civus
Hearing video

ZBA Hearing - February 19, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 19, 20254h 55m

understood questions from our attorney

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gree emerson not at this time mr question from the uh of the our audience

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Yes, there. We have someone with the first name.

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Excuse me.

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hello hi could you please

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hi sir could you please state your name and spell for the stenographer

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hi man you could call me kelly k-e-l-l-y

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last name a-l-e-o-n-g do you swear or affirm to tell the truth the whole truth nothing but the

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truth yes please proceed are you a neighbor i live directly behind the proposed building

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okay um two things that property was was a lot however it was owned by the house that was adjacent

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to it which a single family to my knowledge lived in i've been in this area since 2003

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so that family had a peach tree on that property on that lot

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and also a couple other fruit trees.

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They maintained it well, and when they sold the property,

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I guess they broke it up into two pieces and sold it.

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So the property was not vacant and disregarded.

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It was well taken care of.

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And also, across the street is St. Agnes,

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which is a totally different zip code of 19139.

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19104 ends at 44th Street.

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Directly behind the property is a church.

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The school is on 43rd Street on the other side of the church. And this area is primarily single homes. And that's the way the community, which I live in, wants it to be.

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We have multiple buildings on Fairmont Avenue between 44th Street and 43rd.

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We have three new apartment buildings here, which is fine.

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On Brooklyn Street, which I have family members living on, we have a total of three apartment buildings now.

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And those were zoned before the change, which is fine.

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Now they're proposing a new building, which is not what the community wants.

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we want single family homes

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and that's what we prefer

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that's what we voted for

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we do not need more apartment buildings

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in this area

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it's a very small area

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the streets are tight

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there is not much parking

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because we have a lot of residents

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with multiple cars in this area

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so you're adding

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if I understand it properly

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nine bedrooms

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is that correct

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well I think it's

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three units I'm not sure

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three units

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the two floors are three bedrooms

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it's nine bedrooms

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that's absurd

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it's absurd we don't need that

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we don't need that unless it's low

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income and then you're

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introducing temporary associates

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or temporary

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people in the neighborhood which

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do not value the neighborhood

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and you don't know what kind of

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how much garbage they'll produce

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what kind of hygiene

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they have none of that

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we voted for single family homes

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sir I think we understand your position

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Meredith you have any questions

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I don't

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have any questions for him

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is there anyone else in the virtual audience

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planning commission

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thank you chairman and good evening david vecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rsa5 residential

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single-family zoning at this location the city rezoned this neighborhood in 2023 and a community

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supported map change the prior zoning of this block face was rm1 residential multifamily

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there is no unique physical condition of this 1325 square foot lot that would prevent it from

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being used in strict conformity with the zoning code the city planning commission recommends that

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the board deny the proposed use variants for three dwelling units thank you um we're going to hold a

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vote on this we'll take it back to the mr chairman can i suggest that the applicant take this back

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to the rco and and hold a resumption hearing so so here's here's my recommendation we're

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going to hold this for two weeks in that two weeks if you get a response from the rd r rco

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fine um but what i would like to do hillary is close this other than a possible response from the

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rco and the applicant is able to respond to the rco that's right you i mean you could you could

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respond to it but um you know there's going to be a discussion on the board but i'm just saying if

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Um, you know, there's going to be a discussion on the board, but I'm just saying, if you wanted to get something from the RCO, fine. And we'll take this, what's two weeks? What's the date of that?

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you wanted to get something

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March 5th, I believe.

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March 5th. And we'll vote on this at, uh, 2 p.m. Is that right?

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Yes.

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2 p.m. March 5th. Okay.

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Understood. Thank you.

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Thank you.

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Is there anyone in the audience whose case has not been called from the 2 p.m. list?

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Good evening, Mr. Chair. This is Jason Hand. I do not see any hands at this time.

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Thank you. We're going to go right into the 330 list.

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Good afternoon. My name is Bill Bergman, and I will be chairing the meeting of the Philadelphia Zoning Board of Adjustment.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member Cheryl L. Gaston.

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Present, Mr. Chairman.

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Board Member Tanetta Graham.

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Present, Mr. Chairman.

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Board Member Michael Johns.

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Present.

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Board Member Taya Nguyen.

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Present, Mr. Chairman.

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Also present is our attorney, Hillary Emerson, our executive director of the zoning board, Ian Haggerty, and Lakeisha Dandy, our zoning board administrator.

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Please be advised that this meeting is being recorded and your participation in this meeting indicates your consent to be recorded.

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The video will be posted on the ZBA website approximately one week following the meeting.

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This meeting is being held in person with remote capabilities, meaning that individuals can participate either in person at the hearing room in one parkway building or remotely over Zoom.

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When you're recognized to speak by the board, please state and spell your name to the court reporter and then wait to be sworn in.

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If you are in the hearing room, you must speak into a microphone so that everyone in attendance, including the court reporter, can hear you.

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If you're participating remotely, please turn on your camera and unmute yourself when you're recognized to speak.

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Once you've been sworn in, please state your name each time before testifying, whether you're in person or remote, so the court reporter knows who is speaking.

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Please mute yourself or turn off the microphone when you're not speaking.

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If you're participating by phone, please press star 9 to raise your hand and star 6 to unmute.

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If you are participating by phone, call 267-270-5548 to register your appearance by the close of the business the day after the hearing.

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You must provide an email address and the address of the property you are interested in.

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All others can enter their appearance through the Zoom registration.

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For individuals participating in person, a QR code is available to register your appearance.

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For assistance, please see a staff member at the back of the hearing room.

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If you have any questions about how to enter your appearance, please contact RCOZBA at phil.gov.

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If you're in the hearing room, please refrain from talking or engaging in conversation while the hearings are proceeding.

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Please note that eating or drinking in the hearing room is prohibited.

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In addition, verbal and physical aggression will not be tolerated.

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If you're participating remotely, remember the Q&A on the Zoom platform is not for testimony or comments.

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Any concerns related to the hearing operations should be directed to ZBA Executive Director at phil.gov.

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Before we begin, our Executive Director, Ian Haggerty, has a safety announcement.

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Thank you, Chair. Good afternoon, everyone.

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Thanks for your patience today as we work through this list.

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As you probably remember from my earlier announcement, if there is an emergency, the fire alarm will go off.

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you'll be listening for instructions through the fire alarm system. If you don't hear any,

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please listen for announcements from our staff or from building security. The main exit is through

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the double doors at the rear of the room. Follow the exit signs to the left for the stairway.

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If we do end up having to go outside for any reason for it to be evacuated, we will rally

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at Love Park and please stay there so we can account for you. As a reminder, bathrooms are

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across the doors from the elevators in the main hall,

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and there's a water fountain just to the right outside the double doors.

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Thank you, Chair.

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So let's look at our schedule.

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Number two, MI 2024-006-112-120 Shores Lane.

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Cases continued until 8-13-25 at 3-30.

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Number three, MI 2024, 006-122-814 Brighton Street.

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That case is continued to 813-25 at 3.30.

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Is there any other requests for continuance?

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Number four, MI 2024, 006-137-67 North 63rd Street.

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Janice Ferguson is the listener owner

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It's a pro se

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This is the first listing and we have no exhibits

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Janice Ferguson

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Janice Ferguson.

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Good evening again Mr. Chair

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Good evening again, Mr. Chair.

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This is Jason Handel will be your calls to session.

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Ms. Ferguson has been promoted to panelists

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and she will be back in shortly.

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I was just going to say, Mr. Chair,

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we did receive a request,

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a late request for continuance on this case.

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I'm here.

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Hi, could you please state your name

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and spell for the stenographer?

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Yes, it's Janice Ferguson.

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J-A-N-I-C-E

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F-E-R-G-U-S-O-N

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Right. Do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth?

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Yes. Ms. Ferguson, do you

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want a continuance for this case?

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Yes. All right. Thank you so

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much for staying on the phone to tell us that.

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So, MI

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2024-006-137-67

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North 63rd Street. This case

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will be continued to 813-25

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at 330. Thank you

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very much thank you and number seven mi 2024 006 161 1434 west venango street

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man property holdings is the listed owner applicant no exhibits first listing

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you see anyone jason

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um yes winston masters or rather winston manning they have been allowed to speak

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winston man please unmute and wait to be sworn in

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mr manning

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he can't come in please unmute i'm not sure if he's the apple hello hello can you hear me yes

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Mr. Manning, could you please

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spell it for the court stenographer?

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Winston Manning,

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W-I-N-S-T-O-N,

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Manning, M-A-N-N-I-N-G.

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Do you swear or affirm to tell the truth, the whole

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truth, nothing but the truth? Yes.

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Mr. Manning, you're the appellant in this case?

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Yes.

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All right. Mr. Manning, we have no

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exhibits. This is the first listing.

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Okay.

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I submitted them.

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I have exhibits also that I

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could present.

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um mr manning um is it true that this property is owned by an llc uh that is correct okay you

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will need to be represented by an attorney before the zoning board so we could not proceed today

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even if we had received your exhibits but we did not receive them may i get a continuance yes yes

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you're going to get a kid so mr manning this case 1434 west venango street will be continued to

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8 13 25 at 3 30 p.m is that the earliest you have available that's what we have sir

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all right then thank you all right thank you

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number six mi 2024 006 154 53 26 baiton street steve masters is the attorney mr masters

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please state your name and spell for the stenographer

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