civus
Hearing video

ZBA Hearing - October 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 12, 20223h 32m

And we receive refusals for two different reasons.

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One, that having multifamily in this district, which is RSA 3, was not allowed.

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And two, we would be required to put parking in.

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Just as an outset, with respect to hardship, parking is a non-starter.

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The lot is not wide enough to accommodate sufficient off-street parking under the zoning code.

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On top of that, if we were to try to provide three spaces for off-street parking, it would take away legal on-street parking.

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We're not seeking to do that.

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It would only add the congestion in the streets.

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um so that's our hardship with respect to that uh with respect to having our three family dwelling

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on this lot the lot size shapes dimensions are rather large the homes in this block are large

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old homes some of which had been broken up into two families some of which have been broken up

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into three families and many of which are still intact but the fact of the matter remains now with

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the housing market what it is the price is what they are we were hoping to have a new

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construction home of a similar size and scope of the existing

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Buildings that are already on the block, but rather than marketing that as a home that would have to cost upwards of $600,000, $700,000 just due to the size.

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Keeping in line with that, having three units to allow people to get in.

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So we have a residential block, residential character maintained, just a slightly different type rather than a large six or seven bedroom house, have three smaller units.

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That's our application for appeal.

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There we go.

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Get to the area zoning map next.

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So this is us right in the middle of the block.

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Leo, you're still stuck on the first form.

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Oh, well, that's our problem.

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Let me try to see if I can change that.

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All right.

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My apologies, Chairman.

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Sure.

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Okay.

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We should be seeing page seven of that presentation.

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Great.

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Yeah, you're fine.

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Here we are in North 64th.

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This is Haverford.

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Lansdowne's around the corner.

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Our lot is this and do lot directly here.

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As I mentioned, it's an RSA three block.

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What's curious, if we look to this area zoning map, is we are surrounded by RM1 and CMX2.

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If this property had been zoned to RM1, has that immediately behind it, that to the north, that to the south,

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everywhere other than this immediate pocket in the middle from Media to Haverford, 64th to Wynwood.

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We wouldn't even be here because we would have been able to do this by right.

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so this is kind of a weird little zoning aberration in this pocket of the neighborhood

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here's our lot itself as i as you can see from looking above our lot like i said is

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large these huge twins all up 64th are what zoned single family these smaller homes

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pardon me these smaller homes marlin is all is owned a multi-family as well and these smaller

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pardon me these smaller homes marlin is all is owned a multi-family as well and these smaller

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homes here both on marlin side both like rather east and west of marlin street are both smaller

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homes here.

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significantly on lot and building size you can see anybody can see just from looking overhead

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multi-family these structures are half the size of these single-family homes

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these are all single family and now we're back in the multi-family with giant structures along

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Woodward Avenue and large structures along our man lost my block here along

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this block as well where we have all multifamily so again that versus that

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this is our lot we're seeking to have something similar to these far smaller

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multi-family lots, and to this similarly size multi-family structures.

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This is our deed to the property, commercial activity license, it's the old tax clearance

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here.

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I have new tax information that I sent in.

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So our original meeting letter went out in April, we had our meeting and neighbors were

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ultimately in opposition to the project due to the fact that it was multi-family.

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here's the letter of explanation um there were a number of questions that were asked and people

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wanted to know about maintenance the lot initially when we first met with the community it had needed

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a little bit of maintenance i was just up there the other week for taking my photos and helped

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clean up the lot and it looked like it had been relatively well maintained since the initial

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complaints that we received um i guess about a year ago noise levels during renovation my client

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did speak with neighbors to ensure that we would be doing everything within the time frames that

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are allowed under law and perhaps even less than that just so we don't keep people up early in the

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morning or later in the day the respect with respect to the pricing of the units that is

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something that neighbors brought up with respect to affordability trash removal is always a concern

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this was our lot itself this was what it initially looked like when i took photos

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during our initial meeting it was during spring summer as you can see it was a

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little overgrown that was immediately taken care of this is the house

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immediately adjacent to us as I mentioned huge this is the type of homes

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that are routinely broken up into two three four five six units sometimes at

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different parts of the city because they are so large and that's kind of what

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we're working with in terms of a similar footprint getting ultimately now to our

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photos of the block which we all went through multiple repostings this is ultimately what we

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were planning on for our design now you note that we did keep red brick with some sort of

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siding to the top it does go up three stories it is set back to remove that refusal despite the

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fact that we have the third story next it's gonna be that we have a nice porch area as well to match

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up with the adjacent properties and getting again pardon me to the overhead shot of our plans

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leo

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leo you're you're frozen

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Mr. Movihill?

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Hillary?

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Yes, I don't...

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Do you have Leo's phone number?

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Could you call him on the phone maybe

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and see what's going on?

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Yes, let me try to reach out to him, Mr. Chair.

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it looks like we it looks like we lost him yeah okay let's give him let's just give him a second

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to see if he comes back in i'm fine yep yep and then if not we can move on to the next case

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Thank you.

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hillary why don't we uh why don't we i think we only have a few more left we'll just come back

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Why don't we, I think we only have a few more left. We'll just come back. Is that all right?

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is that all right yes yeah we'll come

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Yes. Yeah. We'll come back and I'll try to reach Leo in the meantime.

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Okay. All right. So let's go to number 11. MI 2021-000-128-1737 Bergen Street.

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Mark Feynman is the attorney. And I do believe we have a letter from the RCO.

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Yes, Mr. Chair, we did receive a recommendation of support from the Ron Hurst Civic Association

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for this case. Mr. Feynman? Mr. Feynman is coming back in as a panelist.

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Good morning. Hi, good morning, Mr. Feynman. Could you state your name, please, and spell for the

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court reporter. Yes, my name is Mark Feynman, F as in Frank, E-I-N as in Nicholas, M-A-N,

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and I am counsel for the applicant. Okay, do you swear a firm to tell the truth, the whole truth

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and nothing but the truth? I do, yes. And could you identify your client, that relationship to

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the property? Yes. The client is a business entity. That business entity is

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controlled or owned by an individual. That individual's name is Yusef, and I'll spell

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that for you. It's U-S-E-P-H. Last name is Abu Ali, A-B-U-A-L-I.

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All right. Thank you.

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And the owner is L and A installations comma LLC.

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Okay. All right. Mr. Holloman has a few questions for you, sir.

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Yes.

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Good morning, counselor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Yes. Did you email all of the exhibits and documents as required, such as proof of ownership, tax clearance, copy of the refusal, referral, pictures of the drawings of the property, five days in advance of this hearing? Did you meet with the RCO, and do you have a letter?

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Yes. The letter I did not follow, but that was followed directly by the RCO.

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Okay. Thank you. Please proceed and share your screen.

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Thank you very much.

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if if i may i'm i'm looking i'm having some problems on accessing my documents but

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if i may start and give an overview

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the application but counsel let me ask you do you think you're going to be able to get your

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documents open that i'm that's i'm trying to see if i can i mean we're going to have to see some

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documents i mean we just can't take the testimony i would suggest them putting me um back in and

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taking another matter while i work on the glitch on my end here if that's okay why don't we do

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that. All right. Thank you. Thank you very much. Thank you.

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Okay. All right. MI 2022 002 347 807 North Second Street.

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Christine Witt is the attorney.

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Ms. Witt is coming back in as a panelist.

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Good morning.

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Good morning, Ms. Witt.

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Hi, could you state your name and spell for the court reporter, please?

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Christine Witt.

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C-H-R-I-S-T-I-N-E-W-I-T-T.

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All right. Thank you. Do you swear or affirm to tell the truth, the whole truth, and nothing but

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the truth? Yes.

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All right. Could you identify your client and the relationship to the property?

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The client is Bulls of Steel 5. They operate as pliables. And I believe that Rich Miller,

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Director of Operations for the company, is here, and he will be testifying.

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okay thank you um mr hollman has a few questions for you good morning excuse me mr hollman i just

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need to uh interject i miss what you can you can um introduce him as a witness but you need to be

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testifying um because this is an entity um they can't be testifying on they they can't be speaking

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um they can't be testifying on they they can't be speaking you know on their own behalf unless

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you know on their own

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be

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they are a witness okay you bring in thank you good morning counselor did you email all of the

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exhibits and documents as required such as proof of ownership tax clearance copy of the referral

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pictures or drawings of the property five days in advance of this hearing did you meet with the rco

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and do you have a letter? I believe that my client has done all of these things and he can testify

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to such. Thank you. Please proceed and share your screen. And we do have a letter of support from

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the Northern Liberties Neighbors Association. Can I introduce Mr. Miller to testify as a witness?

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why don't you give us an overview of the bring up your screen right bring your screen up and

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then give us an overview say um i don't have any of the documents here in the office where's the

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documents at mr miller has all the documents okay so is he in the office too or he's somewhere else

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he's in his own office okay so what we'll do is we'll bring him we'll bring him in he'll put the

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documents up and you'll testify from the documents okay okay all right mr miller is coming back in

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as a panelist good good morning mr chairman hi good morning mr miller this is what we're going

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to do we're not going to take testimony from you we want you to put the documents up and your

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counsel will testify from the documents okay okay um if i could just uh real briefly just clear up

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the mix the confusion we didn't know that we needed an attorney for this until monday morning

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so that's fine that's that's fine we're scrambling a little bit all right put your documents up okay

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the green button at the bottom

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says share screen

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I'm just waiting for it to

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catch up I have

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too many things going

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I apologize

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Bear with me one moment.

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I apologize.

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I'm on a new computer and it's not letting me share my screen.

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is right to our is our it person on online

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uh yes i am i could you offer mr miller some maybe some suggestions there please

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uh aside from the assuming he's on the zoom screen i am the problem is i am on a macbook

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and I'm a PC user, and it's not allowing me to allow Zoom to record my screen.

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It may have a security setting.

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Unfortunately, at RIT, we only support the PC.

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PC, yep.

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And if I was...

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Where's the MacPad one?

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So I...

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I do know it has separate security settings.

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Usually when you try to access it, it asks you for permission.

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And I did allow, and then it brought me to, you know what, let's see if I can do it.

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we may be able you may be able to share some of the docs i can find

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christine do you have counsel you have documents here i believe so okay so why don't we do this

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why don't why don't you put the documents up and testify to it and then we'll have your testimony

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adopted okay so you have to hit share screen to share that okay which documents this one that one

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okay we're good start

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okay we're good start

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this is the approval from the northern liberties neighbors association thank you

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do you have a photo of the property

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i don't know

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I believe this was the only deficiency that was required to be amended.

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So as you can see, the letter does support the application with the following provisions.

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all access to the restaurant is limited to second street entrance the trash pickup cannot occur

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before 7 a.m trash or trash cans cannot be left on the sidewalk a trash can should be placed inside

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the restaurant near the doorway there is no outdoor seating in the backyard the backyard

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cannot be used by employees there will be no application for outdoor seating on second street

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without a review by the northern liberties association and there's no hot cooking on the

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premises there's no outdoor music and the hours of operation will be 7 a.m to 9 p.m at this time

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they don't expect the operations to be that long but the association has given them those extended

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hours in case they wanted to extend their business hours in the future you have no other documents at

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