civus
Hearing video

ZBA Hearing - September 14, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 14, 20225h 12m

neighborhood. We almost never see activity there unless there's sort of an illegal party that's

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going on too late or something like that and police are involved and that has happened four

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times um neighbors had to call since um april of 2021 um in our original letter in our agenda we

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listed a number of issues um why the neighbors do not want any um the art studios are fine as

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studios studios and banquet halls parties discotheques are totally different types of

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operations abutted to residential neighbors. There are 59 affected addresses nearby this

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property, and there's three affected RCOs within the boundaries of this property. Of the three

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affected RCOs, one of them was chosen by the council office as the RCO coordinator, and our RCO

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also attended the meeting. There were no affected neighbors at both meetings, not one. Also,

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the RCO coordinator engaged in some illegal activity at both meetings, which caused the

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meetings not to be completed. This is unfair to the applicant and their clients because that's

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not what they're expecting. And they leave the room or the virtual room and expect that we

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continue the meeting and vote and talk about any other issues. In both cases, the RCO coordinator

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was manipulating the technology. For example, I was cut off of participation. I was hung up on,

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and then I called back to participate. I thought it was a technical error, and I sent screen print

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evidence that I tried to call in 24 more times and was not allowed to complete the meeting. Each

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time, it was like children playing on the phone, and I was sent to a waiting room, and I could hear

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are parts of the conversation, which is why I knew there was no vote. I did recognize one person

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in the audience who was not an RCO, who I know she lives in Tioga. I know she's honest. She's a

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pastor. And she was participating, but she's not from that immediate area. The property is listed

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for sale on the market, which I also reported, and constantly allowing these variances or

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enhancing the value of the property, those uses that have been granted, they're commercial.

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Some of them will, you know, exist fine next to a residential area, but in most cases,

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because the occupancy is not there, these variances are only serving to make the building

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more valuable to the owner, who seems to be trying to get $7.5 million for this building

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as soon as possible, so he wants these variances to be granted. He has an upcoming hearing with

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another variant appeal application that he's trying to reinstate some of these uses because

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they have not been occupied. They've not had tenants. So the neighbors feel, though,

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the affected neighbors feel, though, many of these tenants that are presented to us are

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faux tenants. They're not real tenants. And the leases are not signed. They're not notarized.

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This is what we've been experiencing.

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So so I I think what let's put it here. You you're against this at this point. Is that right?

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Yeah, but we need our reasons on the record because we were against it before.

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And you're with Swampoodle. Yeah. OK. All right. Well, thank you very much.

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We appreciate you calling in. Is there anyone else?

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i see no further hands mr chair i'm sorry go ahead yeah if if members of the board would like

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me to address you know i can address mr richardson's comment about not being um uh not being

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notified of that second meeting um that second meeting was at the behest of the the rco uh the

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rco sent out those notifications um and i i is my understanding i assume that you know the rco

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send out notifications to everyone who should have been notified. My engagement of Mr. Richardson

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again toward the end was copying on emails an email thread that was already established that

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we continue to communicate on. So I was unaware that he was not invited to that second RCO meeting

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and to address some of the issues that Ms. Fernandez brought up. One you know the owner

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selling a property um it's not an issue uh for the zoning board um to uh miss uh

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uh for the zoning board um to uh miss fernandez did submit you know some names of neighbors um

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however she mentioned no no near neighbors showed up at the uh community meeting which is the proper

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venue uh to voice those concerns um all neighbors were notified of the meeting i actually myself

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today walked around that particular neighborhood to see if i can see if anyone was outside to talk

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to them about the particular project the only concern that people mentioned to me was about

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parking um but not necessarily in opposition uh to our uses here so we haven't had opportunity to

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even speak with those who uh who signed this petition uh expressing their opinion um and

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even on this uh petition there are a lot of uh there's some things that are are incorrect

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um on that particular petition so i would like to just put that on the record all right thank

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you misty home planning commission good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the i-1 industrial zoning at this property

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traffic and crowds generated by assembly and entertainment use could cause disruption to the

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operations of neighboring industrial businesses the applicant has not shown a hardship exists

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that would prevent the property from being used for industrial.

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Accordingly, the Planning Commission recommends the board deny the use variance.

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Thank you.

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Hillary, to stay consistent with what we've done today,

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I'd like to try to, the coordinating RCO should,

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I'd like to try to pick a couple weeks to see if we get some input from them

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before we vote on this.

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Sure.

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So I would suggest...

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I understood where Swampoodle was, but somewhere along the line,

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somebody decided that Upper North Neighbors Association was the coordinating RCO. So I'd

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like to take some time to see what we can get from them and then vote after we hear. Or if we

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can't get a hold of them, we'll do a vote. So what if we gave it then two weeks, we'll close

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the record except for a letter from Upper North Neighbors Association and then the councilwoman's

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office? That's right. That's right. Okay. Are you okay with that? Yes, sir. Okay. All right. Thank

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you everyone thank you um for for everybody on the line here let's take a quick five minute break

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and then we'll go into the 3 30 list and we only have a few things so we can really get done but

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i'm going to give mr kelly a little bit of quick break and let's let's break for five

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minutes then we'll come right back okay everybody that's much appreciated chair thank you okay mr

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chair understood good afternoon my name is bill bergman i will be chairing this afternoon's 3 30

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meeting of the for zoning the zba uh with me is ismail shaheed our board secretary

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present mr chairman thomas hallman our board member president mr chairman and james snell

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our board member. I know Mr. Snell's there somewhere, so we'll get to that. Also with

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us is our Executive Director, Tanya Sunkett, and our attorney, Hillary Emerson. Our virtual

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Your case number four, MI 2021-004-541-251-RIPKIT.

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Yes, sir.

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Can you hear me?

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Are you requesting a continuance?

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Yes, sir.

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That case is continued.

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Thank you, sir.

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Any other requests for continuances?

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I have Mr. Charles Richardson with his hand raised.

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I have a lot of time to speak at this time.

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I'm Mr. Richardson.

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We've spoke several times today.

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Just state your name and give me your case.

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Charles Richardson, Office of Accountants, Cindy Bass from 312 City Hall.

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1508 West Negro.

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I don't know whether you have received him.

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Obviously not, since it wasn't a call.

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I do not have any.

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I'm going to get to that, Mr. Richardson.

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There's no exhibits and there's a second listing.

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Yes, sir.

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Unfortunately, the gentleman has not been able to get an RCO meeting established with the coordinating RCO.

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They've had leadership changes at that RCO.

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And I either may have to reassign or do it myself one way or the other.

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But we're going to make sure the gentleman gets his RCO meeting.

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When I call that case, I'll make sure we talk with him and tell him, okay?

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I don't think he's going to be on.

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Okay, fine.

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Okay.

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Okay, so that, so number seven, MI 2021, 004-460, 1508 West Negro Avenue, case is continued.

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Mr. Chair, this is Hillary. Can we just make sure that, just call the applicant and make sure that he's not otherwise on? Thank you.

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Okay, Pierre Gaston.

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Mr. Chair does not appear to be on no I do not see him at all okay thank you Mr. Richardson

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any other requests for continuances only have your hands up if you're requesting a continuance

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if you have a question please provide that question in the Q&A thank you

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i have a withdrawal number five mi 2021 004 399 78 east penn street the cases has been withdrawn

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I know. I'm sorry. Okay. Sure. Thank you. Are you guys going to mail it to me?

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You will receive information relative to that.

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Okay. Number six, MI 2021-004-536-1212, South 2nd Street, Keith Okowski. No exhibit, second listing. Mr. Okowski.

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Mr. Olkowski, if you're in the virtual audience, please raise your hand.

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Mr. Olkowski has been allowed to speak.

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Mr. Olkowski here.

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Yes, he is.

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Mr. Olkowski, state your name, please, and spell it for the court reporter.

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Keith Olkowski, O-L-K-O-W-S-K-I.

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

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yes we we don't have any exhibits for you yeah that was an error on my behalf we do wait one

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minute we do have information from pensport civic association and mr squill and an opposition from

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a neighbor but we don't have your exhibits uh that was ignorance on my part i was unaware i

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had to pre-submit my previous appearances at zba i just brought the documents with me

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which i have ready to go today all right so here here's what we're going to do we're going to

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continue this case but next hearing it's going to be mark must be tried okay absolutely and you

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will hear from us when that case is continued to thank you thank you is is a attorney michael

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McElhenney in the audience?

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Yes, he is.

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Do I allow him to speak?

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You can.

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Understood.

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Mr. McElhenney.

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Yes, can you hear me?

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Counsel, just state your name for the record.

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Michael, M-I-C-H-A-E-L

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McElhenney

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M-C-I-L-H-I-N-N-E-Y

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counsel for Greg Mester next door neighbor. All right. Do you swear for him to tell the truth

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to hold truth? Nothing but the truth. I do. I just wanted to make sure that you and your client both

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know this case is being continued, but it will be marked, must be tried the next time. Okay.

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Excellent. And on the record, counsel, I did speak with the applicant and to inform him,

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he also has to post notice at the property, which wasn't done in advance. Okay. That was

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another one of our objections, but okay. Fine. We'll take, thank you so much, sir. Have a nice day.

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okay all right case number two am i gonna interrupt may i just respectfully mention

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to mr okowski please contact the office so we can give you a step-by-step

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account of what needs to be done since the last next time this must be heard please call us

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directly and we'll help you out thank you i hope you're showing the audience mr okowski thank you

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and mr chair um this is hillary um one for number three that was continued i don't think

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we put the calendar number into the record so we could just put the calendar number for

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gillingham street 2021-005-187-2116 gillingham street cases continued mark must be tried

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Thank you. And I believe there's someone else here on the 1212 South 2nd Street, John Rogers. I believe he's another one of the neighbors.

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1212 South 2nd Street?

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Yeah, we can just verify. He has his hand raised.

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Okay.

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Hi, hello. Can you hear me?

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Hill has been promoted to Panama, sir.

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Mr. Mulvihill, you've already been sworn.

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Could you just state your name for the record?

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Good afternoon, Chairman.

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Leo Mulvihill, M-U-L-V as in Victor, I-H-I-L-L.

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Could you identify your client in relationship to the property?

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Certainly.

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The client is David Lafferty.

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He is the principal of D&B Investments, LLC.

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He's on the line.

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Okay. Our board secretary, Ismail Shahid, has a few questions.

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Good morning, counsel.

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Good afternoon.

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Oh, good afternoon. Excuse me. Long day.

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

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I do.

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Did you email all of the exhibits and documents as required?

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I don't know what that is.

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As required, such as proof of ownership, tax clearance, copy of refusal or referral, pictures or drawings of the property, five days in advance to this hearing.

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And did you meet with the RCO and did you have a letter?

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Yes.

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Great.

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Please proceed and share your screen.

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Certainly.

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So members of the board, hopefully my internet from earlier isn't giving us a problem anymore.

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And everybody can see my screen.

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So good afternoon.

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Leo Mulvihill on behalf of D&D Investments.

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David Lafferty is the principal, and he is on the line,

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should it be necessary to call him.

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This is for the property at 2038 to 44 North Phillip Street.

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For the record, I'm showing you the table of contents.

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We have the refusal at 1.

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Area zoning maps at 9.

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each of these is proposed to be a triplex and the reason that we propose that is that with these

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slightly wider spaces now rather than building more narrow room homes we're going to have a

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little bit more affordability for the folks a little bit more space for them a little bit better

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