civus
Hearing video

ZBA Hearing - November 4, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 4, 20207h 39m

please raise your hand. He's available. Good morning, sir. Please identify yourself

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Now for the record, spell your first and last name, and I'll swear you in.

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Matthew Huffman, M-A-T-H-E-W, H-U-F-F-M-A-N.

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You're in the term to tell the truth, the whole truth, nothing but the truth?

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I do.

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And you're interested in this case?

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I'm the architect.

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Okay, Mr. Whelan.

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All right, Mr. Huffman, did you hear all of the representations and testimony that I presented in this matter?

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I did.

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And do you believe them to be true and correct to the best of your knowledge and belief?

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Yes.

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And would you adopt them as your own?

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I would.

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Okay. So just one quick set of questions then, Mr. Huffman.

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Did you perform an analysis of the neighborhood and housing types along Delmar Street in the neighborhood?

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Yes.

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All right. And how would you describe the neighborhood and Delmar Street?

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As you previously described it, you know, row houses, you know, twins.

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I mean, obviously you can see it on the image you're presenting right now.

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All right.

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Thank you very much.

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And just one final question.

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You know, the question hasn't been raised yet, but may come up.

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What would a buy-write project with single-family homes on these properties yield?

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well if we were to do rsa3 we would uh you know eight units seven to eight units i'm sorry you

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you believe rsd3 right which is what it currently i'm sorry yes okay so that would be seven or eight

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units with uh meeting all the dimensional requirements and and whatnot correct correct

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Okay. Thank you very much. And finally, in your professional opinion, does the redesigned project

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meet all the criteria for the variance grant? You mean for the CDR or for the...

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Sorry, under the Philadelphia Zoning Code, do we meet all the criteria for the grant of a variance

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here to have our project approved as revised? Yes. Thank you very much. Chairman, I offer

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up Mr. Huffman for any questions that the board may have any questions from the board no no okay

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okay you have all your witnesses uh last witness uh Ms. Sunket if you could

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Ms. Nancy Templeton should be raising her hand

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she's available

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all right thank you miss templeton uh sorry chair i'm jumping the gun

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no problem miss templeton please identify yourself spell your first and last name and i'll

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swear you in uh thank you nancy templeton ch planning uh that's t-e-m-p-l-e-t-o-n

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we're in a firm to tell the truth the whole truth nothing but the truth i do mr whalen all right

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uh if it pleased the board i'm happy to forego uh confirming miss templeton as a as an expert

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she's testified numerous times if i would relate to that thank you thank you uh miss templeton

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uh did you hear all of the testimony that i presented in this matter i did and is it true

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and correct to the best of your knowledge and belief? It is. And would you adopt it as your own?

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I would. All right. And obviously, Ms. Templeton, we've got time constraints today. So if you would,

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you prevent, you, sorry, presented an in-depth planning report as part of this project, correct?

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I did. Thank you. And that's incorporated in my exhibit package. So if you could,

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could you just provide the conclusion that you made or came to uh at your report for the board

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uh yes um i i do agree that the um the proposal

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I do agree that the proposed project meets the criteria for zoning variance.

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The Delmar Street block and the surrounding neighborhood have undergone significant change over the last 10 to 15 years.

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Rowhouse and single-family attached development have become the dominant development pattern despite the downzoning of the subject property and other surrounding properties to RSD3.

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the proposed development plan is consistent with the development pattern on the same and surrounding

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blocks the plan has been designed to protect sleep steep slopes on the property provide

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additional central green space introduce new pedestrian connections and provide a consistent

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and complementary streetscape design along delmar street and uh miss templeton just for

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clarification this was all your opinion is not with regard to the original plan but uh is specific

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to the revised plan we presented today yes okay thank you very much um mr chairman i present uh

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miss templeton for any questions or comments that the board may have thank you any questions from

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the board for miss templeton no thank you tanya i'm going to need a date all right um just one

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last thing that i realized i neglected to state for the board's benefit i'll show it on the screen

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here. While the RCO was wildly opposed, the only adjacent neighbor that is opposed lives right

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here. I believe he submitted a letter yesterday. We have support from all other neighbors,

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all other adjacent properties that I'm circling right now. So those letters of support have been

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there. And I believe that one of those members is actually, or one of those neighbors is actually

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holding on the line so let me ask you this you said that the near neighbors except for the one

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are in support they're in support of the revised plan correct uh the revised plan yes and how did

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they come about to see that is that through a meeting or just conversation so i apologize i

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was moving too fast um i can have mr di rienzo testify to this very quickly um mr di rienzo

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spent extensive time going door-to-door. He lives there. He's gone door-to-door formally.

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All right. We don't need his testimony yet. I just was curious how that came about. Okay.

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Okay. All right. We have a date, Tanya? I can get a date. I have promoted Sarah Alderfer,

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who represents the RCO. If you want to turn it, just put a record. But I can work at a date in

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the meantime okay uh good morning mr chair members of the board sarah aldifer s-a-r-a-h-a-l-d-e-r-f-e-r

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1500 jfk boulevard suite 800 philadelphia um i'm here today representing the coordinating rco rich

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park civic organization um do you swear and affirm to tell the truth the whole truth nothing but the

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truth i do please proceed um so mr chair um i understand that there's been discussion of the

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continuance um so that the list can move on and um i can then present a full presentation

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um i just wanted to note for the record that i have several objections to mr whalen's presentation

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um and i was not able to participate until this time when i was promoted to panelists so i'd like

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to preserve those objections for the record at this time, or if you like, I can discuss them at

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the continued hearing date. I think it might be better at the continued hearing date. I wanted

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to get Mr. Whaling's stuff all in, and the only thing I would encourage is I don't have the

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authority, but I would suggest that your client, you discuss with your clients, at least have a

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meeting uh with the applicant they can always still be against it but I don't I can't understand

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why they refuse to meet that just doesn't add up in my mind so uh again I can't Mr. Chair if I may

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um I would just like to add that this revised plan creates an additional refusal under table 14701-1

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of the code so our you know in addition to you know the practical issues of the meeting there's

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or procedural issue here of the applicant needing to obtain an amended refusal in order to proceed.

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So that's part of the calculus as well regarding a new meeting.

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Okay. All right. Mr. Chairman, I would simply just, you know, strongly object the revised plan,

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which was presented to zoning council and walked through and accepted as a proviso plan,

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does nothing to change any refusals that were granted. And in every way, shape, and form

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brings the plan more into compliance with any and all requirements of the zoning code it is it is a

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dramatic lessening and reduction of what we are seeking and asking all right and we'll

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and reduction of what we are seeking and asking all right and we'll we'll we'll we'll let you

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folks argue that at the continued hearing excuse me this is sharon slutt i would have one question

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for miss aldifer um are you requesting that mr whalen bring his witnesses back for cross-examination

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yes i am okay thank you okay tanya do we have a date

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or do you want to so we can actually do next tuesday let me just make sure

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i have a feeling it may be a little bit lengthy uh let's uh take that into consideration

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next tuesday at 2 p.m okay mi2020-001205209 delmar street is

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continued to chairman if i if i may um miss alder for i'm not sure if this affects you as well

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uh maybe the planning commission can confirm since i don't have it up in front of me i believe that

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november 10th is um uh whatchamacallit the next cdr date and i believe i have three projects going

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before cdr starting at one o'clock on that day yes november 10th is a civic design review meeting

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the planning commission meeting is november 17th okay um so if i may be so bold and rude as to ask

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could we push our meeting to the following week uh the 16th through the 20th that will also give

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us the opportunity if the rco changes its mind uh to meet with us next week um either informally or

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i guess not formally but informally

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do we have a date for that week

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if not we'll have to do it a week later we'll do december 15th at 3 30

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okay so mi2020-001205209 delmar street is continued to december the 15th at 9 30 a.m

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no 3 30 i'm sorry 3 30 p.m

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okay okay next case thank you um chair before you move on to the next case um we have had

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we've had a request on one of the add-ons that you heard earlier um mi 2020 001280 260 to 262

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Giger Street. Mr. Notkinson contacted me to request that the board revote this with a proviso

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clarifying that the existing previously approved uses are to remain. This would be consistent with

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the plans that were submitted and I believe what was submitted to the RCO. It would simply

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clarify what was approved when he attempts to get permits at L&I.

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why don't you since you have that information why don't you put that out there for the record

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and then uh do we need to revote it yes please all right mr mr chair and uh miss saleta i i thought

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that that uh might need me but i think that we are completely done and yes yes you and sarah thank

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you okay thank you very much for your time today and good luck with this long list

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thank you i apologize if i interrupted you no no you're you're you're right sarah thank you

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so geiger street right geiger geiger geiger i should also say that i had this on the add-on

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it is also on your regular hearing list i saw that yeah but i put that aside so we don't have

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we already heard that right right so it is do you want me to read please please do sure it's

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MI 2020-001280, 260-262, Geiger Road.

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All right, and what was the language?

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The requested proviso is

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existing previously approved uses to remain.

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So that would be the proviso for MI 2020-001280,

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260-62, Geiger Road.

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my vote is yes with the proviso

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that's just been read into the record by Ms. Saleta.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Address it?

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Is that the way

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we're okay with that, Sharon?

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Yes, thank you for re-voting it.

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Okay, thank you.

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Hold on,

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Professor, hold on one second, I'm sorry.

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How's our stenographer doing?

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You need a break?

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We have quite a few cases.

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i'm okay sure just give me a signal when you're ready all right thank you okay all right sorry

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I'm okay.

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Sure?

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Just give me a signal when you're ready.

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All right.

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Thank you.

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Okay.

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All right.

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confessor please proceed i'm sorry could i um ask about the case that we moved aside

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all right say that again the case that we moved aside

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yes okay i was want me to call that one in yes yep that's the one we were looking to see if we

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got the exhibits, correct? Correct, correct. As I believe it was. Okay. MI 2020-001209 1519 West

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Benango Street. Okay, and Lajon, is that? Yes. Is that how you pronounce your name? Yes, Lajon, yes.

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Okay. So unfortunately, the requested documents were not submitted timely. Therefore, this case

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will have to be continued. Okay. And we do apologize for that. No worries. But if you

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look at the documentation that was sent to you, there's a number of different emails that those

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documents should go to. Planning Commission, Sharon Saleta, the attorney of record for the

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zoning board and to the RCO ZBA. And when you're continued, those exhibits have to go to those

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boxes in order to go forward with your hearing, you will be notified of your new hearing.

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Okay, thank you. Thank you, Chair. Thank you. So MI 2020-0012091519 West Venango is continued.

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Next one up, MI 2020-00193, 214 West Oxford Street.

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This is Sharon Saleta, the attorney is Sean Ward and Mr. Ward has submitted revised plans, two pages.

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did i miss frankfurt

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frankfurt avenue's uh number eight on our list 39 45

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maybe i got lost where are we at confessor we're number four okay thank you 214 west oxford

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mr ward

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i am here good morning to all please identify yourself sir good morning

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good morning mr ward please identify yourself for the record

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okay good morning mr chairman john ward on behalf of the applicant joseph mcafree mr mcafree should

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be on the line too. I would ask it this time that he raise his hands so Tanya can at least

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identify his location on her board. My name is again Sean Ward, S-H-A-W-N-W-A-R-D, attorney

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for the applicant. My address is 331 East. You're kind of, something's wrong with your

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kind of freeze and we can't

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hear you and then you're back in. You're fading in

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and out.

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So this

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could be, Mr. Ward, a problem

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because of the

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video. So if it's okay

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with you, I'm going to stop your video.

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It might allow your

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connectivity to work better

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or internet service and let's try to

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go that way.

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Mr. Ward?

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Am I back?

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Yep.

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It's still happening.

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You're fading in and out.

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Okay.

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I stopped my video.

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