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Hearing video

ZBA Hearing - October 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20266h 49m

from the current rsa5 residential single family the appellant has not shown there are unique

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physical circumstances or conditions that would prevent the property from being used in conformance

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with the zoning code regarding use the planning commission recommends the board deny the requested

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variance for multi-family use so alan you have the one that i'm holding i'll hold this too and

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we'll go from the same time all right thank you very much and it's closed all right thank you thank

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you okay number 15 mi 2026 003 003 997 3200 red line road um rachel pritzker is the attorney

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that are recused

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from this

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yeah that's right

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Michael Johns has recused

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himself from this particular case

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there's a letter of support

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from Council Member O'Neill

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and also

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a letter of unanimous

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from West Tarsdale

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Morel Park

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good afternoon

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could you please state and spell your name

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for the stenographer? Yes, Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R. Do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth? Yes. Do you identify your client,

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the relationship to the property? Yes, so my client is the tenant for the property, Kilbourne

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Road LLC, doing business as Santini's Grill, and Paul Santini is here on behalf of. And you heard

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you heard one I mentioned about the letters of support, right? Yes. Okay. And our vice chair

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has a few questions. Sure. Good afternoon. Have you submitted your documents and exhibits 14 days

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in advance of this hearing? Yes. And this is a special exception. So do you wait to read

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your referral and stipulate to its accuracy? Yes. All right. Thank you. Consider your screen and

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proceed. Thank you. Okay. Can you see my screen? We can. So this is the referral as mentioned for

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3200 Redline Road. This is unit 35C. The referral basically is for eating and drinking establishment

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Referral basically is for eating and drinking establishment takeout restaurant. It's located in a CA1 zoning district, so it requires a special exception, and this is just a single-use referral for a takeout restaurant and CA1 zoning.

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takeout restaurant.

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project information form or appeal the lease

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this is the zoning map um right here is the parcel um the site was zoned ca2 until about 2021

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when takeout was permitted by right and then it was rezoned in may of 2021 to ca1

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which is the only reason that we're here for a special exception. The shopping center's

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function hasn't changed and it's a long-standing existing shopping center surrounded by a residential

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area. It's just aerial view. So this is the location of the site that we're talking about

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in the shopping center. As you can see, it's right on the corner of the shopping center.

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And what exists within it is the existing Santini's Grill, which is really just

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a takeout restaurant. It's very small. I've personally been there, so it's really hard to

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expand for what they want to do, which is an ice cream parlor without having more space.

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But really, there's no room to kind of sit in the space. You kind of walk in, place

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your order, go to the drive-through, walk-through window, take-out window, and that's it. This is

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another view of the space. So on the left is the existing Santini's Grill, and then the right,

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this arts and class studio and spa is the space they will be proposing to take up for

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ice cream shop. As you can see, it's a really small space, so it's why it's for a take-out

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restaurant with the takeout window. There's usually no room to have a sit-down portion of

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this. This is the rear with the refrigerators, bathroom. This is just the existing. This is a

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2022 permit for their existing space. Takeout restaurant in CA1 is only permitted by special

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exception. That's why we're here. As mentioned, we met with the RCO back in September and they

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issued us a letter of support. We sent out all the required mailings and we had unanimous support

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in addition to support from the councilman's office. For the special exception, we have to

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show that there's not going to be more harm than a permitted by right use. We believe that the use

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of an ice cream parlor here with the takeout will not cause congestion. It's an existing shopping

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center that's anchored by Acme, Fine Wine and Good Spirits, H&R Block with a shared lot,

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multiple access points, scepter routes, and a significant amount of parking. It's not going

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to cause any overcrowding. The use is staying inside the existing suite. As you can see, it's

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very small. It's not going to be able to service a ton of people at a time. No impact on light and

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air. There's no exterior changes proposed to this project just for the use. No burden on public

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facilities since there is just a small expansion with an existing space. No harm to conforming

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properties. It's consistent with all other commercial tenants. And this use, unlike a

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child care center, which would be permitted by right, will generate less traffic than some of

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the by right uses. No safety risks. We know open flame cooking or a fryer. It's ice cream, so

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low intensity. And it's consistent with the comprehensive plan for the Far East District

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plan, which calls for reactivating vacant and underused commercial spaces. So we do think we

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meet the criteria. This is just a floor plan so you can see the space. So really just walk in,

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there's the refrigerators to the back some sinks and prep space and again no fryer no um ovens

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none of that it's just ice cream some just additional views um and that's essentially

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our proposal um you have your client yes i think paul it should be here

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Yes, I think, Paul, it should be here.

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Yes, I'm here.

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Okay.

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Sir, could you please state and spell your name for the stenographer?

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My name is Paul Santini, P-A-U-L-S-A-N-T-I-N-I.

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Do you swear or affirm to tell the truth, the whole truth, not thinking about the truth?

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Yes.

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Counsel?

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Hi, Paul.

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Have you heard my testimony today?

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do you believe it to be true and accurate and do you adopt it as your own yes thank you questions

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from the board yes i guess my question is um how um well maybe not question comment whatever um

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um this is an awfully small um space for this was there any consideration to maybe

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having just a window where people could come up in so there is a window um a takeout window

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I'll bring back up the plans because you are absolutely right it's a very small

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space. Can you see right here? Okay. Yeah, sorry. Yeah, sorry. I kind of breezed through that. But

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yes, part of the plan is activating a takeout window. Because to your point, it's a really

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small space. So people can come up to the front door. But the whole purpose is to use these

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takeout windows. And also, obviously, it's seasonal. I think they'll try to do it as

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much of the year as possible. Correct me if I'm wrong, Paul, but most people are not eating a ton

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ice cream in the winter. I do, but I'm not everybody. Is there a plan to put the sliding

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like typical takeout window into those window wells instead of using the traditional double

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hung window? Paul, do you know if you've discussed in full transparency, Michael Johns is the

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architect for the project, which is why he's recreating himself. So I'm not sure. That's what

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I'm asking. Yeah, I'm not sure if he's able. Is he able to answer a question if he recuses

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himself? Is that allowed? Oh, is he allowed? Yeah, like, can he answer the question? Yeah.

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I guess I think you can call your architect. Yeah, they have something like this in my

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neighborhood in Fairmont, on Fairmont Avenue, and that's how they have it. I mean, you walk

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up and you you know they have the they're expansive windows they're not little casement

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type windows like this you're talking about fair amount flavors yeah good yeah you get your you

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know you give them the order and then you wait and then they bring it there and that means that

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the space is better utilized because it's only the employees who are working and they're not a

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bunch of customers trying to so rachel will you go back to the architect and see if that's a

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possibility for us yeah yeah also the client like i just i mean i know that architect yeah paul do

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you have thoughts on the windows of having them yeah i just i i kind of just had those windows

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uh put in um they slide up and down i can i guess have some kind of uh when it's up put some kind of

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opening and closing device to

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make it

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serviceable, I guess.

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Because it just seems like

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that would be the best way

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for this to operate

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effectively.

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And you've got wide enough sidewalks.

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I mean, it's not like

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you have

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minuscule sidewalks where there

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would be a lot of overcrowding.

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It's just an idea.

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i think the only other thing i would say is just in the area up against the fence just

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because there's there's many of these in my neighborhood we have lots of like residential

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ice cream water ice pretzel stands in my community and at one i think the wider

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windows is easier for control when people are coming up and down most of the ice cream places

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also have other dry snacks and like sodas and stuff i think two also making sure that there's

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enough trash receptacles even if you're pulling them in at the end of the day because i think

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ice cream has one of those i want it's drippy there's spoons the kids drop stuff all the time

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there always ends up being a lot of debris right outside wherever the pickup windows are and like

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it blows all over the neighborhoods so i think like those are like the two things specifically

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for dessert shops that i would say and it was the same like in my neighborhood now cops creek

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but it was the same when i lived in fairmount and i had to go to fairmount flavors there

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just cups always everywhere and that was my next you know like question where were you planning to

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put the trash receptacles i'm not seeing them on here but you're going to need them in the question

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Those I'm not seeing on here, but you're going to need them.

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And the question is, where are you going to put those?

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Well, where would you put the receptacles?

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Trash receptacles.

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So is it that I can't answer anything or I can't answer anything?

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I don't know.

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No, I don't think I can.

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So, Paul, do you know your thoughts on where to put the trash receptacles?

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yeah there's there's a receptacle um existing one out there now if if i had to put um

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additional i would of course and we have people cleaning up um you know throughout the day we have

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staff okay all right thank you questions from our attorney no questions yeah we want to keep it clean

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obviously it's good for business not at this time chair okay um planning commission good afternoon

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liz fuselay on behalf of the philadelphia planning commission council initiated rezoning in 2021

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and changed the existing ca2 zoning to ca1 both auto-oriented commercial districts with varying

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allowable uses the appellant has shown that the proposed sit down and take out restaurant will

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have no detrimental impacts beyond what might be expected the planning commission recommends the

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board grant the requested special exception mi-2026-003-997-3200 red line road i vote yes

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with proviso use limited to unit 35c

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cheryl gaston my vote is yes with proviso tanetta graham my vote is yes with proviso ryan mcadams

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my vote is yes with proviso i win my vote is yes with proviso

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hey labibi my vote is yes with proviso thank you council thank you council thank you number 16 mi

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2026 003 998 1101 to 33 south 9th street eileen quigley is the attorney

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Good evening, members of the board, Chair Bergman.

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Good evening. Is it evening? It's not evening yet. Stop it. We're going to be here at like

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six o'clock or something. Good evening, late afternoon.

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Could you please state your name and spell it for the stenographer?

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Eileen Quigley, E-I-L-E-E-N-Q-U-I-G-L-E-Y.

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

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I do.

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Could you identify your client and the relationship to the property?

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so the client is ecu steward llc they're the owner of the property i have representatives

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here from their management arm scott hainer and rick young right and i have a letter of

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non-opposition from passion square um and our vice chair has a few questions good afternoon

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um have you submitted your documents and exhibits 14 days in advance of this hearing

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I have

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and do the way

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the reason of your refusals

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and stipulate to their accuracy

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I do

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okay thank you

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you can share your screen

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and proceed with your case

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thank you

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second

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do they have you in i'm on but i have to get into your um i have to go on sure on the on the link

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right right because i don't see anything offering me the opportunity to um share somebody try to

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help eileen here please oh yeah you do computers too oh my god i need a jack of all trades oh my

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god computers too you know planners do everything no ian tells me that every day i think do i need

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right i can't access it from here from the zba calendar

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Oh, yeah, from the ZBA calendar.

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That's usually how I see it.

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It's usually easier, too.

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Okay, I'll let you.

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I'm good, right?

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Thank you.

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Thank you so much.

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Well, hang on.

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Thank you.

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I think I have to fill in the whole thing.

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Is she registered?

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I am.

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Oh.

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There I am.

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Oh, thank you so much.

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I appreciate the support.

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Okay.

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She has been promoted to panelists.

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Okay.

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so i'm going to pull up my documents oh there you go you're good now it's coming up

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