civus
Hearing video

ZBA Hearing - May 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 5, 20214h 16m

We go live DPZ Zoom.

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I'm sorry.

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Okay.

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Thanks.

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Am I on to start?

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If we could wait maybe two minutes to allow all to come into the Zoom room.

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Thanks, Tonya.

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Madam Chair, we currently have 80 participants, you can now proceed.

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Thank you.

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Good morning, everyone.

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My name is Carol Tenere, and today I'll be, this morning, I will be the Acting Chair of the Zoning Board of Adjustment.

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I will be participating in today's hearing along with Board Secretary Confessor Plaza and Board Members Thomas Holloman and James Snell.

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Also in attendance will be Board Administrator Fatina L. and Board Attorney Sharon Saleta.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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This is also available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine, then star six to unmute yourself.

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I will repeat that. If you wish to testify or if you are participating by phone, you must raise your hand by hitting star nine, then star six to unmute yourself.

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

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The number again is 267-270-5548.

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Fourth, the question and answer box is not for testimony.

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Any comments are to be directed to Ms. Tanya Sunkett or Ms. Bettina L.

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Are there any continuances this morning?

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If there are, please raise your hand.

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And you'll be called and you'll be asked to put your name on the record.

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Excuse me, Madam Chair.

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Yes.

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Would you read out those where we have already received the continuance request first?

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I sure will.

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Calendar number 2021-000118-2361 East Allegheny Avenue.

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This case is continued.

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calendar number 0693 4733 leaper street this case is withdrawn

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now are there there's i'm sorry to keep interrupting this is sharing again that's okay

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if you could also read out number five as withdrawn please i sure will calendar number

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Number 0232-2404 Lehigh Avenue is being withdrawn.

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And now, are there any requests for continuances?

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Madam Chair, Mr. Barton Levy has his hand raised, I won't allow him to speak at this

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time okay can you hear me uh yes i can hear you uh i cannot see you and i see your hand raised can

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you put your name and address on the record please and spell your last name certainly my name is bart

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B-A-R-T-L-E-V-Y. I'm an attorney in Pennsylvania. My ID number is 204800. The address of my office is 1500 Market Street East, 12th floor.

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the address of my office is 1500 market street east 12th floor the property in question is one

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one one second do you swear our firm to tell the whole truth and nothing but the truth

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i do okay and the property address 120 north 53rd street

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it's calendar number 0131 120 north 53rd street this shows that you have no exhibits

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your uh madam chairman we would just um retain in this matter and we've advised our client that

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they will first have to do a meeting with the rco and that's what we're trying to coordinate now

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we humbly ask for a continuance uh to complete this work

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okay this is the first listing this will be continued and uh miss sunk it or miss

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Does this become a must-be-heard?

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Not necessarily, but I think there might be someone from the councilwoman's office who wanted to speak on this as well.

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Okay. Is there anyone here who would like to speak?

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Please raise your hand.

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And that would be Andrew Goodman if he is in attendance.

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Thanks. Good morning. Good morning, Mr. Goodman. Yep. Can you put your name and address your name on the record and spell your last name? Absolutely. Andrew Goodman, G-O-O-D-M-A-N, here representing the office of Third District Council Member Jamie Gaudier, Room 586, City Hall.

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Thank you. Do you swear if I'm to tell the whole truth and nothing but the truth?

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Yes, I do.

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Okay. There has been a request for a continuance.

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Yes, we support the continuance so that the RCO meeting can take place.

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Okay, great. Thank you very much.

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Thank you.

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Is there anyone else who would like to testify?

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Madam Chair, Mr. Vern Anastasio's hand is raised. I will allow him to speak right now. I'm not sure if he's speaking to his case or another case, but all the same, I will allow him to speak now.

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Okay.

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Good morning, Madam Chair.

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Hi, Mr. Anastasio. Name and address, please. And are you speaking on 120 North 53rd Street?

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no i'm speaking on 7968 caster street verne anastasio a-n-a-s-t-a-s-i-o 1315 walnut suite

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1006-19107 i represent the okay one second what i have to do is officially continue another case

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oh okay and then i'll then then you're next mr levy yes ma'am your case is continued

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thank you do you uh do you have any uh range of time that we could have to do the meeting

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sometimes no you'll have to speak to ms sonkett the board administrator

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okay um mr anastasio yes thank you

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

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i do in the case you're referring to is 79 56 caster avenue 68 i believe it is 79 68 caster

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what number is that

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on our list we have number 13 on the 9 30 list and we have 79 56

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dash 68 okay and madam chair i believe um someone from council in o'neill's office is

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also here who may want to speak if they could raise their hand absolutely madam chair i just

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would like to withdraw this case you're moving to withdraw the entire case i am

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okay i i would still like to hear from someone from councilman o'neill's office

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i'm sorry i have a number of him of hands up to whom am i uh giving permission to speak

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um i believe alice yudovich

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i'm sorry excuse me the councilman is in attendance so councilman brian o'neill please

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a councilman he's been allowed to speak now thank you okay councilman o'neill yes madam chair

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Yes, Madam Chair. Hi, how are you? Do you swear to tell the whole truth and nothing but the truth?

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hi how are you do you swear to tell the whole truth and nothing

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Yes, I do. And I would just request that this be withdrawn with prejudice. This case has been

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around a long time. And these neighbors have been worried about this. We've been pressing

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for a week to let people know if this case was being withdrawn. And found out last night that

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it was uh and i would just ask that it be um withdrawn with prejudice i think the neighbors

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are entitled to that i have to object madam chair uh withdrawing with president you know my client

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has not behaved in any way form or fashion that would warrant that uh that it'd be withdrawn with

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prejudice he you know he consistently acted in good faith made every intention of working with

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the council office and the community and by the way any new development plan would be subject to

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the same RCO and the same councilmanic review as as this particular plan did so there's no I mean

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withdrawing it with prejudice is just unwarranted itself there's obviously something wrong because

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the civic association is in opposition councilman O'Neill is senator John Sabatina is Sharon can I

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do this with prejudice if i make it if i make the development one second bern sharon can i do this

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with prejudice um you can it's the board's call okay i think it's a little much you know um i can

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make a development six inches small shorter than we have right now and we could come right back in

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the process so dismissing it with prejudices withdrawing it with prejudice i just think is

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overkill uh maybe it's for some sort of showmanship but i have to object okay thank you um i'm going

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to um rule on this calendar number unless you have something else to say councilman

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no i'm fine okay uh calendar number zero zero two one 79 56 castor avenue this is withdrawn with

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prejudice thank you madam chair thank you thank you i'm sorry um if i could ask dpc zoom are you

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there yes i am i'm sorry could you make me a co-host please oh okay sorry chair i had to go

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and come back in it's okay

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are there any other requests for continuance

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okay madam chair i have mr zen jin with his hand raised i will allow him

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to speak at this time okay good morning

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Good morning, Mr. Jin. Can you put your name and address on the screen?

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Yes. Zhen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia, PA 19103.

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Okay. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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And you are here on 2361 East Allegheny Avenue, calendar number 0118.

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Actually, I am raising my hand regarding 2848 South Elder Street, which we have made a request to withdraw. That is 2021-000117.

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Where? And what is the name of the street?

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I'm sorry, it's 2848 South Elder, ALDER Street. I have a calendar for this morning, that's why I raised my hand.

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We don't have that on the 9.30 list.

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Okay, that's not a problem then.

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What I'll do is I'll check again where it falls in the list

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and maybe we did send in a request to withdraw this matter though.

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Ms. Hsu-Chin, could you call me offline?

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Sure.

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Thank you.

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Thank you.

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Madam Chair, if we could also call number seven.

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I believe there is someone here for this.

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There are no exhibits.

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okay sure calendar number zero one three zero thirty seven forty three aspen street

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the owner is nicholas coombs

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madam chair you said uh nicholas uh nicholas coombs yes i have uh hugh coombs with his hand

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raised. I'll have to speak at this time.

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Yes. Good morning. I'm so sorry. I'm a teacher. I'm not familiar with. Excuse me. Excuse me. Can you put your name and address on the record, please? I'll wait to be sworn in. Okay. I'm sorry. I apologize.

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Yes. Good morning.

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I'm so sorry.

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Name and address.

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It's Nicholas Coombs, 3743 Aspen Street, Philadelphia, PA 19104.

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There are four. Okay. Do you swear to tell the whole truth and nothing but the truth?

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Yes, ma'am. Yes, madam chair. Okay. All right. Can I proceed?

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Yes, you may proceed. Excuse me. I'm sorry. Mr. Coombs, I noticed had a question in the chat as

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to whether his hearing was going forward today. Because there were no exhibits,

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he would have to um it would have to be continued and he would have to submit those five days in

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advance of the next hearing date okay mr coombs we're going to continue this case because we need

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all of the exhibits in five days before the hearing so madame chair i'm sorry i thought the

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rco was supplying uh the i i gave them like the drawings and everything and it was already approved

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by DRCO and Mr. Combs can you speak to the head here you will contact the RCO ZBA email box for

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further information case is continued Madam Chair you can move on okay this case is continued

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calendar number 0130 3743 Aspen Street are there any other requests for continuances

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Madam Chair, I have Mr. Sloan Foulkes with his hand raised.

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I will allow him to speak at this time.

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Thank you.

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Good morning, Madam Chair.

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Good morning, Mr. Foulkes.

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How are you?

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I'm well, ma'am.

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Thank you.

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Good.

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Name and address, please.

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My name is Sloan Foulkes, S-L-O-A-N-E, F as in fire, O-L-K-S, representing the Office

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This is up, Councilwoman Maria Quinones-Sanchez,

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room 508 City Hall.

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Okay, you may proceed.

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No, do you swear to tell the whole truth

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and nothing but the truth?

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Yes, ma'am, I do.

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Okay, shoot.

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We're requesting continuances on two cases.

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The first case is calendar number 00098516162nd Street.

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um the uh applicant has not met with the uh the coordinating RCO which is uh South Kensington

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Community Partnership this is their third listing if no one is here to represent them we would

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request that this case be dismissed okay there are no exhibits yes Sharon go ahead I'm sorry I

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was just going to point out no exhibits third listing but if we could call to see if anyone

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is here representing them. Is there anyone here representing North 2nd Street?

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I see no hands, Madam Chair. Okay, calendar number 0985-1616, North 2nd Street. This case is

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dismissed. Thank you, ma'am. The second case is dismissed. Excuse me, we need everyone to vote on

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that? Dismissed. Dismissed. Okay. Okay, Mr. Folks, go ahead. Thank you, and I apologize.

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The second case is calendar number 002039, number 11 on your list. We request continuance of the

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applicant. We're working with the applicant to set a meeting up with the RCO, the coordinating RCO,

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and we'll try

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to work into a system

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process. This is a church.

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Okay. Is there anyone here on this case?

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5070 Whitaker Avenue

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calendar number 2039.

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If you're here, please raise your virtual hand.

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I see no hands, Madam Chair.

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Sharon, is this a continuance or a dismissal?

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Mr. Foulkes, do you have a position on that?

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Yes, we would like this to be continued.

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They are new to the process.

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They reached out to our office,

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and we're just working to set up this meeting with the RCO.

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Okay, great. Thank you.

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It must be heard.

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Okay.

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Calendar number 2039, 5070 Whitaker Avenue.

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This case is continued and it's a must be heard.

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This case is continued and it's a must be heard.

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Is there anyone else requesting a continuance?

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