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Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

But these are the plans.

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Basically, this is the front renovation of the property.

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And then we have the, let's see if I can get a better picture.

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Thank you.

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What's going on, let's pitch a little bit.

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I'm having a lot of trouble with that.

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Excuse me, ma'am.

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This is Pauline from IT.

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I was just wondering what kind of trouble you're having.

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Yeah.

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Let me just see if I can read.

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Sure.

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So you can see the point in a little bit.

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i apologize it's fine

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here we go

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okay here we go so you can actually see here basically we have a empty basement the first

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the living room dining room and kitchen the second floor has uh excuse me women and this

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is pulling from IT. Again, it just zoomed out to 10%, so you might want to zoom back in for the

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board. Is that better? That's fine. Yep. Yep, that's good. Okay. So we have a basement with

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utilities only. The first floor has a living room, dining room, and a kitchen.

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the second floor has a the third floor has the fourth bedroom with the master suite

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we did uh sent out a notice uh to the community

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have the uh certificate of mailing receive a letter of support from the fish town neighborhood

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association to answer any questions that you may have do you do you want to have your client come

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adopt a testimony?

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Sure.

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Ms. Yang, are you present in the hearing today?

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Ms. Yang?

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Sarah, I don't see anyone by that name

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with their hand up at this time.

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Her name is Pidor, P-I-D-O-R, Yang.

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Sarah, she just raised her hand.

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Ms. Yang, you can unmute yourself

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and wait for the chair we are on mute could you do could you state your name and spell for the

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court reporter please yes my name is pidora yang first name p-i-d-o-r last name y-a-n-g

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do we swear firm to tell the truth the whole truth and nothing but the truth

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i do thank you ms shang presented today i'm sorry darling i didn't get the full question

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only as presented today yes would you adopt it as you yes at this time we're

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willing to take any questions from the board questions from the board no mr chairman

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Chairman. No, Mr. Chairman.

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Questions from the virtual audience? Comments?

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I see no hands at this time, Chair. Planning Commission?

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Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, in 2015, the zoning map was amended from RM1 to CMX2 in accord with

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recommendations from the comprehensive plan however uh as presented here by council the

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existing structure is not configured for ground floor commercial use presenting a hardship city

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planning commission recommends that the board grant this variance thank you mi 2021-003-463-725

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east rod avenue i vote yes carol tenere my vote is yes thomas holliman my vote is yes james snell

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my vote is yes ishmael shaheed my vote is yes thank you very much is there anyone in the

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audience whose case wasn't heard still waiting for a case

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i see no hands at this time chair all right

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i see no hands at this time chair all right we're we're gonna we're gonna break for lunch

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and we'll be back at two o'clock thank you everybody all right

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Are we on?

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there you go sir you're good to go okay good afternoon my name is bill bergman

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and i will be chairing the zba hearings this afternoon with me is carol tenary our vice

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chair present ismail shaheed our board secretary yes dear thomas holliman our board member

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President Mr. Chairman James Snell our board member

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President Mr. Chairman also here is our board administrator

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Tanya Sunkit and our board attorney for the day Rebecca Cole

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before we start just a few comments about our virtual format

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one be advised the proceedings are being recorded

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participating you acknowledge your agreement to be recorded

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A video will be available by contacting the Board Administrator, Tanya Sunkett, at tanyasunkett at phila.gov.

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Two, for the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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Three, if you are participating in my phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and your address of the property in question.

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That phone number is 267-270-5548.

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And lastly, you'll see there's a box that says question and answer box.

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It is not intended for any comments.

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Any comments should be directed to Tanya Sunkett, the Board Administrator.

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So let's look first at continuances for the afternoon.

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Our first continuance that I want to mention here is our number five, MI 2021-003951-20

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West Queen Lane. It's a contingence requested by the attorney. Is there anyone in the virtual

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audience who want to have a comment about that or object? I see no hands at this time, Chair.

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That case is continued and must be tried. We also have

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Case number 12. MI 2021-003952-6237-45 Germantown Avenue. There's an attorney, Mr. Scherner,

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who wants to request a continuance. I want both attorneys to be put in the queue to talk,

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Adam Laver and also Mr. Scherner.

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Mr. Laver, you can unmute yourself or wait for the chair.

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Good afternoon, Mr. Chairman.

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Adam Laver of Blank Rome on behalf of the applicant, Hatch Real Estate.

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Mr. Laver, could you spell your name for the court reporter?

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Yes, Chairman Bergman.

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

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Yes, I do, Mr. Chairman.

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Okay.

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How about the second attorney?

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What is his name, Chair?

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Sharmer.

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Mr. Sharmer.

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Yes, good afternoon, Mr. Chair.

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

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Yeah, Mr. Schirmer, just state your name and spell for the court reporter, please.

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Good afternoon. First name is Hal, H-A-L, last name Schirmer, S-C-H-I-R-M-E-R, representing neighbors.

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All right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Mr. Schirmer, I understand your request and it continues.

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Yes, Mr. Schirmer.

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The reason why is I was just recently retained to look at

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uh the reason why is i was just recently retained to look over the record in this appeal when

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looking at the record and looking at the prior zbo it turned out the sorry the prior rco zoning

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hearing many people did not receive notice of the rco hearing and it was necessary to schedule a

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second hearing we've had a fairly similar situation where a lot of people did not have

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enough time to find out about this particular issue and also looking back it turns out that

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that this is one of uh two properties which are the main parts of this zoning district which is

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scheduled to be rezoned as part of the germantown 2035 uh logically it makes sense to have pushed

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this in front of the planning commission rather than have probably two variances going through

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and then rezone it. Second, as I said, I just came on to the case. Finally, I just found out

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yesterday that one of the city officials had been advising the neighbors that they probably didn't

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have legal standing to participate in this public zoning hearing, and therefore they shouldn't be

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involved. In order to cure those problems, I would like a continuance so that we can go back

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and clarify that no, actually the Philadelphia Code 14303, I think it's, sorry, 14303-14E

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actually says interested parties get to speak, worry about who is standing after the zoning

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board has made a decision. So that combination that the record, the RCO letter confirms that

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they've had problems getting noticed to people, I just got on the case and we had some active

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misinformation that no you really shouldn't be talking at this public hearing in order to clear

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that and give a reasonable chance to actually get people involved and meet through process i'm

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requesting a continuance mr labor you want to mr labor could you thank you chairman bergman and

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members of the board thank you for the opportunity to to respond uh this this matter actually has

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been one of the most well attended community meetings that I can recall going back to October

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of 2021 with two virtual meetings having approximately 70 plus community members

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attending both times lots of dialogue in between the meetings over the course of a two and a half

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month period uh the uh notice was uh properly made there were no issues with the notice uh and uh

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in fact all of the rcos including the coordinating rco have entered into a community benefits

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agreement and uh this has been an open process completely in line with the zoning code

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uh respectfully a continuance would not be appropriate at this time

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Chairman.

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Yes.

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We also have a council representative here.

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We have Mr. Charles Richardson on the line, and we also have the city attorney, Mr. Leonard

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Ruder on the line.

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They're both unmuted, waiting for your instructions.

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Okay.

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Tell them.

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Mr. Richardson can be unmuted.

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We only have the attorneys present now.

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Thank you.

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Good afternoon, Mr. Chair.

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How are you, Mr. Richardson?

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what what mr richardson do you have comments on this

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mr richards okay he's lost okay so so mr shermer um you know mr uh um um for for both of you here's

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where we want to be i i don't want to continue this today i want this to go on so this will be

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case number 12. You know, please hang in there. We'll get to you. We're going to hear the case

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today. Thank you, Mr. Sharman, members of the board. We'll be on standby. Mr. Sharman, did you

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hear that too? Yes, I did, Mr. Okay. Thank you very much, both of you. Okay. I have one other

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one other case that was from this morning that we're going to continue to Tuesday.

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MI 2021-00-3486-929-NORF 40th Street.

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We're going to hear that Tuesday morning at 930.

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Mr. Anastasio will notify all the RCOs that are involved.

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Are there any other continuances?

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Any other requests for continuances?

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Chair, we have Alan Knackleton on the line.

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

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Yes, good afternoon, Mr. Chair. Alan Ockamson.

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Could you spell your name for the court reporter just so we…

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Yes, Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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Yes, Alan, A-L-A-N, last name, Ockamson, N-O-C-H.

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

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I do.

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Okay. Go ahead, sir.

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Yes, I actually have two continuance requests, the first of which is 1250 North 18th Street under ZP-2021-009003.

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Okay, that's fine. 1250 North 18th, right?

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That's right. I believe that's number two on your calendar, Mr. Chair.

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Yep, yep. And what's the other one?

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And number six on your calendar, Mr. Chair, 3440 North 18th Street under ZPP-2021-009386.

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Very good. Thank you, sir.

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Thank you.

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Any other requests for continuance?

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There are no other questions at this time, Chair.

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Thank you. We have two add-ons we want to do, and we spoke about these in executive session.

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MI 2021 002464 1128 North 41st Street. I vote no.

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Carol Tenere no. Thomas Holloman. My vote is no. James Snell. My vote is no. Ishmael Shahid. My

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My vote is no. And MI 2021-01486, 2427 North A Street, I vote yes.

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Carol Tenere, my vote is yes. Thomas Holloman, my vote is yes.

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James Snell, my vote is yes. Ishmael Shaheed, my vote is yes.

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okay toward our our cases here we mi 2021 00362 1022 buttonwood street

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matt monroe is the attorney rco philadelphia chinese development corporation letter of

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non-opposition the rco has a letter of support mr mr monroe is coming back in as a panelist now

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Very good.

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Good afternoon, Chairman Bergman, Vice Chair Tenere.

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

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Sure thing, guys.

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Matt Monroe, M-A-T-T, M-O-N-R-O-E, with Monroe LLC, 2030 Pemberton Street, 19146.

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Right.

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

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I do.

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Our vice chair has a few questions.

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Boy, what just happened?

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Can you see me?

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Yeah, I can see you.

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Okay.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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And based on my notes, it appears that all the required documents have been submitted, so you may proceed.

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That's correct, Ms. Tenere.

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and thanks for your time and it's a pleasure to appear before you for the first time Mr. Bergman.

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I'm here today happy to be back on 1022 Buttonwood Street with my clients Houndstooth Tattoo and one

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of their principals Andrew Johnson Lawley who's also here as well. I have before you our evidence

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