civus
Hearing video

ZBA Hearing - September 23, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20205h 18m

all right i think that's way too many bedrooms but uh calendar number i'm sorry planning commission

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good afternoon david effecto city planning commission mr chairman and members of the

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board this property is indicated for single family use on the city's comprehensive plan

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this appears to be a pre-existing use we do not believe allowing this to continue will

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have a negative impact on the block accordingly we have no objection to granting this variance

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mi-2020-001128-1155 daily street my vote is no my vote is no my voters no my voters no

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thank you

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i think that was a no what calendar number mi 2020 dash zero zero one one two five

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740 snyder avenue the attorney is kenneth young

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young you've been promoted to a panelist you can share your screen and unmute yourself to be sworn

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in good afternoon hi mr young can you put your name and address on the record please

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kenneth young 1500 walnuts street suite 2000 philadelphia pennsylvania 19102 and also do you

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swear to tell the whole truth and nothing but the truth i do do you agree to wave and stip i do

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also finally have you emailed an exhibit packet with the required documents which would be proof

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of ownership tax compliance refusal referral photos and or plans of the property five days

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in advance of this hearing have you also have you also met with the rco and do you have a letter

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Yes, I do, Ms. Denary.

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Excuse me, Sharon Saleta.

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Mr. Young, did you submit a copy of the refusal?

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I'm not seeing it in your exhibit packet.

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I'm looking at my exhibits.

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I apologize for that.

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I could try to.

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Okay.

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All of your other documents are there.

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If you can just send it to me by the end of the day.

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Thank you very much.

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Thank you.

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Mr. Chairman, members of the board, I'm here today with Mr. Doe Nguyen,

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the principal and owner of the property.

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The city classifies this as 740-42 Snyder Avenue.

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My client would like to divide the property to two separate lots.

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He has owned the properties since 1994.

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4, the 742 has three units, two bedroom, two baths, and 740 is a single family property.

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And we need to file this as a subdivision to separate the properties to have two separate

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deeds.

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Mr. Young, do you have any floor plans?

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Yes, I do, Mr. Chairman.

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I will bring those up.

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I appreciate it.

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Unfortunately, let me try this again, this is, I'm on a learning curve here, Mr. Chairman,

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I apologize.

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So Mr. Young, double click your actual file that you wish us to view.

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Double-click your actual file that you wish us to view.

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What?

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Once you have that open, then click on the green share screen.

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Bear with me.

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I just lost everything.

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Thank you very much.

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The E-Plan is Exhibit D, and I will...

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Nothing yet.

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So did you click on the share screen at the bottom of Zoom?

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Yes, I did.

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Let me...

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Here we go.

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Okay.

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double-click actually on whatever document you want us to view thank you

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very much so mr. chairman this has been a one property since the late 50s you

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don't have any pictures can we only still have the oh did they come up to

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exhibit D, the e-plans? No. Click on the actual document. Yeah. So now, if it's not working,

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go back out. How about now? It says sharing. Right, but you're sharing your file list. So go

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back out, hit share screen, and then go back in, hit share screen, and actually click on the file

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or pictures that you want us to look at.

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There we go.

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You see them up there?

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Slowly opening.

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Did you click on the actual document

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that you want us to see?

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Yep.

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There we go.

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Oh, we got it now.

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Okay, we have lot lines.

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Want me to share the photos, Mr. Chairman?

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You could, that would be helpful.

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Thank you.

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Are they coming up?

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yes if you could maximize maximize your screen

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perfect thank you

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That's 740, and then I could show you 742.

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that's the same one

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try my best

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is that coming up chairman yes

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Do you have anything Ken that shows us what the floor plan, I mean currently 740 is

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a single family uh no sir mr chairman seven it's one property 740 742 is actually zoned a four

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a single family? Uh, no sir, Mr. Chairman.

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unit property because there's one unit at 740 and three units at 742 and what he's trying to do is

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he's trying to separate the two lots because it's one deed parcel a and b so what we're trying to

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do is just make two deeds all right and we did meet with the uh 7th street uh civic association

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it's my understanding also i spoke with them this morning and that they informed me that

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councilman squilla was uh sending over a letter of non-opposition sharon do we have anything in

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the file from councilman squilla i will check but it's going to take a minute okay

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or tanya i don't know whoever has if you have it

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and we did meet with the community group back in january but i've been in touch with them

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um okay i what whatever we do here is not going to change the condition of the building i'd

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advise your client that pictures that you showed of 740 very frightening

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people shouldn't have to live that way not faulting you by the way it's your client

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well he's on the line and uh well he better get his act together that's a horrible situation

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have people living there like that this is sharon saletta i checked and i have not received a letter

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all right you have the rco letter

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i could share that i did submit that as well you have that ken please yes sir

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who is the rco uh the seventh street community civic association president bruce baldwin yeah

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thanks thank you

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Can you scroll down a little bit, it's final position, it just says.

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It says final position taken by support.

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All right.

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okay

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let me get your client on this

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thank you very much

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Mr. Nguyen

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Doe

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Doe Nguyen

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well I have to allow him I just need to know

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his name or he can

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actually

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raise his hand

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Okay, Mr. Doe, you can unmute yourself to speak.

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Mr. Doe, please identify yourself your first and last name and spell your name for us.

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Yeah, my first name is Doe, D-O. My last name Nguyen, N-G-U-Y-E-N.

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and your address

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right now I live on

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6314 Dix Avenue

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Philadelphia

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19142

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thank you

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you swear and affirm to tell the truth

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the whole truth and nothing but the truth

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sir

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yes

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you swear to tell the truth

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yes

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we're going to ask you questions

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do you swear to answer them truthfully

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yes sir thank you all right let's be on thank you mr chairman uh mr win yes uh did you hear

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my representations regarding your proposal to separate the properties to two deeds

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yes sir and do you agree and adopt my presentation as your own testimony

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yes sir will you also agree to clean up these properties yes there's concerns that

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740 doesn't look nice yeah yes okay will you will you take care of these and spend some money and

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clean these up yes sir i will we're going to put a condition on that ken yes sir all right thank

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you very much thank you anyone else wish to testify in this matter

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did i ask the board if that the board had any questions yeah i went how long has he owned this

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property him and his wife owned have owned the property since 1994 he had a

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Him and his wife have owned the property since 1994.

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He had a local grocery store here in the community for several years.

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He transferred the deed to his LLC in 2003.

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And so it's been in his name and his interest since 1994.

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And it's still not cleaned.

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Well, you know what, Carol, in this case, if we don't approve it, it'll continue.

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we'll put a conditional geo all right and that may make force him not to do what he should have

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been doing all along no reflection on you mr young thank you sir all right um you know that ken

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good afternoon david effecto city planning commission mr chairman and members of the

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board this property is indicated for single family residential use on the singles on the

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city's comprehensive plan this appears to be an existing use we do not believe that the relocation

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of the lot lines will have a negative impact on the surrounding area. Accordingly, we have

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no objection to granting the variance. Thank you. MI-2020-001125, 740 Snyder Avenue. My

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vote is yes with proviso. CO to be issued within three months. Yes with proviso. Yes

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with proviso yes with proviso yes with proviso and mr young if you could remember to send me

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that refusal please i'm going to email you right now and thank you all i may be excused yes you

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may thank you mr young i think that's a wrap frank

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it is 24 so we'll take a 15 minute break does that work i have some good news for you it looks

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as though only one case on the 3 30 list is ready to go forward uh you want to take the break uh

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what hold on which case is that sharon um hold on

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Matt on Maddie Monroe's case on 13th Street yes that's it okay let's take a

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15-minute break it's not correct soon can use a break as well all right okay

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Thank you.

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One more minute to go, 4.14.

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Thank you.

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can you hear me i can hear you okay

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4 15 is everyone back uh jim yes confessor everybody's here tanya yes tanya's here and

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yes everybody's here okay all right we'll begin good afternoon everyone my name is frankie chico

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I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing with Vice Chair Ms. Carol Tenere,

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Board Secretary Confessor Plaza, and Board Members Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.

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

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I'll go through some of the basics of what you can expect.

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I'll go through 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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First, we will be administrating

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Second, for the benefit of anyone participating by phone,

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we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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I think I'm going to repeat that.

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For the benefit of anyone participating by phone,

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we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, we would like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded.

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Fourth, for anyone participating by phone, if you wish to testify, you must raise your

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hand by hitting star nine and then star six to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your

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hand by hitting star nine and then star six to unmute yourself. Finally, 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 at

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issue sorry the dog is telling you to shh all right let me repeat that finally to enter an

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appearance statement call google 267-270-5548 and leave your email address and the address

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of the property at issue with that said we can begin but before vice chair tenere calls our

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first case we'd like to ask if anyone is requesting a continuance or withdrawal to be heard this

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afternoon if so please raise your hand identify yourself for the record and wait to be sworn in

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and also if you have the page number of your case that would be helpful uh chair they don't they

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don't have these they don't have that okay no some folks from the council person's office

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Mr. Fulks

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Good afternoon Chairman DeChico and the ZBA board

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Sloan Fulks

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