civus
Hearing video

ZBA Hearing - January 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 13, 20215h 27m

although that's what my application stated that's what was in my appeal that's what we

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put in our notice to the RCOs and the neighbors within 250 feet and that's also what we

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presented to Spruce Hill Civic Association it would have delayed the case many months

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to have the refusal revised so that's why I would choose to do it this way and I have a proviso

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letter that would describe the use if the board would such you know approve this case with

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conditions so the use we can explain the signs

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as you saw I'll go back to the first picture here

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there's a lot of signs there's two large signs on this elevation

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One large sign here is existing

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and there's a freestanding sign.

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So what we're proposing for the signage is the following.

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Basically replacing the two signs on the one elevation

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with one standard branding sign.

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Elevation facing Walnut Street had the same exact sign.

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So in all, we're going from three signs, two signs, flat wall, from 308 square feet to a total of 160 square feet, 80 square feet each.

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Here's a full view of it.

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And for the freestanding sign, we're just replacing the existing panels.

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As I mentioned, it was RM1, the zoning district.

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And because of the zoning district being residential, you're not allowed practically any signage.

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As I mentioned, we did meet with Spruce Hill Civic Association.

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The use is not out of character with that block based upon the history of the property, the history of the uses, the surrounding uses, and the configuration of the property.

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Also, this use, being a retail paint store, is a less dense type of use than were the prior uses, which were the medical facility.

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What did Spruce Hill say?

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Spruce Hill supported the application.

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Okay.

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And the council person?

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I believe the council person would go along with Spruce Hill.

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If I may, I have Dean Pagano who's with the owners group who would like to testify as

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well as Chris Maylott, M-A-Y-L-O-T-T, who's with Sharon Williams.

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Great.

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and Dean can speak up when he joins

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okay what are their last names again because no one has

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Pagano P-A-G-A-N-O

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I see Dean Pagano

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and the other person is Christopher Maylott

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correct

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okay

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Christopher Maylott

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you can speak now after you unmute yourself

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I'd like to start with Dean first.

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We'll start with Dean.

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Dean, are you there?

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Dean, you can speak after you unmute yourself.

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Hi, everyone.

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Hi, Mr. Pagano. Name and address for the record, please.

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Sure. Dean Pagano, P-A-G-A-N-O, 16 Blantyra Circle, Thornton, PA, 19373.

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19-373.

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

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Okay. And do you swear for him to tell the whole truth and nothing but the truth?

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I do.

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Okay, you may proceed.

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Thank you.

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Dean, please tell the board what your affiliation with the property is.

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I own the property.

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Owner.

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Okay, and would you agree that the testimony I just presented is true and accurate and you would adopt it as your own as if it were true?

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Yes, I would.

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um and it's just to reiterate it's fair to say this property has always been used

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for a non-residential use and would be our true hardship to convert it to residential use there

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correct and uh this uh use here you you've vetted through many different um opportunities but shows

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this one as being the least intensive use for the block would that be fair to say yes it would be

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Okay, thank you. If there's any questions for Mr. Pagano, we'll move on to Mr. Maylott.

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Okay, how's everybody doing?

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Can you put your name and address on the record, Chris?

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Sure. Chris Maylott, C-H-R-I-S-M-A-Y-L-O-T-T, and address is 7, Great Valley Parkway, Suite 200, Malvern, PA, 19355.

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Thank you. 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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Okay, you may proceed.

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Thank you. Chris, you're employed by Sarwin-Williams?

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I am.

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And what's your position there?

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I'm a senior real estate representative.

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And you've heard my testimony as to the proposed uses and the signs, and would you agree that they're accurate and you adopt them as if they were yours?

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Yes.

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It is a retail store, correct?

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Correct.

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And there is no manufacturing or packaging there other than what you would typically see at a paint store where you're mixing dyes and paint?

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No, it's straight retail.

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Okay.

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And what were the hours of operations that are proposed?

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It would be 7 to 7, Monday through Friday.

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8 to 5 on Saturday.

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And 10 to 4 on Sunday.

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Okay.

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Is there anyone else who wants to testify, including representatives of RCOs,

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council representatives, and members of the public?

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There's no hands at this time, Madam Chair.

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And what I've shown on the screen is our proposed proviso letter to fix the inaccuracy of the refusal.

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Excuse me, Ron, this is Sharon Saleta.

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I have reviewed both the refusal and the application.

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And as Mr. Patterson said, he did apply for the use.

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The examiner did not include it in the refusal.

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But I would recommend a proviso.

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So if you vote to approve this with uses as stated in application ZP 2020, 008015, dated

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10-19-20.

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Mr. Patterson, would that work?

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Yes, that would work.

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That's fair.

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Thank you.

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Thank you.

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Okay.

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Does the board have any questions?

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No.

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No, we've got my all.

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Planning commission?

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This is Ryan Bednar, city planning.

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you hear me now good yeah hi oh do you swear for him to tell the whole truth and nothing but the

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truth i do okay you may proceed well this um property is indicated for residential use in

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the city comprehensive plan we have no we do not object to the grounding of the variance

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Thank you. Calendar number 25, no, strike that. Calendar number ZP2020-008015. My vote is yes, with uses as indicated in that number. Is that correct, Sharon?

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yes that's fine uses as indicated in application number zp 2020 008015 dated 10 19 20.

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dated 10 19 20. thank you thank you

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yes with proviso

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yes with proviso

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wait a second is there anybody else voting

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okay that concludes great thank you thank you that concludes the two o'clock list

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it is now for an hour 20 after we'll take a 10 minute break be back at 5 30

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Be back at 5.30. Sounds good. Thank you. Thank you. Good evening, everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment. I'll be participating in today's hearing along with our vice chair, Ms. Carol Tenere, board secretary, confessor, plaza, and board members, Mr. Thomas Holloman and Mr. James Snell.

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sounds good thank you thank you

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Board Administrator, Ms.

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Look, I'm sorry, I was getting ready to say Tanya again.

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Ms. Dandy will be our Board Administrator, along with our Attorney, Ms. Sharon Saleta.

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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 and that by

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participating you acknowledge your agreement to be recorded third for anyone participating by phone

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if you wish to testify you must raise your hand by hitting star nine and then star six to unmute

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yourself i'll repeat for anyone participating by phone if you wish to testify you must raise your

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hand by hitting star nine and then star six to unmute yourself. Carol. I'm here. I know you're

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talking. You got to mute yourself. Okay. I'm doing the opening ceremony here. Finally to make an

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appearance statement call Google 267-270-5548 and leave your email address and the address of

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the property at issue. I'll repeat that as well. To make an appearance statement, call Google

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267-270-5548 and leave your email address from the address of the property at issue.

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I'd also like to remind everyone, please do not attempt to testify in the chat.

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Any comments should be directed to our board administrator, Ms. Dandy. With that, I will now

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read off those cases that have requested continuances. Number one on our list MI 2020-000841

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1041 North 53rd Street. Number five on our list MI 2020-003326 265 East Hooter H-O-R-T-T-E-R Street.

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if anyone objects to those continuances being those cases being continued please raise your

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hand at this time here we have edward jones mr jones you can unmute yourself and speak

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yes evening mr jones please identify yourself in the record name and address my name is edward jones

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uh let's six six four seven croissant street philadelphia pa 19119 you swear and affirm to

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tell the truth the whole truth and nothing but the truth i do you state your business

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uh regarding this um these proceedings and this property um okay we were in which property we

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talking about i'm sorry 265 east quarter street right okay we were uh in front of the board in

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person almost a year ago to the day. Instructions were given to this developer to reach out to the

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community and try to come back to some type of mutual agreement. We have not heard anything

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from this developer since that last meeting. Approximately, well, I'll take it back. December

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26 we see a notice for this this hearing schedule for today we have not talked to this like i said

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we have not had any conversation with this developer since the last week understood i'm

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going to interrupt you if i could uh the case is being continued understood but i'm i'm i'm raising

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the objection to the i'm i'm raising it that this this first of all this this whole uh um plan should

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be rejected outright well we don't know that we haven't seen the plan are you are you opposed to

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the continuance i'm a well if if that's the only option but uh so i guess there is there there is

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no uh it has to be continued is what you're saying not necessarily was this um who that

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was this uh was this case already continued in the past yes you were i'm not asking you i'm asking

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I'm asking the administrator I'm sorry can you say that um in my number again excuse me chair

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this is Sharon Saleta I'm going back through my notes um now but I believe that the councilwoman's

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office also requested the continuance this the attorney is Matthew Monroe right and he agreed to

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this the attorney is matthew monroe right and he agreed to it all right mr mr jones yes the case

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it.

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will be continued there'll be a reposting uh there may be i don't know the reason for the

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continuance maybe the developer the applicant is revising the plans we don't know we'll deal with

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they are well they apparently are revising the plans but they didn't bring this to our attention

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until approximately well they're going to have to they're going to have to repost

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it will be continued and you'll get a notice of reposting okay all right thank you

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any other objections to the any of the two cases that i read into the record is being continued

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there are no hands up at this time chair i will now ask if there's anyone who would like to have

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case continued or withdrawn, please raise your hand. Chair, we have Sloan Foulkes.

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Mr. Foulkes, you can unmute yourself and speak. Good evening, Mr. Foulkes. Please identify yourself.

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Good evening, Chairman DiCicco, ZBA Board. Happy New Year. My name is Sloan Foulkes. I'm from the

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Office of Councilwoman, Sloan Foulkes, S-L-O-A-N-E, F-I-S-O-F-I-R-O-L-K-S. Office of Councilwoman Maria

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can you honor sanchez 508 city hall where's the firm to tell the truth the whole truth nothing

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but the truth i do sir please proceed yes i would like to request a continuance on case number seven

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mi-2020-00203950 whitaker avenue the uh applicant has not uh had a meeting with the uh

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coordinating RCO and we would like to request that the uh that that that that happened prior

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to the uh thank you miss uh miss dandy has this case already been continued

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no but um it said that they did not have any exhibits okay this case will be continued and

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must be heard thank you sir thank you any other requests for continuances or withdrawals

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Thank you.

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Any other requests for continuances or withdrawals?

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Karen, we have someone by the name of Joanne Dixon.

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Ms. Dixon, you can speak after you unmute yourself.

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hi um good evening miss dixon please identify yourself spell your first and last name and

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provide us with your address joanne dixon j-o-a-n-n-d-i-x-o-n 1723 north 31st street

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philadelphia pennsylvania and you swear and affirm to tell the truth the whole truth and

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nothing about the truth yes i did and you're calling in regard to what case um the property

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at 5070 whitaker avenue okay there's a request for a continuance

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i i i don't understand i didn't understand the continuance i'm sorry yeah no problem i think i

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made a mistake i don't know if i read that off at the beginning or not there's a request for the

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case to be continued the applicant is not ready to go forward I'm the applicant oh you're the

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applicant yeah you did not request a continuance no I didn't um chair this is Sharon Saleta I have

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no record of having received exhibits for this case and also is this the one Sloan folks just

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requested oh I'm sorry yes yes yes so the councilwoman's office at councilwoman Sanchez's

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office has requested this case be continued yes sir and we have not yet received any of the

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uh pertinent information and for uh that we need for the case to go forward

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i i did it i submitted everything that i was requested to submit

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so i'm i'm not sure what else i needed to do i'm sorry did you email it to all of the required

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addresses because I have no record of having received it. This is Sharon Saleta.

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Good afternoon. Yes I did. This is for a change of

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