civus
Hearing video

ZBA Hearing - December 15, 2021

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

Yes, Chairman.

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Sure.

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I'd like to request a continuance for 1436 South 12th Street.

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Yep.

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We just wanted to have additional time to work with the RCO.

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That's great.

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That's great.

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That's for the court reporter. That's MI 2021-003-720-1436-South12.

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That's for the court reporter.

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That's MI 2021-003.

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Thank you. It must be tried. It must be heard.

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Thank you, Chairman.

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Thank you.

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okay number one mi 2021 003 716 140 south broad street jared klein rco center city

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resident association have a letter of non-opposition he's coming back in as a

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panelist now chair thank you i appreciate it good afternoon mr chair members of the board

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uh jared klein it's k-l-e-i-n from black rome 130 north 18th street philadelphia 19103

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you swear a firm to tell the truth the whole truth and nothing but the truth

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yes i do thank you uh our vice chair has a few questions hi mr klein do you agree to waive the

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reading of the referral and stipulate to its accuracy yes I do I'm assuming you've emailed

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the exhibit packet with all the required documents I have okay you may proceed thank you very much

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I will share my screen make sure everybody can see that and I do want to add there's a letter

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from the RCO Center City Residents Association in non-opposition you took the words out of my

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mouth thank you okay uh so i'm i'm pleased to be here this afternoon on behalf of the union league

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uh and this is it an expansion uh to their to their building to create uh some outdoor dining

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space on the roof uh the referral that we got is pretty straightforward um as the board is well

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aware uh because this is a cmx zone property uh having any non-residential use of a roof deck

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requires the special exception so that's what we're here for um is to use a create a new area

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on the roof of the building uh for an extension of their existing dining options and to provide

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some outdoor space just to orient the board this is the property here i'm sure everybody is very

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familiar with the location of the union lake building located here uh and just for for context

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Next, this is the existing building, though from this angle you would not be able to see

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the addition that's been contemplated.

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This is a rendering of what the design will look like for the rooftop area.

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They're creating a small terrace space here for outdoor dining.

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There's going to be indoor seating here and then the back of the house that will have

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kitchen and other facility items because the building does not lend itself to be able to

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get food from the current kitchen location in the basement up to the roof. So we're doing a

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secondary kitchen there. The addition itself is set well back from Broad Street, so you will not

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be able to see it from the Broad Street frontage. In fact, you will barely be able to see it from

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any of the surrounding streets. And I'll show some sight lines in a moment just to give the

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board a sense of what they're looking at here. Here's the area of the of the addition. You can

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see that the sight lines are very very minimal from Sansom Street, Moravian Street, which is

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essentially a service alley. And then even on 15th Street, the actual addition is set back from the

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mansard roof. So visibility will be extremely limited. This is just some additional detail on

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how we're putting this in with the existing parapet walls and then just to show a conceptual

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rendering of what it would look like when it's done the intention here is to have very soft

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lighting and have it be minimally disruptive to the existing buildings that's currently surrounded

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as the vice chair mentioned we did have a meeting with CCRA their letter of non-opposition is

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included here on the screen and i'll also mention that we were very pleased to get the approval of

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the philadelphia historic commission uh last week on december 10th um so that we have gone through

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and gotten approval from the historic process also um at this point i will ask uh if scott lute

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can uh raise his virtual hand so he might be able to adopt my testimony scott are you there

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mr lute you can unmute yourself and wait for the chair

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please sir state your name and spell it for the court reporter good afternoon my name is scott

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ludy s-c-o-t-l-u-t-t-e i'm an owner yes yes i do thank you great thank you uh scott did you

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great thank you uh scott did you have a chance to hear my presentation yes i did yes i did do you

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a chance to hear my presentation yes i did yes i did

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adopt everything i said is true correct in your own if you've been given the chance to testify

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yourself yes great uh thank you very much uh mr chair we're here to answer any questions the board

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may have but that concludes our presentation questions from the board no no question is from

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the virtual audience i see no hands at this time chair planning commission good afternoon david

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fecteau f-e-c-t-e-a-u with the city planning commission you swear for him to tell the truth

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the whole truth and nothing but the truth yes sir i do okay sir thank you sir mr chairman members

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the Board. The comprehensive plan recommends no change to the commercial and residential mixed

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use zoning for this property. The applicant has shown that the addition of a roof deck

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will have no more of an impact than a roof deck might expected to have at this location.

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We recommend that the Board grant a special exception. MI 2021 003716 140 South Broad Street.

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yes sure i'm i'm sorry to interrupt i wanted to note that we did submit a revised plan i do i i

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i have that we have i'm going to say that with proviso four pages of a revised plan thank you

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very much sorry to interrupt i vote yes i vote yes uh carolton airing my vote is yes with proviso

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james snell my vote is yes with proviso thomas holliman my vote is yes with proviso

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Thank you very much, Mr. Klein. MI 2021 003719 1537 Cecil B. Moore Avenue, Vern Anastasio,

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RCO Beach Community Services as a letter of support.

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Chair, Mr. Anastasio is coming back in as a panelist now.

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Thank you.

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Good afternoon, Mr. Chairman and members of the board.

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How are you?

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Can you state your name and spell for the court reporter?

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Sure.

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It's Vern, V-E-R-N, Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Philadelphia, Pennsylvania,

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19107.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do, sir.

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our um vice chair has a few questions yeah mr anastasia do you agree to wave the reading of

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the refusal and stipulate to its accuracy i do and i'm assuming you've emailed the exhibit packet

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with all the required documents i have okay you may continue thank you i'm going to share my screen

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if i can uh this is 13 1537 cecil b moore avenue it's a referral and our application is for take

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out restaurant with a walk up window at the first floor with previously approved three family

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dwelling above i'll walk you through this is going to be a uh everyone who goes down the

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shore knows core brothers right this is basically um philadelphia style core brothers it's going to

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be a uh an ice cream parlor uh with um we're going to have a service window counter a menu billboard

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some prep space and a restroom in the rear trash will be stored in the rear yard which is 18 feet

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there'll be commercial trash pickup let me pull back here so you can see the this is the property

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in question this is the interior photos we'll get to beach companies which we met with uh and of

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course they uh they've given us a letter of support for this i'm not quite sure if ms jones

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Mary Jones is on the Zoom. If she is, I'm sure she would like to weigh in. Otherwise, here's

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the letter that went out to all impacted neighbors. And we also have, there was a tax compliance

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issue, which has since been cleared up as of two days ago. So there's that. And here's proof of

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mailing to 83 individual households for impacted neighbors so if you enjoy ice

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enjoy ice cream, then I ask respectfully that you approve this appeal. Thank you, Mr. Chairman.

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cream then I asked respectfully that you approve

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Would you want your client to adopt your testimony?

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I would. Dimitri, are you there? If you could raise your hand, Dimitri.

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Mr. Carolus, can you unmute yourself and wait for the chair?

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Yeah, am I unmuted? Can you hear me?

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Yeah, could you do me a favor, state your name and spell for the court reporter, sir.

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Demetrius Corrales, K-A-R-A-L-I-S.

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First name Demetrius, D-E-M-E-T-R-I-O-S.

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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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Okay.

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Thank you, Mr. Chair.

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Demetrius, did you hear my presentation to the board today?

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I did.

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And was it true and accurate to the best of your knowledge?

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True and accurate.

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And would you adopt it as your own testimony?

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I would.

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Okay, then I move everything into evidence, including the testimony of my client, and I respectfully request the granting of the variance, and I'm open for questions. Thank you.

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Questions from the board?

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No, Mr. Chair.

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No.

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Questions from the virtual audience?

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Chair, we have Ruth Medina. Ms. Medina, you can unmute yourself and wait for the chair.

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

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You're still muted.

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If you can unmute yourself.

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Hello?

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Hello?

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Yes.

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

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Yeah, it's Demetrius again, I think.

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Oh, I'm sorry.

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Never mind.

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Demetrius, we're okay.

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Okay.

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Thank you, sir.

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No problem.

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Are they still on the line?

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Okay.

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Any other comments from the virtual audience?

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Hello? Chair, we have Ruth Medina. Okay.

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Hello, this is Ruth Medina. Hi, could you do me a favor? Could you state your name and spell it

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for the court reporter? Sure. My name is Ruth Medina, R-U-T-H-M-E-D-I-N-A. I'm an

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spanish interpreter i would send uh uh this uh do me a favor we're gonna we're gonna call you in

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in in in five minutes we'll give you your get off the phone we'll get back to you in five minutes

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okay thank you sure okay i'm sorry i'm sorry chair um miss medina could you please just wait don't

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get off the phone because we just lost the other interpreter just wait and we'll be with you in a

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minute. Okay. Thank you. Planning Commission, please. Good afternoon, David Fecto, City

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Planning Commission, Mr. Chairman, members of the Board. The comprehensive plan recommends

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no change to the commercial and residential mixed use zoning for this property. The applicant

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has permits from 2019 for vacant commercial with three residential units, a takeout restaurant,

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and the impacts it would have are what a reasonable person would expect to find on a commercial

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corridor. We recommend that the board grant the special exception. Thank you very much, sir. MI

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2021-003719-1537, Cecil B. Moore Avenue. I vote yes. Carol Tenere, my vote is yes.

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James Snell, my vote is yes. Thomas Holliman, my vote is yes. Thank you, counselor. Thank you all.

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okay

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Tanya what's our next

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what's the number in this case

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for the

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the interpreter

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we'll call that now

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I think it's number

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is that 15

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I think yes

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I'm sorry I'm away from my computer

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okay no

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no it's not 13

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no it's number 15

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15 okay good

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MI-2020-002812, 830 East Thayer Street.

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Mr. Ramos, no RCO letter.

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Sir, could you come back on, please?

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Hi.

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hi hi do me a favor just state your name and i'm going to get to well let's let's get the

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interpreter on too interpret in spanish carl yep yep okay thank you carlos could you could

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you spell your name for the our court reporter carlos por favor

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C-A-R-L-O-S

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R-A-M-O-N

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L-A-N-T-I-G-U-A

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D-I-A-Z

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Carlos Ramón

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Lantigua Díaz

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C-A-R-L-O-S-R-A-M-O-N, La Antigua, L-A-N-T-I-G-U-A-D-S-D-I-A-Z.

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

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Jura y declara que dirá la verdad, solamente la verdad, y nada más que la verdad.

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yes interpreter could you could you um tell us your name and spell it for us too and we'll swear

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you into my name is ruth medina r-u-t-h m-e-d-i-n-a i raised my hand okay do you swear a firm to tell

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the truth the whole truth nothing but the truth i do okay um can you tell carlos to to uh

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Well, first, Vice Chair, could you ask the questions to the interpreter that we need to know?

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Okay, I'll be happy to. To the interpreter, can you ask Carlos if the exhibit packet was mailed in, emailed in, which consists of proof of ownership and tax compliance?

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Madam Vice Chair, if it would help, I can confirm that we did receive the required exhibits.

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Okay, to the interpreter we have everything and you may proceed.

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Ms. Medina.

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Carlos, please proceed with your presentation.

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can we pause for a second

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um this is the administrator um can um you provide exhibits on the screen

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uh my name is carlos uh carlos lantigua and i decided to buy the property that is in 830

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tire street and decided to make it two apartments. The cost is very expensive here, so I'm planning

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