civus
Hearing video

ZBA Hearing - December 15, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20214h 39m

and I certainly would have my client adopt my testimony and also just speak a little bit about

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the fact why the first floor would not be viable for commercial.

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Mr. Clinton, let's get your client on the line.

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Tell them to unmute it.

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Thank you, Mr. Chairman.

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Mr. Lewinstein, can he be unmuted, please?

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Mr. Lewinstein, you can unmute yourself and please wait for the chair.

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Could you please state your name and spell for the court reporter?

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Mr. Loonston are you there? Yes I believe I unmuted it I'm sorry. Okay good state your name

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and spell for the court reporter please. My name is Michael Loonston L-O-O-N as in Nancy

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s-t-y-n do you swear a firm to tell the truth the whole truth and nothing but the truth

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yes i do proceed mr clinton i thank you mr chairman uh mr lewinstein you were on the call

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when i did the presentation for this project correct yes sir okay and if you had the opportunity

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to testify would you adopt my testimony as your own and would it be true and correct yes sir

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and mr lewinstein uh the request today is to have the first floor uh commercial rather than

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residential. And what has led you to that conclusion? And who have you spoken to in terms

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of expertise in the real estate industry to come to that conclusion? Well, I spoke with a few

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realtors in the area, but most prominently, I spoke with Julie Welker, who has an office less

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than 100 feet away from that, and actually owns the corner building on Carrot Street. And she

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kind of she also agreed with me that the highest and best use would be for a residential unit

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and that she doesn't have much demand in that immediate area for commercial space and that's

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why we made the decision to switch it to a residential unit. All right thank you Mr.

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Lewinstein with that Mr. Chairman I rest. Excuse me Mr. Chairman may I just ask Mr. Clinton that

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when you have a chance you can forward me a copy of the RCO letter. I checked the exhibit packet

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that was submitted on Friday and it was not included. So just so that we will have it for

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our records. Thank you. Yes, Ms. Lyell, we'll do that. Questions from the board? No. No, Mr. Chairman.

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other questions in the virtual audience chair we have teresa holberg with her name up miss holberg

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Chair, we have Teresa Holberg with her name up. Ms. Holberg, you can unmute yourself and wait for the chair.

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I think I'm unmuted. Can you hear me?

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Okay, could you state your name and spell it for the court reporter?

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All right, my name is Teresa Holberg, T-E-R-E-S-A. Holberg, H-O-B as in boy, E-R-G as in girl.

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

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I do.

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proceed well first i have to admit my face is red because um if mr clinton scrolls back to the uh

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f the rco letter that he has in his package you will see that that is actually for another matter

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that's coming up next week 3039 cambridge street not this matter um so i'm not sure how that

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happened somehow the letter that i was preparing that i prepared for 700 north 23rd street got

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overwritten by the one for 3039 cambridge thank you i don't know what we do about that

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i don't know if i can forward that or share my screen for the for the letter um but the vote

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by the board was basically non-opposition on this and the reason for that is that we had

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um a total of 14 affected neighbors that voted on this and they were very evenly split

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um six in support six in opposition and two that said non-opposition

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when we extended it to the overall community it was a total of 25 in support nine opposed

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and two non-opposition and we also broke this down um because it is two variances involved here and

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and i brought this up in the community meeting and this was an issue with mr clinton

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the property at the time initially initially

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filed for the as of right permit back in June of last year and got the approval in June of last

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year for the four residential units and the one commercial unit. And they were able to get an

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additional residential unit by paying into the housing trust fund. They filed for an amendment

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to that and i believe it was in march of this year to add an additional parking spot

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they had completed the demolition of the improvements and the lot consolidation

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and they were starting on site improvements but they were not under construction of this plan

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before they filed for yet another plan which was for five residential units and no commercial

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and mr clinton has represented this as a swap because it's an existing project but

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it was really not existing at the time that they filed for this application and i don't see anything

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in the zoning code that says that you know this is an amendment of the prior plan it's it's a new

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plan it's a new plan for five residential units with no commercials so therefore we we ask the

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community to vote on those two variances. First, do you

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oppose or approve the request to eliminate the commercial unit?

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That was one vote. And within the affected neighbors, nine

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voted to nine voted to agree with that and the three opposed it but and within

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the greater neighborhood it was was still similar numbers to to approve it

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then when they voted on the addition of the additional unit it was again evenly

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split six in favor six opposed so that is a reason for taking kind of a non-opposition

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um there was no on the part of the affected neighbors there was no immediate um no no clear

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indication of um of their support for this and we place greater reliance on the affected neighbors

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and the community at large because they're the ones that obviously are impacted for this so the

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issue is really um not a swap um it's really

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it's really you know you got three options you can either build it as of right with the

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housing trust fund which is first floor commercial four units um you could always resort to the

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um he could always resort to the previous plan which was for single family residential that he

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previous plan which was for single-family residential

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did get approval for he could um if he gets this approval he could build five units or if he gets

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approval for um eliminating the commercial then he has approval for four residential units and

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those were the options available to us so the vote is you know what it is but um i think the

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issue here is presenting this as essentially an existing project that we have that we're forced

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into considering when in fact it's a new project and we shouldn't be forced into reviewing viewing

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this as an amendment because it's really not it's a new plan um and and the community split on this

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um hold on i acknowledge that running commercial on the on and off the main street location will

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be difficult i don't believe it will be impossible we have had a couple of new instances of that

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but you know the vote is what it is i don't know how um if i need to send the correct

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RCO notice, or if that's too late, if my testimony here counts, I hope council can advise me on that.

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If you could please email the letter just so that we'll have it for our records. Thank you.

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Okay. All right. Thank you.

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And Ms. Hoberg, to be clear, the letter, pages two and three, the verbiage actually describes

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the project that we're discussing.

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And I think your testimony is that

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there's non-opposition from Fairmount Civic, correct?

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Ms. Hilberg?

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Any other testimony in the virtual audience?

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There are no other heads at this time, Chair.

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Planning Commission.

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Thank you, Chair Bergman and Ian Hegarty

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for the Philadelphia City Planning Commission.

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Members of the board, comprehensive plan

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recommends no change to the existing commercial

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mixed use zoning at this location.

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However, with regard to the use variance

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for a ground floor commercial,

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the proposed use is consistent with adjacent uses

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on this block and the commission recommends the board

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grant the variance for ground floor residential use.

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However, with regard to the use variance

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for dwelling unit count,

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We believe that the applicant should not be granted the variance for the proposed number

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of dwelling units.

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The reason is that we believe that there is an existing pathway with the mixed income

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housing bonus and or the green roof bonus that's available to the applicant to achieve

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the proposed dwelling unit count without seeking a variance.

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And by granting this variance, the board would be sort of short circuiting an existing bonus

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program that's available to the applicant that they have chosen not to take advantage of.

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I understand there's, you know, been multiple revisions in this case, and, you know, some

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confusion might have arisen out of that, but we still see this as an additional dwelling unit

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that's being proposed without really a basis in hardship, and also being proposed when there's

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an existing pathway to achieve that number of dwelling units. And so on that refusal,

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that is the dwelling unit density refusal issued by lni we would recommend that the

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zoning board vote against it unless there's an opportunity for proviso requiring revised

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plans to conform with the dwelling unit density bonuses thank you may i comment on that just a

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slight revision to that that in fact that the for you I'm sorry chair that was someone else you can

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continue excuse me this is Sharon just I think my understanding and Mr. Clinton maybe can confirm

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this is that if you refuse the variance for the number of dwelling units the applicant would still

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be permitted to have four devolving units by right is that correct correct

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and i can address the planning commission comments is

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we have commercial on the first floor and if you say we can't make that commercial into residential

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you're basically saying that one of the other apartments is going to have more bedrooms than

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it has now so you're really not affecting the number of bedrooms the density is going to be

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the same and plus my client has already paid into the housing trust fund permitting

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And plus, my client has already paid into the housing trust fund, permitting an increase in the residential units and increasing in the height.

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So we have taken advantage of that, Dan, and that's why we're back here saying, okay, we have residential units already.

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The commercial and the first doesn't work.

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Expert testimony through Mr. Lundstein's testimony has been proffered before the board.

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And based on that, it just makes a lot of sense rather than having a dark, vacant commercial space and or having the same number of bedrooms just to have another unit, which then will make a smaller unit more affordable than if you have a large unit with multiple bedrooms.

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So I'm sorry if I may, Chair Bergman, just clarify the Planning Commission's position.

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We're not opposed to the use of the ground floor as residential space on this block.

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we support that the board grant the variance for residential use on the ground floor of this

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structure. And I thank you, counsel, for clarifying. I don't think that was mentioned on the record

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before. There has been a payment into the housing trust fund and an agreement signed between your

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client and the city? Absolutely, yes. Okay, thank you. Then we support the proposal as

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recommend uh sorry we also support the variance for the additional dwelling in that case thank

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you mr haggarty thank you mr clinton mi 2021 003067 700 north 23rd street i vote yes harold

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tenere my vote is yes jane snell my vote is yes thomas holliman my vote is yes thank you thank

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Thank you, Mr. Chairman and members of the board.

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Tanya, I think we're through the list.

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Yes, Chair, it appears as though we are.

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If I may ask the question of all in the virtual audience,

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are you waiting for a case to be heard that was not listed or called today?

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If so, please raise your hand.

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If not, then we will finish hearings for today.

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I see no hands at this time, Tanya.

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okay cheer we're all done thank you everyone bye-bye thank you bye

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okay good afternoon everyone

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my name is bill bergman and i will be chairing this afternoon zba hearings

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board members with me carolton eric our vice chair present thomas holliman our board member

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present mr chairman james snell our board member present mr chairman also present our zoning board

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administrator tanya sunkett and board attorney sharon saletta before we begin here is our virtual

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format. First, be advised this proceeding is being recorded by participating to acknowledge

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your agreement to be recorded. The video will be available by contacting our Board Administrator

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Tanya Sunkit at tanyasunkit at phila.gov. Second, for the benefit of our court stenographer,

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we ask attorneys and witnesses to ID themselves prior to speaking or testifying. Third, if you're

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participating by phone, if you wish to testify, raise your hand by pressing star 9, then star 6

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on mute. To enter an appearance statement, call 267-270-5548. Leave your email address and the

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address of the property in question the phone number again 267-270-5548 and finally

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if you have a question the question answer box is not for testament testimony or comments

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any comment should be directed to tanya sunkett our board administrator now we'll start with our

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Continuuses. I have three continuuses listed right now. Number six, MI 2021-003-722-19 and West

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Moreland Street. Number 8, MI 2021-003-735-201 West Hunting Park. And my number 16, which is

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MI 2021-003-757-897 North 45th Street. Does anyone have any issues or questions relative to the

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Does anyone have any issues or questions relative to the contingency?

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It continues.

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Chair, we have someone by last name of Woods.

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Ms. Woods, you can unmute yourself and wait for the chair.

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Ms. Woods, would you state your name, spell it for the court reporter?

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yes martia woods m-a-r-t-i-a woods w-o-o-d-s okay do you swear or firm to tell the truth

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the whole truth and nothing but the truth yes yes ma'am what what's your issue what are your

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comments she she just made me aware that i was a continuance i didn't hear my number called

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um chair this is number 13 okay

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sure

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okay um excuse me this the last time this was um listed miss wood said that she wasn't um

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sure about how to submit exhibits it was continued must be heard so right

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Ms. Woods, you're requesting another continuance.

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Ms. Woods, Ms. Woods, you're muted, unmute yourself please.

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My apologies, I am, I do have my exhibit package documentation ready to be shared.

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Did you send it in five days in advance of this hearing?

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Yes ma'am.

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Who did you send it to?

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to the zoning board the zoning board members and i'm sorry there were there were certain email

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addresses that you were um required to submit it to the rcozba mailbox and my email address

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suletazba gmail.com yes ma'am i did do that i don't have a record of having received it could

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Would you mind forwarding it to me now?

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Yes, me.

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So what we'll do is we'll go past this

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and we'll get back to you when your case comes up.

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Thank you.

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Okay?

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All right.

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So any other questions about the three that I mentioned?

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Chair, we have someone with the last name Genosia.

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Okay.

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Mr. and Ms. Genosia, you can unmute yourself

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and wait for the chair.

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