civus
Hearing video

ZBA Hearing - July 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 29, 20204h 53m

Thank you. Thank you. Good morning, everyone. My name is Frank DiCicco. I'm the chair of the

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Zoning Board of Adjustment. We have a quorum, so I'm officially calling this session.

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I'm sorry. I'm sorry to interrupt. I'm having trouble hearing.

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You hear me better now? No, it's very slow. All right, hold on. Everyone, anyone who's on,

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please mute yourself until you're ready to speak. That sometimes helps.

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Is your speaker all the way up?

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It is.

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Because I hear him perfectly.

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Anyone else having sound issues?

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I hear him loud and clear.

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I hear him fine.

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Loud and clear.

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I'm going to mute myself and see.

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How's that, Ms. Cooper?

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No, I'm sorry, O'Connor.

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Donna?

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Could you hear me?

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could you hear me okay uh if something happens give me a signal or something all right

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thank you good morning again everyone my name is frank de chico i'm the chair of the zoning

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board of adjustment we have a quorum i'm officially calling this session to order

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In attendance is our board secretary, Mr. Confessa Plaza, our board members, Mr. James Snell and Thomas Holloman.

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In addition to our city solicitor, Ms. Sharon Saleta, and our board administrator, Ms. Tanya Sunkit.

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As many of you are aware, this is our, I think, sixth day of holding virtual hearings.

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While we may have to make a few adjustments along the way, our plan is to call each case

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and basically proceed as we would have in a live hearing.

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We ask that attorneys for applicants or other interested parties identify themselves for

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the record when the case you'll be participating in is called.

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We will then hear the applicant's presentation, followed by any presentation by attorneys

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is representing other parties. Interested parties and members of the public not represented by

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council will then be given an opportunity to testify. We will then finally hear from the

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recommendation of the Planning Commission. At the hearing's conclusion, the board will either vote

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the matter out immediately or hold it for discussion in executive session. Any case held

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for discussion will be voted on at the scheduled August 5th, 9.30 morning session.

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A couple of changes related to the virtual format.

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

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than to the room as a whole since we do not have a room.

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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

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that this proceeding is being recorded

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and that by participating,

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you acknowledge your agreement to be recorded.

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Anyone who wishes to testify during these proceedings,

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please raise your hand

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so that Ms. Sunkit will be able to recognize you

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and pat you in into the process.

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A couple of other comments, please.

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of the attorneys, we're asked that you limit your testimony to those issues that are really

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necessary for the record. And we ask you to limit your testimony and rebuttals to one hour.

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There are a couple of other announcements I need to make before I turn it over to Tanya.

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On July 21st, 2020, we heard an appeal regarding the property at one, excuse me,

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Let me start again. On July 21st, 2020, we heard an appeal regarding the property at 318 East

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Durham Street, D-U-R-H-A-M, calendar number 39058. We held our vote and left the record open

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for Appellants Council to report back on any further meetings with the community.

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At the appellant's request, we are granting an extension and will now hear an update on the record and vote this matter on August the 5th, 2020, at our 930 session.

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Second announcement, on July 15th, 2020, we heard an appeal regarding the property at 4828 Greenway Street, calendar number 39277.

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We left the record open at that time to allow testimony on the community's position on the proposal.

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We would like to take that testimony at this time.

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We would like to take that testimony at this time.

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Before you begin, I'm just reading this announcement.

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I'll get right back to you, to the applicant's attorney.

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The applicant's attorney and anyone wishing to testify in this matter, please raise your hand.

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When called, identify yourself with a record.

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Hold on after that here.

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All right.

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Before we begin that time, I think you want to make an announcement about what the process is

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for people to be able to sign on yes um so whoever is contacting the zoning board hearings via

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telephone um the process for you to raise your hand if you wish to testify is for you to hit star

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9. Once your hand is raised and you wish to actually give testimony, then to unmute yourself,

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you have to press star 6. Then also, all those who are contacting us via telephone and you wish

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to register as an interested party to the case, you can call a Google voice number and leave a

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voicemail message at 267-270-5548. Again, it's 267-270-5548. Thank you, Chair.

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Thank you. One further announcement. On July 21, 2020, we held our vote on 1500 Dickinson Street

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for further discussion we will now vote the matter for calendar number 39293 1500 dickinson street

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my vote is yes my vote is yes my vote is yes my vote is yes thank you we will now go back to the

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second announcement for calendar number 39277

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4828 Greenway Street.

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I believe Mr. Clinton is the attorney representing this matter.

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Chair, could you please ask anyone who wishes to testify to remember to raise their hand, please?

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So I can identify them.

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Please raise your hand so we can identify you if you wish to speak.

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Mr. Clinton, are you going to present?

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I believe that Andrew Goodman from the councilwoman's office is also here to testify as to her position

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and the community's position.

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Why don't we hear from Ms. Goodman and then hopefully Henry will be able to get back on.

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So if you can identify yourself, name and address for the record, please.

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Andrew Goodman you can speak. Good morning Andrew Goodman G-O-O-D-M-A-N office of third

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district council member Jamie Gaudier. Mr. Goodman do you swear and attest to tell the truth the

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truth and nothing but the truth? I do. Thank you we're waiting for Mr. Clinton's here now but

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Andrew, while you're on, just give us your testimony, please.

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Okay, sure.

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As reflected in the letter we submitted to the ZBA on July 20th,

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our office supports appeal number 39227, located at 4828 Greenway Avenue,

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with the specific proviso be written in,

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that the variance be granted to reflect updated plans submitted in July 2020.

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The original refusal from the beginning of the year includes pieces in the project description that have since been removed from the plan. So we just want to make sure for clarity's sake that the variance is being granted per the updated plans from this month.

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Thank you, Mr. Goodman. Mr. Clinton.

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Morning, Mr. Chairman and members of the board. Henry Clinton here for the applicant, John Cassidy.

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We appreciate the commentary by Mr. Goodman.

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We appreciate the commentary by Mr. Goodman, and we've asked the board to vote on the project with the understanding that the revised plans, which are three pages, have been previously provided in our packet, and we are in agreement with the community group's request to remove the pilot house and the roof deck.

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And with that, I rest and ask the board to move forward.

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Thank you.

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or any questions from the board? I think we already went on. I believe there may be

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I believe there may be one other community member present who wishes to testify. Okay,

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sorry about that. Anyone else wish to testify, please raise your hand. Is that Diane Settles?

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Ms. Settles? Good morning. Good morning to the ZBA board. I would like to thank you for this

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opportunity in which to speak.

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Ms. Settles,

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please identify yourself and spell

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your name for the record. My name is

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Diane. My last name is

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spelled S-E-T-T-L-E-S.

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Settles. I'm the president

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of the King Sessing

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Area

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Center Association.

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I'm sorry, sir.

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I'm sorry. Do you swear and affirm to tell

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the truth, the whole truth, and nothing but the truth?

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Yes, I do. Thank you.

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please proceed. I am a representative from the King Sesson Area Civic Association, which is in

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the area of this proposed property. We are also in agreement with the council person, Jamie Gautier's

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office. I wanted to speak just because this is a public hearing and I'm trying to get

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more of a community to participate in the ZBA hearing so that they will know how it

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works, and so that they will know that they do have a voice. So once again, I am in support of

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the revisions that have been offered by this applicant. Thank you for your time. Thank you,

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Ms. Settles, and thank you for taking the time to be here this morning. Okay, with that calendar

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number 39277

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4828 Greenway Street. My vote is yes

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with the following provisos. Revised plans

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three pages accepted and approved by the board today.

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Yes, with proviso. Yes, with proviso.

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Yes, with proviso.

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Thank you. Sharon and Tanya, did I leave anything

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out if not we'll proceed we'll begin with the hearings that's good to me um just the

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continuance announcements which i think confessor is thank you okay continuance and when draws

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calendar number 39379 1233 north front street will be continued calendar number 39910

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1723 Memorial Ave. It's being continued. Calendar number 392001758 North 31st Street. It's

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continued. Calendar number 39917 1917 North 4th Street. It's also continued. Calendar number

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39913

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5217

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dash 19

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Haverford Ave is also

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continued. Calendar number

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39224

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7956

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Castor Avenue

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it's also continued.

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If you feel that

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any of these cases I've read

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it's an error

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please raise your hand and let us know.

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Thank you.

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And also, if anyone else wishes to have a case, continue to withdraw, please raise your hand now.

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Xen Jin, you may speak.

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Yes, good morning. I'm here on behalf of...

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Xen Jin, please identify yourself.

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Yes, good morning.

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Zen Jin, 1617 John F. County Boulevard, Suite 1838, Failed LVPA 19103, here on behalf of

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the applicant for 1758 North 31st Street.

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And Zen, please spell your name for the stenographer.

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Sure, Z-H-E-N, last name is J-I-N.

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

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I do.

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Please proceed.

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Good morning.

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I'm actually here on behalf of 1758 North 31st Street I believe I heard that

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it was continued I believe the case is actually ready to move forward and be

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presented then I apologize then that would be my fault I had it as you

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Then I apologize then. That would be my fault. I had it as you having requested a continuance,

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having

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but we will move forward then. We will take that off the continuing list.

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You'll be back on, you're back on the list. Thank you.

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Thank you. Anyone else requesting a continuance or withdrawal? Please raise your hand now, please.

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Peter Crawford, you can unmute yourself and speak.

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Mr. Crawford, please identify yourself with a record. Spell your name.

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Yes, Peter Crawford, C-R-A-W-F-O-R-D. Actually, Mr. Jinn just spoke on my behalf. He's my attorney

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for 1758 North 31st Street. Okay, we'll get to you short. Thank you.

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anyone else continuance or withdrawals that's all i have chair okay mr confessor let's begin thank

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you okay can you hear me now i can okay calendar number three nine nine zero one ten oh one south

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4th street anyone wishing to testify on this case

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Eileen Quigley you have been promoted to a panelist you can unmute yourself and testify

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and you can share your screen as necessary and if witnesses please identify them at this time

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Ms. Quigley please please identify yourself name and address by your name for the stenographer

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please good morning counsel do you agree to waive the reading of its refusal and stipulate to attack

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I do thank you good morning my name is Eileen Quigley E-I-L-E-E-N-Q-U-I-G-L-E-Y

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from Ballard Spar, B-A-L-L-A-R-D, S-P-A-H-R-L-L-P.

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And I'm here on behalf of the applicant AT&T

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for the application for 1001 South 4th Street.

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We are requesting a special exception today

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for this matter.

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Let me see if I can.

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Ms. Quigley, I just need to swear you in.

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Do you swear and affirm to tell the truth,

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the whole truth and nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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Yes, we have three witnesses today. We have Sean Paul, who's the radio frequency engineer, Steve Wilcox, who is the site acquisition person, and sorry, Steve, and we have Michael Moore, who's the engineer.

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What we're here for today, as I said, is a special exception. The application is for

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