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Hearing video

ZBA Hearing - January 13, 2021

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

miss pritzker you've been promoted to panelists you may speak now good morning miss pritzker can

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you put your name and address on the record and please spell your last name sure good morning

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uh rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite 1600 philadelphia pa

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19103. Do you swear or affirm to tell the whole truth and nothing but the truth? Yes. Do you agree

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to wait through reading the refusal and stipulate to its accuracy? Yes. And have you also submitted

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the exhibit packet with the required documents, including proof of ownership, tax compliance,

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refusal, or referral, photos and or plans of the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter? Yes, yes, and yes, but we do not have a

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letter. I've tried to get in contact with them. I appreciate that the councilman's office at least

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has some response to this, but we weren't able to receive the letter, although we did reach out.

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Okay, you may proceed. Thank you. I'm going to share my screen.

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Okay, this is 5218 Florence Avenue, let's get up to the refusal.

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This is an RSA 5 property.

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It's currently a vacant lot.

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It is between two existing structures and the proposal is for to construct a new two

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unit structure on the lot. Our only refusal was for use as the board is well aware, you are not

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allowed to have a two-family household living in RSA 5. This was our application for appeal.

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As it's important to note, again, this property was remapped in 2019 in December. Before that,

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it had been RM1, which would have permitted multifamily by right. There is other multifamily

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nearby. 5037 Florence is a three-family, which was recently renovated. 900 South 51st Street

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is a new construction multifamily. Also on this block on 52nd and Florence, 1000 South 52nd Street

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and 1004 South 52nd Street are also multifamily, in addition to 1016, 1028, 1032 South 52nd Street.

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So as such, and given the direct relationship to the commercial corridors, 51st and 52nd Street,

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we proposed two units. We met with the community on, I think it was November 17. Here's the tax

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on, I think it was November 17. Here's the tax clearance. There's a balance and we actually

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clear.

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had it paid as you can see. So we are in good standing tax wise. Here's our deed. Again,

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this is the site here. There's RM1 in the corner and CMX2. So we do believe that the

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area can support the extra density. And here's photos of the lot. Obviously, this is an infill

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development site. Given sort of also the depth of the lot and the size of these buildings, a

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brand new new construction single-family home would sort of be out of character and sort of

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out of the price point that's currently available in this area. There's not a whole ton of new

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construction, so this will add additional more affordable units to the neighborhood. We met

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with the RCO, which was the 51st War Democratic Executive Committee on November 17th. There was

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no major objections at the meeting. It was actually a really productive meeting. However,

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unfortunately, we were unable to get them to issue us any sort of a letter one way or the other.

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Mr. Benjamin did apologize for that, but I wasn't able to obtain anything from him yesterday or the

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day before when we spoke. We sent out 137 pieces of mail. And again, we're looking to just do

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two units on the site. I want to pull up the plans for the board as well. Again,

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ground up new construction, two units to provide more affordable housing. We'll be setting back

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the third story given this is a two-story block and the only refusal we have is for use. No

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dimensional variances are requested. I don't really have anything else for the board. I do

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have the owner on the line if I could just have him swear or sign in and adopt my testimony and

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then I would be happy to take any questions. Do you see a, I don't know if he called in,

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his name is Gertie, G-E-R-T-I. If you could raise your hand.

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Rachel, in the interest of time, I'm...

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Can you unmute yourself and speak?

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While we're waiting for your client to get on, the facade of the building,

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I notice the property is on either side of your client's application.

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Is it set back, the porch?

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Yeah.

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Well, the porch is in line with the existing porches, and the third story is set back.

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I was more concerned with the first floor.

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It's set back.

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The porch is match up with the properties on either side.

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Okay.

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Correct.

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Yep.

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If your client is not on, is he on?

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I think he's trying it in the part why don't we do this not to interrupt you as an officer

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of the court will stipulate that your client would have adopted your testimony

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excuse me this is Sharon Saleta I have to clarify something the email from Councilwoman

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Gauthier's office actually said that she had no objection to the hearing going forward today

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she didn't state a position on the project itself

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anyone else would like to testify in this case if so please raise your hand

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chair i have someone with the name gne real yeah that's the owner

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you can unmute yourself and speak

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hi everybody hi please identify yourself for your record name please first name dirty g-e-r-t-i

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last name Tefa, T-E-F-A. Do you swear and affirm to tell the truth, the whole truth, nothing but

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the truth? I do. Ms. Pritzker. Have you heard my testimony today in front of the board? Yes.

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And do you adopt it as your own? Correct. And just to reiterate the chairman's concern,

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just want to put on record that the porch will be in line on the first floor with the adjacent

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properties is that correct that is correct yes that's fine thank you thank you questions from

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the board no no no anyone else would like to testify in this case if so please raise your hand

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there are no hands at this time chair thank you planning commission

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ian hegarty philadelphia city planning commission chair members of the board this property is

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Chair and members of the board, this property is indicated for single-family use in the comprehensive plan.

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indicated for single-family use in the comprehensive plan.

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The zoning was actually changed to RSA 5 in 2019 with community support through a neighborhood-wide rezoning.

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We don't believe that this lot presents any unique physical circumstances or conditions,

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and furthermore, no variance is necessary to enable viable economic use of the property.

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Accordingly, we recommend that the board deny the variance.

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Just to comment to that, again, just want to reiterate that as actually part of the comprehensive plan of the university's southwest district plan, they want to eliminate plight and vacancy, especially vacant lots.

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This has been a longstanding vacant lot, and we believe that it's not an overuse of the property and would help to revitalize the area.

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MI 2020-001946, 5218 Florence Avenue. My vote is yes.

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My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. Thank you. Thank you. Calendar number

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0237-7246 Charles Street.

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We have a Jason Lerner here.

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Mr. Lerner, you've been promoted to panelists. You can speak after you unmute.

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Mr. Lerner, can you put your name and address on the record and spell your last name, please?

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Yes, Jason Lerner, L-E-R-N-E-R, address 7718 Caster Avenue, Philadelphia, PA, 19152.

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

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yes i do have you emailed the exhibit packet with proof of ownership tax compliance a copy of the

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refusal and referral photos and plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter do you have a letter yes i've uh yes to

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everything except the letter okay i'm assuming i have an email from them that said they approved

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or they're in favor of it okay sorry are you an attorney you're an attorney me no

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um mr lernard you are listed as a co-owner on the um deed that you submitted can you

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can you confirm that that deed is current because the ob because the ob could i interrupt for a

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minute someone someone has your mic open mic and we're getting feedback i think mr lernard

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Do you have something else down in the background?

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I do not.

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Hold on.

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Is that better?

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Yes.

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Yeah, I'm sure I didn't mean to interrupt you.

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I couldn't hear.

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Okay, Mr. Marder, I just wanted to ask, you and Mr. Pollack are the current owners.

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Is that correct?

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I'm sorry.

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Hold on one second.

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I can't hear.

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hello ah that's much better

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hello hi um i just wanted you to confirm that you were the current owner because um the opa

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opa owner is listed as anthony cannelleri but it appears that you bought the property

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in 2017 is that correct that is correct yes okay thank you

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you are the owner sir

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hello

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on the deed he appears as the co-owner is it is it a lc no it is not it's two individuals

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mr lerner can you hear me yes okay carol okay sir can you put your name and address on the record

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and spell your last name you already did yeah well i already did that so well wait a minute frank so

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you're already sworn in you said you weren't an attorney and you've emailed everything in the

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exhibit packet and so you may proceed okay um i bought a property at 7246 charles street

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in 2017 and when we bought it it was as a duplex lived in both floors were lived in we had two

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leases um we've had refuse bills since we bought it um we have

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We have rental licenses since we bought it for two units, and we went to get our license

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No, there's...

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last year and they said that the property wasn't zoned and that we had to just go through

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this process in order to get the zoning to be a duplex as originally built.

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so have any exhibits you can share with us um i sent everything emailed to you guys i don't know

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how else to share it it's a charles street off of frankfort avenue um charles street is one street

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east of charles avenue it's right at cotman avenue right at the santucci's it's so there's

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santucci's and then this property okay um right at like frankfurt and cotman basically okay

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is is your partner steve pollack yes my partner is steve pollack yes the attorney steve pollack

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uh not not the attorney okay steve pollack from uh the big law firm he gets that all the time though

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all right no i was just curious because i know he well he's a zoning guy isn't he that's the

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yeah well i thought i wish it was him well i thought it was unusual that not have exhibits

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that's why it is yeah um sharon we don't have anything in the file with an exhibit that we

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can look at i can um email it to now if you'd like i don't know there's a board we need that

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we think we need to see that i mean it's already been obviously they're coming in for legalization

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on a property it's been used multi-family for a number of years right i think it was

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boarded sheriff sale i'm okay yeah any objection

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all right any questions from the board no no one else would anyone else like sorry anyone else

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like to testify in this case? If so, please raise your hand. There are no heads as of

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now, Chair. Thank you. Planning Commission? Ian Hegarty, Philadelphia City Planning Commission.

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The property is indicated for single-family use on the zoning plan and the comprehensive plan.

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While it doesn't appear to present any unique physical conditions, it also appears to have

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a long-standing use as a two-family building so accordingly we have no objection to the granting

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of the variance. Thank you and thank you very much. MI 2020 that's 000237-7246 Charles Street

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my vote is yes. My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you I believe

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that concludes the 930 list. Lakeisha do we have anything else to do? Thank you very much guys.

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can i leave yes you can yes you can leave thank you have a great day that's all chair

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okay any questions to anyone board members no all right see you all two o'clock

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thank you good afternoon everyone my name is frank di chico i'm the chair of the zoning board

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of adjustment i'll be participating in today's hearing along with our vice chair miss carol

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Tenere, Board Secretary Confessor Plaza, and Board Members Mr. Thomas Holloman and Mr. James Snell,

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Board Administrator Leticia Dandy, and Board Attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some

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of the basics of what you can expect. First, we will be administering oaths to individual

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participants prior to their testimony. Second, we'd like to advise everyone that this proceeding

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is being recorded and that by participating you acknowledge your agreement to be recorded.

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Third, for anyone participating by phone, if you wish to testify you must raise your hand by hitting

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star nine and then star six to unmute yourself. I'll repeat, for anyone participating by phone

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If you wish to testify, you must raise your hand by hitting star 9 and then star 6 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 will repeat that as well.

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to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue i would also advise everyone that please do

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and the address of the property at issue.

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I would also advise everyone that please do not attempt to testify in the chat.

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Any comments should be directed to our Board Administrator, Ms. Lakeisha Dandy.

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Before I begin, I'm going to read off a list of cases that there's been a request to be continued.

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Number three on our list, MI2020-001714.

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1608 North 27th Street, MI 2020-001-870, 1643-51 North 6th Street, MI 2020-002-599-2740

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Amber Street and MI 2020-001513, 3642 North 21st Street. Is there anyone who objects to the

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continuances? Any of the continued cases I just read into the record? Please raise your hand at

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this time? No hands at this time, Chair. Thank you. With that, I will call calendar number

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2020-002-499-1222 Annan Street. My vote is yes. My vote is yes. My vote is yes. My vote

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is yes um excuse me this is sharon i had a call from tom just now he is having um computer problems

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he's going to try to sign in on his phone okay uh get anything back on duval street yet um yes

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it appears that that is going forward i apologize for the mistake there are um three duval street

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properties one two and ten so are they they're all being heard together yes yeah so it's number

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one number two and number ten on our list carol but we're going to go out of order at the request

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of the attorney on lancaster avenue case all right okay all i'm trying to do is find

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calendar number nope i got the wrong one i'll read it in and then we'll go from there

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i have it i just found the calendar number 0945 3965 lancaster avenue thanks frank

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chair we have meredith ferliger

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Meredith, you've been promoted to panelists. You can unmute yourself and speak.

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Meredith, can you put your name and address on the record and spell your last name, please?

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Sure. Meredith Ferliger, F-E-R-L-E-G-E-R, 1500 Margaret Street, Suite 3500E.

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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 sure do.

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

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I do, yes.

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And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter?

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We sure do. All yes to all of the above.

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Okay, you may proceed.

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Okay, great. For the administrator, I will need Adam Perlman at some point unmuted. And then there is a phone number that ends in 0933. At some point, I'm going to need them unmuted as well. Adam Feinstone, if you want to try and start getting unmuted now, I know you aren't sure how to do that, star nine and then star six.

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