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Hearing video

ZBA Hearing - October 27, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 27, 20203h 7m

much it there's not much to it picks that um questions from the board

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anyone else who wishes to testify in this case would you if so please raise your hand

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i see no hands at this time mr chair thank you planning commission david good morning

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please identify yourself you're muted good morning mr chairman david effecto f-e-c-t-e-a-u

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with the city planning commission we're in the firm to tell the truth the whole truth nothing

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but the truth yes sir i do please proceed thank you sir mr chairman and members of the board

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Thank you, sir. Mr. Chairman and members of the board, this property is indicated for single

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This property is

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family residential use on the comprehensive plan. We do not believe that legalizing a duplex will

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have an adverse impact on the block. Accordingly, we have no objection to granting this variance.

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Thank you. MI 2020-0002401740, Wolf Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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Professor, the next one, Oakdale, this is the one we're going to hear but hold for the text clearance, right?

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Right. MI 2020-001163, 1924 East Oakdale Street.

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Mr. Sabatini, you still?

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uh yes we're still uh we're still here if you need us no no you can you've been approved so

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okay we'll leave then thank you thank you

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let's go

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1924 east oakdale i think that was mr mclehaney um i think that's mr schlamowitz and i have

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confirmed that the i have confirmed tax compliance so you can vote on this today thank you

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mr slumovitz

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i believe you've already been sworn in

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let me yeah let me uh promote him back to panelists right now sir sorry about that

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can everyone hear me yes we can sir you've already been sworn in

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You're still under oath.

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Confessor.

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Sir, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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copy of the refusal or referral photos and plans five days prior to this

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hearing?

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I have subject to the earlier conversation with respect to the tax

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clearance.

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Thank you.

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

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Yes.

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I found out that the letter was transmitted this morning.

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Thank you.

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Please proceed.

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um it's my pleasure to represent diz holdings llc the owner of this property uh my client's

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proposal is to uh construct a single family dwelling on what is presently a extraordinarily

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narrow uh vacant lot do you receive pardon the interruption do you have any exhibits you can

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share with us? I, you mean through the Zoom platform? Yes. I, I have the exhibits that were

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submitted in PDF form as with an exhibit list. As far as how to display them on the screen,

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I am not sure how to do that. Share screen perhaps.

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I believe that Jason will have to authorize you to share the screen.

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Give me a minute, sir. I'll assist you. Thank you.

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All right, you've been asked to start your video.

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If you want to share your screen, I think there's a green button at the bottom of the list of options.

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It'll say share screen, the green up button.

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Very good. I see that. Thank you.

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You're welcome.

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Has that made the exhibit list visible?

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Yes, it has.

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Okay.

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Okay, so this is what you're seeing is the exhibit list that I submitted to the panel

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five days ago.

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As I was saying, my client's proposal is to construct a single family dwelling on a vacant

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lot.

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The refusal was a merely dimensional refusal predicated on my client's request and proposal

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request and proposal to construct the rear of the building five instead of the required nine feet

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to construct the rear of the building.

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to the rear lot. It's merely a setback proposal of a de minimis four feet that we're requesting

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so that the structure can be made the depth that is required.

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um the uh unusually narrow lot in today's use in economic client climate requires a slightly

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deeper house than code allowed uh it needs to be usable and saleable in today's market

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so that a viable use which is a credit to this neighborhood can be made of this very narrow

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vacant lot um as i noted it's a de minimis four foot uh deviation from code there are three

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primary bases for the variants. The first is the economic hardship that this dimensional

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variants is predicated on. It's not viable to develop the narrow lot without the deeper home.

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The second is the community support is resounding. The RCO voted unanimously in favor of the project

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and I found out that the councilman does not oppose. The structure itself is entirely consistent

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with the spirit of the neighborhood and the adjacent buildings. In fact, if you were to

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walk down Oakdale Street after construction is completed, you would be unable to discern that

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variance had even been granted. And the next building is very similar in character to the

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one my client is proposing to construct, which you can see right here in this

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in this top right photograph and exhibit H is the plans. This is a picture of what we're looking to

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do. With that being said, I would propose to move my evidence package into the record,

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including the notice documents, the documents related to the property and the project and the

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procedural documents. With me this morning, I have Ilya Zimarin, who is an authorized member

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of the owner of the property, I would ask to swear him in and present his direct examination.

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Thank you.

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Sir, would you please identify yourself, name and address for the record, spell your name

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for the stenographer.

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Samarin, can we unmute and speak, please?

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okay can everyone hear me now yes please identify yourself spell your first and last name for the

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record yes ilia zamarin i-l-y-a for the first name z-a-m-a-r-i-n like nancy for the last name

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you're going to firm to tell the truth all truth nothing but the truth

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Yes, I do.

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Please proceed, Mr. Slomberg.

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Thank you, Chairman.

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Mr. Zamarin, you were present and heard the representations that I just made to the board.

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Yes.

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Were they accurate?

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Yes.

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And do you agree to adopt my statement as your testimony?

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Yes.

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Yes. At Exhibit, I, in the package that I've submitted to the panel, is a photograph of the posted property reflecting the zoning notice for today's hearing.

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Do you agree that you posted that sign on the property prominently on October 2nd of this year?

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Yes, correct.

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respect to any tax obligations, the owning entity of this property does not have any

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outstanding liabilities to the city of Philadelphia, correct? Correct. It does not.

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I'm going to show you exhibit H, which is collectively the plans and diagrams,

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the elevation, and the floor plan of your proposed project.

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You'll agree with me that you had an architect generate these plans, correct?

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Correct.

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And these accurately reflect the project that you're seeking to construct on the property?

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Yes.

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Yes.

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You agree with me that the property, the proposal is requiring a de minimis variance for what the code allows?

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You agree?

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Yes.

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And we're asking for the least restrictive alteration to the code?

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Correct.

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The balance of the project, other than the variance, will be built entirely in accordance with the code, correct?

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Yes.

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And the project, in terms of its style and design, would you describe it as consistent with the neighborhood?

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Yes.

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um how would you mr slalom it's not to interrupt you uh if you can summarize because i believe

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you covered all those points and your client agreed that to adopt those your comments as

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as his okay so if you um thank you

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uh just two more questions and i'll wrap up uh mr zamarin can you describe how the um

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um the construction will impact uh congestion and traffic in the area

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i believe it will impact it minimally uh just because it's a single family home

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i don't believe there's going to be uh any additional enormous traffic generated because of

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that um i believe that's all i have for you mr samara sounds good

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Thank you. Questions from the board?

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No. Anyone else wish to testify in this case? If so, please raise your hand.

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No hands at this time, Mr. Chair. Thank you. Planning Commission.

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Good morning. David Fecto, City Planning Commission.

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Mr. Chairman and members of the board, this property is indicated for single-family residential use in the city's comprehensive plan.

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This application matches the pattern of development on the block.

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Accordingly, we have no objection to granting this variance.

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Thank you.

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MI-2020-001163, 1924 East Oakdale Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Professor, before we go any further, I think number six, I may have misspoke earlier. I put it in, I think, as a continuance. I just, it should be Attorney Moving Party. That's MI-2020-001120-348 Green Lane. Attorney Moving Party, is that correct, Sharon?

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That is correct. Thank you.

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Okay, so I made that correct.

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In addition to that, can I mention that Mr. McElhaney requested that you do the continued hearing on or the resumed hearing on 919 Diamond Street.

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I checked my notes and on October 13, you heard this and announced that Mr. McElhaney would be returning 1028 at 930 for consideration of further revisions and or submission of an amended application.

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so that's it's for tomorrow not today okay great thank you next one up is mi 2020-000-159-5609

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park ave north park ave

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we've completed your application

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Is there anything else you need from me, Mr. Chairman?

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No, no, we're through.

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Thank you.

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Thank you.

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Thank you.

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Have a wonderful afternoon.

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5609 North Park Avenue.

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Any hands for 5609 North Park Avenue?

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And there doesn't appear to be an attorney involved in this case.

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The property owner's name and the person who submitted the exhibits is Kary Sanders.

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Yeah, Mr. Sanders has his hands up.

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I will promote him to panelists right now.

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Mr. Sanders, you have been promoted to panelists.

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You may unmute your microphone and make your case.

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Mr. Sanders, is it Mr. or Ms. Sanders?

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Unmute yourself, please.

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Unmute yourself, please.

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Thank you.

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Okay.

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Reece Sanders.

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Yeah, please.

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Good morning.

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Please identify yourself for the record.

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Spell your first and last name and proprietor with your address.

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My name is K-H-A-Y-R-E-E.

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we're getting feedback

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do you have another device on

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you guys hear me do better now

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I'm sorry

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we're getting feedback

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it sounds like you have another device on

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Okay, I think I'm ready to proceed so much.

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Thank you.

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Morning, Chairman and members of the board.

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My first name is H-A-Y-R-E-E, last name Sanders, S-A-N-D-E-R-S, and I am the applicant.

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

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Yes.

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Sir, are you the owner of the property?

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Yes, I am the owner of the property.

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Okay.

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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, photos and plans five days prior to this hearing?

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Yes, I did.

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

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I did, yes, I do.

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Right. And do you swear and affirm to tell the truth, the whole truth, for nothing but the truth?

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Yes.

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Thank you. Please proceed.

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uh chairman and members of the board uh this uh variance is for a professional office

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uh being used at the mr sanders pardon the interruption do you have any exhibits you can

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share with us i do

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Thank you.

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Are you going to be able to see this? Thank you. Yes, no problem. So again, the

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thing is for business and professional is being used at the bottom of street

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level, a already existing duplex, which is a residential space,

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