population either the previous owner there was a total of three individuals living in

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this home i'm currently the only individual living in this home planning to rent out those two

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bedrooms again to a grand total of three individuals the entire third floor would be my personal space

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with my uh here shown here on the third floor three different bedrooms one serving is my bedroom

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another is just extra for storage the other is my office two bedrooms to be rented out are here

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on the second floor with the larger bedroom being here at 158 and three quarters square feet

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and the smaller bedroom here at 129 square feet and they will share this bathroom here on the

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second floor and all the rooms and amenities here on the first floor and in the basement are to be

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shared amongst us all. Part of the reason I need to interrupt again you keep saying two bedrooms

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but I see six. Yes I'll be renting out too there's a total of six bedrooms in the home I'm only

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renting out two hopefully there are three on the third floor which is completely just for myself

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one is my personal bedroom one serves as my office here and one is just extra

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where's the bed where's the kitchen kitchen is on the first floor here

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okay so you go up to the second the second floor you're showing three bedrooms yes this one will

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be rented. This one will be rented. This is just an extra bedroom for any instance that someone has

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This is just an extra bedroom for any instance that someone has company that needs to spend the night.

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company that needs to spend the night.

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So it's a three-bedroom on the second floor.

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Yes, but only two are planning to be rented out.

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All right.

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And then you're saying only two bedrooms will be rented out on the third floor?

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No, no.

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Or one?

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None, none.

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You're showing three.

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I mean, unless I'm missing something here.

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You're showing three bedrooms on the third floor.

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Six bedrooms exist in the home.

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Only two of these bedrooms will be rented.

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The other bedrooms are being used for other purposes.

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There will only be a total of three individuals in the home,

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the same amount of individuals that were in the home before.

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There will be no change to the house structure or to the streets whatsoever.

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Part of the reason I am seeking this change of zoning and the variance

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was that when this house was appraised, as you'll see on this report on page three,

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or excuse me, page three,

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it was originally zoned as RM1 on appraisal before I purchased the home

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and confirmed to be RM1 when I purchased it

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for the purpose of hoping to rent out these two rooms in the future.

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uh that uh excuse me sir do you have a copy of the refusal yes yes i do

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would you like me to to load that please yes one moment yes i was about to ask the same thing

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one moment here i had i had all these loaded for you and then my entire system crashed i'm

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very sorry just bear with me one moment here

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And this is the notice of refusal.

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Can you stroll up?

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So I'm really

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Hoping to show the whole form for you here

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is this is this okay

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enlarge it enlarge it

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so i'm hoping to have this approved in order to get a rental license to

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rent abiding by the law and to contribute tax revenue to the city and not be one of the circa

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50,000 landlords that

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are on record as not having

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rental licenses and are renting out

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technically illegally. I would like

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to do this officially with approval.

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Could you make it a little clearer?

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It's quite readable.

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I'm trying my best here.

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I've got it zoomed in to 100%.

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are you talking uh no i mean that's that's really all i have i'm asking my board member tom

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yes it's a single room it's not rm1 that he's asking for it's a rooming house

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um um seeking mr brekkah let him let mr holliman finish please you can't have more than four

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related unrelated people tom this is sharon yes that's why it's it is refused as a single room

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residence because it will not be a single family home it'll be um essentially a boarding house or

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a rental of single rooms it's a little concerning the discrepancy between the number of existing

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bedrooms and the number of proposed residents which you might be able to

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to approach by doing a proviso limiting it to three residents

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i know i'm just i don't know i keep seeing six bedrooms that's

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there sir six bedrooms exist in the home but all six bedrooms will not be rented

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there will not be six residents there will only be three people in the home is that including you

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There will only be three people in the home.

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Is that including you?

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Yes.

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Same amount as individuals as before.

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Literally no change to the building, no change to the number of people.

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Perfect.

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Questions from the board?

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No.

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No.

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anyone else would like to testify in this case if so please raise your hand

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no hands thank you planning commission

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good afternoon chairman members of the board ian litwin planning commission staff this property

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is recommended for single family development in the city's comprehensive plan and is zoned

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accordingly we do not believe the applicant has demonstrated sufficient hardship accordingly we

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opposed granting this variance. Thank you. MI 2020-000944-1759 North Marshall Street.

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My vote is no. My vote is no. My vote is no. Thank you. That concludes the two o'clock

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list it is now 4 52 uh we'll return back at 4 uh 4 10. um this is sharon if i could just ask that i

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did i'm sorry 5 10 not me i'm sorry yes sharon um i sent the you a couple of emails on the uh

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case that you'll be appearing first on the 330 list the add-on that's spark street

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so if you could before before you resume if you could take a look at those thank you

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all right 510 yes thank you

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my name is frank de chico i'm the chair of the zoning board of adjustment

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I'll be participating in today's hearing along with our board secretary,

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Confessor Plaza, and board members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Tanya Sunkett.

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Oh, sorry about that.

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You all right?

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Yeah, my little dog, she's all right.

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Oh, okay.

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Board Administrator, Tanya Sunkett, and board attorney, Sharon Saleta,

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are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded. Fourth, for anyone participating by

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phone, if you wish to testify, you must raise your first raise your hand by hitting star nine

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and then star six to unmute yourself. I'll repeat. For anyone participating by phone,

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if you wish to testify, you must raise your hand by hitting star nine and then star six to

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unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548 and leave

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your email address and the address of the property at issue. I'll repeat that. To enter an appearance

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statement, call Google 267-270-5548 and leave your email address and the address of the property

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at issue with that said we can begin but before mr plaza calls our first case we'd like to ask if

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anyone is requesting a continuance or withdrawal of an appeal listed for this afternoon's hearing

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if so please raise your hand

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i have james divine james you can unmute yourself and wait to be sworn in

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Good evening, sir. Please identify yourself for the record, spell your first and last name, and provide us with your address.

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Can you hear me?

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I can hear you, yes.

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I'm sorry. James Devine, J-A-M-E-S-D-E-V-I-N-E. I'm at 45 East Orange Street, Lancaster, PA. I am counsel for Pennsylvania.

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adult and teen challenge and I am I need to swear you in sir do you swear in the firm to tell the

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I need to swear you in, sir. Do you swear in the firm to tell the truth, the whole truth, nothing but the truth?

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truth

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I do.

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Thank you. Please proceed.

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I am here on behalf of Pennsylvania Adult and Teen Challenge relative to our appeal pertaining to 329 East Worcester Street.

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We have uploaded a packet. However, our RCO meeting was interrupted.

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We have that in for a continuance.

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Yes.

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Do you agree with that?

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Yes.

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Okay, thank you. MI2020-001076, 329 East Worcester Street, W-I-S-T-E-R, is continued.

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Thank you. Thank you. Any other requests?

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I have on my list MI 2020-001145, 2159 North 21st Street as being continued. Any objection to that?

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no hands no hands i know we have uh the add-on of 106 spark street but let's go with the regular

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list and then we'll do spark street at the end okay mi 2020 dash 000 734 1542 north 59th street

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Good evening, please identify yourself with the record.

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First and last name, spell your first and last name, provide us with your address.

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I don't have any hands up for this one.

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Is someone here for this case?

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raise your hand.

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Guess not, right? Jason, are you... I see your hand up for this case.

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Jason? Can you hear me? Yes, you have your hand up for this case?

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Um, no, that's someone else who mistakenly got their name replaced with mine.

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That's Miss Valerie McRae with her hand raised.

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Miss McRae, are you here for 59th, North 59th Street?

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I'm confused. I don't know how she's in as Jason. I don't understand.

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hello hi ma'am uh you identify yourself for the record please yes valerie mccrae v-a-l-e-r-i-e

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m-c-c-r-a-e

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

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yes sir you the owner of 1542 north 59th street yes sir all right confessor

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Okay.

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Apologize.

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Have you emailed an exhibit packet with the required document, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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No, sir.

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I haven't emailed anything.

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I've been really sick.

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Okay.

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We're going to have to continue this case.

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mi2020-000734 1542 north 59th street is continued confessor we're going to go and do

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spark street i spoke out of turn we're going to count calendar number 39231 okay so 106 spark

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street okay that's a case that we heard before yeah yeah we had we had some technical difficulties

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and we uh continued it till today okay good stuff okay will the applicant for 106 spark street please

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sign on

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and her name is elizane barton

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And her name is Elisane Barton.

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Ms. Barton, you need to unmute yourself.

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Yes, hello.

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Hi, Ms. Barton, please identify yourself, spell your first and last name and provide us with your address.

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Okay, hi, my name is Elisane Barton, first name E-L-I-S-A-N-E.

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Barton

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B-A-R-T-O-N

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And

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5723

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Ogons Avenue

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Philadelphia PA

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19141

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We're going to affirm to tell the truth

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The whole truth, nothing but the truth

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I do

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Please proceed

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This is

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We heard this before

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No, no, we never heard it

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, orders and plans five days prior to this hearing?

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Yes.

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Also, have you met with the RCO and have a letter?

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