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Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

Thank you.

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okay mr chair we have 22 attendees in the room right now you may begin thank you good morning

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everyone my name is frank de chico i'm the chair of the zoning board of adjustment

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i'll be participating in today's hearing along with our vice chair ms carol tenere

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board secretary confessor plaza and board member mr james snell board administrator mr jason hand

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and our board attorney, Melissa Freeman, are also in attendance.

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

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

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded

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and that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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

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you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat that.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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And I would like to remind everyone, please do not attempt to testify in the chat.

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Any comments, concerns, or issues, please bring them to the attention of our Board Administrator, Mr. Jason Hand.

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Okay, with that, we'll begin with the 930 add-on list.

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number one mi 2021 dash zero zero one one one one one one one nine one seven denny d-e-n-n-i street

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uh request for reconsideration my vote is yes uh for uh rehearing a reconsideration must be heard

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Carol Tenere, my vote is yes to all of them.

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Confessor Plaza, yes to reconsideration and rehearing.

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James Snell, yes to reconsideration and rehearing.

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Number two on our list, MI 2021-001763, 3617 Helen Street, my vote is no to reconsideration

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and rehearing.

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Carol Tenere, my vote is no to rehearing and reconsideration.

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Confessor Plaza, no to reconsideration and rehearing.

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James Snell, no to reconsideration and rehearing.

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For three on our list, this is a vote only.

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MI 2021-001313, 25 Herman Street.

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There was a letter of non-opposition from Councilwoman Bass.

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There is a proviso.

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My vote is yes with proviso.

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Trash stored in rear yard.

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Harold Tenere, my vote is yes with proviso.

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Confessor Plaza, yes with proviso.

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James Snell, yes with proviso.

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on our list, MI 2021-001-169, 723-27, South 17th Street. There is a letter that was sent in by

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SOSNA, South of South Neighbors Association, that I will ask Ms. Freeman to read into the record.

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Bear with us. It's a lengthy letter. Thank you. Yes, Mr. Chair. This letter is from SOSNA. It's

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dated August 19, 2021.

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Dear Zoning Board members, the above-referenced application

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appeared before the community at the August 18, 2021 meeting

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of the SASNA Zoning Committee.

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The application is for the complete demolition

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The application is for the complete demolition of an attached structure facing Chadwick Street with an existing attached structure with use as three single-family dwellings facing 17th Street to remain.

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of an attached.

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The erection of an attached structure with three roof access structures and roof decks above third floor level accessed by pilot houses facing Chadwick Street.

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The applicant for the project presented to the Saza Zoning Committee and community.

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The proposal is to demolish three attached buildings to build three new construction single-family homes on Chadwick with mansard roofs.

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The units are part of an existing condo association for buildings on 17th and Chadwick Streets that share a common outdoor courtyard.

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The three-story single-family condominium homes will duplicate the existing home footprints to maintain the existing common area.

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And because the back half of the lot on Chadwick Street is zoned RSA 5, they do not need to put in duplexes to keep it consistent with existing conditions.

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Proposed features in the design are a window transom above doors, two double-hung windows,

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a pronounced cornice line between second and third floors, a mansard roof with shed-style

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dormer windows, setback of the roof deck with open metal railing, and pilot houses toward the

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center of the property. The applicant stated that there are primarily two-story homes on the block

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but a few homes receiving third-story additions with roof decks. The existing homes had a keyway

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alley that the applicant cannot technically close off so it will exist in the proposed project

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to create a legal egress for occupants.

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The Sazna Zoning Committee asked questions and made comments.

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One member was glad that the Cornus Line and Mansard have been added.

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He also asked where the steps to the Keyway Alley will be.

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Steps will be completely within the alleyway, used to come out on the sidewalk.

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Another member stated their support for replacing these with single-family homes and believed it's

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a good use of the site. One zoning committee member requested that signs be placed at the

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end of Chadwick during construction to alert drivers that they cannot turn down the road.

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A member requested any external lighting be downward facing, that the builder provide water hose spigots to maintain planter boxes, provide street trees where available, and possible trees or shrubbery in the shared space in the back.

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The North of Washington Avenue Coalition Zoning Committee asked questions and made comments.

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They appreciate that the applicant lined up windows on either side of the building.

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A NOAC member asked, what does the condo association share?

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Rear yard?

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She also asked, what is in the basement?

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Open area with a half bath, no living quarters.

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And where are the egress windows?

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They're in the rear because the sidewalk is too small in the front.

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They then proceed to ask how high the egress window is off the floor.

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Maximum is 44 inches, window is 5 feet tall.

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The floor was then opened up for community questions.

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An attorney representing near neighbors asked some clarifying questions about the project.

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Should the 8-foot setback apply to third story?

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720 South Chadwick had a permit for a third-story rear addition, so they are allowed to go up without the setback.

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716 and 718 South Chadwick also has third-story without a setback.

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Third story without a setback.

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What is the hardship?

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What is the hardship to build multiple buildings on one lot?

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Existing condo association that originally had eight units there.

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This is in parentheses.

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Existing condo association that originally had eight units there,

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semicolon, undoing condo association that would not be feasible, semicolon.

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if subdivision there would still be a variance for the lot sizes because they don't meet

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the 1,440 square foot lot size. One neighbor believed that the rendering

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shows that the sticks out to the character of the block. Let's see, one neighbor believed

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that the rendering shows that the design sticks out to the character of the block. However,

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there are some existing three-story homes under construction with mansard and dormers as evidence

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in street photos. Another neighbor asked about the location of OPA records. They are in Philly's

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Atlas but may be listed under another address. One neighbor asked if the applicant owns all six

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properties. Applicant owns some of the 17th and Chadwick. Is the applicant getting zoning approvals

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for multiple owners? Yes. How many owners on Chadwick? Two units, one owner, applicant.

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A near neighbor asked what the condo association's responsibility.

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Okay, excuse me. A near neighbor asked what is the condo association's responsibility and how

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did it get to this point of disrepair? Eric represents owner of CA in charge of maintaining

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meaning everything outside of the unit, sidewalks, common space, no removal, et cetera.

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Wanted to do new construction because homes on Chadwick are old and have had renters.

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Believe the neighborhood would benefit from owners.

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The same neighbor asked if there would be a clause to prevent them from turning this into rentals

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and therefore falling into disrepair.

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Can speak to their lawyer.

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It was then asked to clarify what assurances the impacted neighbors would have that the property would not fall in disrepair again.

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Condo Association is only responsible for the outside of the properties, and it will be new construction.

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A neighbor asked about the hardship to demolish them rather than renovating them.

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Structures are older and want new construction on the block.

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There was concern from near neighbors about whether or not this property owner has paid taxes on this property in the past and whether this condo association will be able to maintain the new properties so they do not fall into disrepair again.

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It was agreed that the applicant will take out insurance to protect next-door neighbors from demolition in accordance with City Council Bill 210389.

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After the discussion, SOSNA took a vote on the proposal yielding the following results.

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SOSNA Zoning Committee in support, 5.

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In Opposition, zero. In Abstention, zero. NOAC. In Support, zero. In Opposition, one. In Abstention, zero.

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Community at Large. In Support, five. In Opposition, five. In Abstention, one.

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near neighbors being a subset of community at large and support zero in opposition five

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in abstention zero therefore sasna respectfully takes a position of in bold letters deferral

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to reflect a lack of consensus of neighborhood voices on this project thank you for your time

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and attention to this matter very truly yours murray spencer chair of sasna zoning board

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thank you thank you very much melissa appreciate that all right uh having said that uh mi 2021-001169

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723-27 south 17th street my vote is yes with proviso revised plan two papers approved today

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my vote is yes with proviso. Professor Plaza, yes with proviso.

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James Snell yes for proviso. Number five on our add-on list will be moved to 3 30 and we're doing

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James Snell, yes with proviso. Number five on our add on list will be

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that because Mr. Holloman is not present this morning but he will be present this afternoon.

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Having said that I will now go to the regular list. Case number 11 MI 2021-002 381 3861 Fairmount

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Avenue is requested to be continued by Attorney Alan Notkinson as is number 12 on our list MI 2021

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that's 002 382 3930 Brown Street continuance request by the attorney Mr. Notkinson.

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If anyone disagrees with the request for those two continuances please raise your hand at this time.

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Only if you disagree with those two requests for continuances.

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Hands at this time, Mr. Chair.

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I'm sorry, I can't hear you, Jason.

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Excuse me, no hands at this time, sir.

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Okay, thank you.

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I will now ask, would anyone like to request a continuance or withdrawal on the 930 list?

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To raise your hand now.

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If you would like to request a continuance or withdrawal for the 930 list, please raise your hand at this time.

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The Chair, Mr. Alan Nockamson, has his hand raised. I will allow him to speak right now.

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Thank you. Good morning, Mr. Nockamson. Please identify yourselves by your name and I'll swear you in.

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Yes. Good morning, Mr. Chair, members of the board.

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

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

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I do.

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Thank you. Please proceed.

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Yeah, Mr. Chair.

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Do you agree to wait the reading?

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No, no, no, Carol, Carol.

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Wait.

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He's responding to the request for continuance.

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oh okay my mistake no problem no problem proceed mr mr mr chair i would uh as a moving party um i

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would ask uh that we uh remove from the hearing list uh 3125 north 35th street

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we're trying to work with the community on a resolution of this matter

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3126

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is it

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31

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North 35th Street

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what number is that on our list

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number 10

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you're asking for continuance

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or attorney moving party

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attorney moving party

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without any objection

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MI 2021-002

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383

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3126

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north 35th street attorney moving party thank you anyone else requesting a continuance or withdrawal

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on the 930 list please raise your hand

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no further hands at this time mr chair thank you okay we'll now go to number one on our regular

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Our list, MI 2021-001-434, 1132 South, 56th Street, this appears to be a pro se, Janet

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Sharp, and or Sonia Walls.

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miss walls has been allowed to speak sir good morning miss walls please spell your full name

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and i'll swear you in i'm sorry um chair this is the tanya the administrator mr hand can we

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promote her she's presenting i apologize i didn't know you were with us i failed to mention that

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earlier no worries here thank you jason hello join coming in as a panelist

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miss walls please unmute yourself please

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okay can you hear me yes please spell your full name uh sonia s-o-n-i-a walls w-a-l-l-s

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you swear affirm to tell the truth the whole truth nothing but the truth

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yes sir are you a property owner yes sir partial okay uh please proceed with your testimony

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Okay. Please proceed with your testimony. And if you have any exhibits, please share them with us.

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and if you have any exhibits please

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Hold on. I'm sorry. I got ahead of myself. I apologize.

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Yes, you did.

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I apologize.

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hi miss waltz have you emailed the exhibit packet with the required documents consisting of proof

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of ownership tax compliance a copy of the refusal or referral photos under plans of the property

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

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yes okay you may proceed

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okay uh the property belongs to my great-grandmother um my mother received it and

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i just recently my mother is um sick so i recently put my name on her deed so that i can help fix the

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property up um it's it's been in disrepair for a while now um so i requested um zoning in order to

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get the property um to fix it up in order to enhance the neighborhood uh miss walls pardon

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the interruption do you have any exhibits to show us what it is you're proposing to do with the

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property yes all that was sent to you guys you don't have any of it we we need for you to help

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