civus
Hearing video

ZBA Hearing - April 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Apr 19, 20235h 8m

Thank you.

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Chair, and there's 47 attendees, and you can start as you wish.

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Thank you.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, Thomas Holliman.

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Present, Mr. Chairman.

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And our board member, James Snell.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's our virtual format.

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Be advised if proceedings are being recorded.

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A video will be available by contacting TanyaSunkett at philip.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify

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themselves before testifying. If you're participating by phone, if you wish to testify,

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press star nine to raise your hand and star six to unmute. To an appearance statement, call

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267-270-5548. Leave your email and the address of the property in question.

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And finally, the question-answer box on the screen is now for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunkett.

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Let's take a look at our continuances for this morning's hearings.

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Number three, MI 2022, 000397, 2005 South 4th Street. That case is continued. Mark must be tried.

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number 11 mi 2022 004 899 2236 mount vernon street with mr pagano the owner and applicant

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please come on along with mr ryan bowen the council for spring garden civic association

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good morning mr chair this is jason hand i will be the co-host this morning thank you

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jason mr ronald has raised i've allowed him to speak sir all right is mr pagano on

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mr bigano if you're in the virtual audience please raise your virtual hand

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i do not see him sir

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calls in one more time for me please

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mr joseph pagano if you're in the audience please raise your virtual hand

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no hands or response sir

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Wait a minute, sir. I have a hand raised from a number ending in 9-6-6-0. Do I allow them to speak?

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Please.

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Sir or madam, please unmute and wait to be sworn in.

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Star six to unmute.

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Could you state your name, please?

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Hold on, Chair.

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Sir or Madam, please unmute.

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Star six to unmute.

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Yes, thank you.

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My name is Grabe, G-R-A-B-E.

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First name is Thomas.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Do you have an interest in this case on Mount Vernon Street?

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No, I'm sorry.

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I'm for the mastery picket.

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Okay, good.

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We'll pull your case in a little bit, sir.

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I'm sorry.

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Mr. Pagano has not put his hand up?

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Mr. Pagano has not put his hand up.

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No, he hasn't, sir.

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Mr. Boland, are you on?

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Yes, I am.

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Please state your name and spell for the court reporter.

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Yes, Ryan Boland, R-Y-A-N-B-O-L-A-N-D,

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1801 Marcus Street, Suite 2300, Philadelphia, PA-19103.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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You had comments relative to this case today, sir?

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Yeah, I'll keep it very brief. I sent a letter into the board and Ms. Emerson on Monday. I represent Spring Garden Civic Association, who is the RCO here. There was strong opposition to this project, which was joined in by Council President Daryl Clark.

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There was a continuance granted back in October on the basis that the applicant was going to confer with the neighbors and the RCO.

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Nothing has happened in those approximate six months.

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We oppose a continuance and we want this dismissed because all that all that these serial continuances are doing is really disenfranchising people that want to appear to oppose this.

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And this isn't a complicated project here.

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they're trying to convert an RSA 6 legal non-conforming duplex into an Airbnb. It's

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really take it or leave it, you know, not anything to discuss here. Okay. All right. Thank you, Mr.

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Bold. Appreciate it. Hillary, do we have exhibits for this case? We do not, Mr. Chair. Only the

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requests for continuance from the property owner, Mr. Pagano. MI 2022-004-899-2236 Mount Vernon

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Street. This is second listing. We still don't have exhibits. I vote to dismiss.

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Thomas Holloman, I vote to dismiss.

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James Snell, I vote to dismiss. Ishmael Shaheem, my vote is to dismiss.

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Thank you, counsel. Thank you. All right. Number 13.

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MI-2022-003-171-3421-35 Richmond Street. This case is continued. Are there any other cases,

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are there any other requests for continuance?

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Good morning, Mr. Chair. I do not see any hands.

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Thank you. I have several cases with no exhibits. Number four, MI 2022-006-735-4031 Spring Garden Street. No exhibits, first listing. This case is continued. Mark must be tried.

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number seven

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excuse me Mr. Chair

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this is Hillary we had a hand go up

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and maybe in relation to that

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case okay

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I'll let that person speak

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hello this is

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regarding 4031 Spring Garden

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is that correct

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yes it is sir could you state your name

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and spell it please for the court report

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yes yes I will

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hello my name is

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Yanis Sidnor, Y-U-H-N-I-S, last name S-Y-D, as in David, N-O-R.

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Right.

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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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Your Honor, yes, I do.

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Okay.

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Proceed relative to this case.

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I am a longstanding resident of the block and community taxpayer.

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I am opposed to this property.

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Okay.

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I'm opposed. I'm sorry. So so we're we're continuing this case and the cases mark must be tried. We're not going to hear this case today because it's the first listing. We don't have exhibits. So we're going to give it one more time to come in and we'll look for the case to happen the next time it's called. OK, well, thanks for your courtesy and you have a good day.

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You too, sir. Thank you. Number seven. Did I get the seven? MI 2022-006-734-2402 Spruce Street. First listing, no exhibits. Continued. Marked must be tried.

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Excuse me, Mr. Chair. Can we just see if anybody is here for that case? 2402 Spruce Street. Thank you.

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sir there's a hand up by mr thomas de lorenzo do i have him to speak

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sure understood good morning sir could you state

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Sure. Understood. Good morning, sir. Could you state your name and spell, please, for the court reporter?

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Thomas DiLorenzo, first name T-H-O-M-A-S, last name DiLorenzo, D-E, capital L-O-R-E-N-Z-O.

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All right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Are you having an input for 2402 Spruce Street, sir?

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Yes, and I'm a neighbor.

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I just wanted to understand, did you say this was being continued?

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Yeah, it's being continued.

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It's being continued.

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We do not have exhibits for this.

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I'm going to continue it, and Mark must be tried the next time the case comes up.

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Okay, and if I registered, will I get a notice?

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You should be notified, sir.

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All right, thank you very much.

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Thank you for taking the time, sir.

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number 10 mi 2022 006 737 619 north 39th street no exhibits first listing is there anyone in the

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audience chair i see no hands at this time okay um this case is continued mark must be tried

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That's MI-2022-006-737-619-North 39th Street.

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Number 12, MI-2022-000-290-56-51-63 Walnut Street.

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No exhibits, third listing.

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gci construction as a third party professional involved in this

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again mr chair no hands at this time so so mi 2022 000 290 56 51 to 63 walnuts street

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there are no exhibits this is the third listing i vote to dismiss

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Thomas Holliman, my vote is to dismiss

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James Snell, my vote is to dismiss

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Ishmael Shahid, my vote is to dismiss

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Thank you, and number 15

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MI 2022-006-736-2129

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Pine Street

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We have no exhibits, this is the first listing

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sir mr charles goodwin has his hand raised i've allowed him to speak at this time okay

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hi yes my name is charles goodwin c-h-a-r-l-e-s uh goodwin is g-o-o-d-w-i-n i live at 2127 pine

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street uh i'm here do you swear sir let me swear you in first do you swear or for him to tell the

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truth, the whole truth and nothing but the truth. Absolutely. Okay. So this case is for 2129 Pine

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Street. And I gather we're continuing it. I will. I'm the immediate neighbor. I don't know if any of

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my other neighbors are here today. I will just note that I reached out to counsel for the applicant

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asking if he was going to seek continuance and never ultimately got a response. Okay. Okay. So

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this is the first listing. We have no exhibits. I'm continuing the case and Mark must be

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tried. So MI 2022-006-736-2129 Pine Street, this case is continued. Mark must be tried.

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Thank you very much, Mark. Mr. Goodwin, thank you so much for calling in. We appreciate it.

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Thank you. Okay, and then I'm going to go to case number one. MI 2021-004-902-5858 Woodcrest

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Avenue. This case has been withdrawn. We're going to go to our regular list. Number two, MI 2022-000-406-5947

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North 13th Street. Our counsel, Hillary Emerson, has recused herself. Ryan McShurry will be the

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attorney filling in for her. This

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application is for two

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family household living in an existing

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structure. The proposed

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use two family household living is

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prohibited in the RSA 3

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zoning district, whereas two

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parking spaces are required

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and none are proposed.

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Unique Cooper is the owner

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applicant.

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They've been promoted

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to panelist, sir.

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good morning

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Good morning. Could you please state your name and spell for the court reporter?

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

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My name is Unique Cooper, U-N-I-Q-U-E, last name C-O-O-P-E-R.

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my name is unique

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

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Yes.

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Our vice chair has a few questions for you, but I would take note, we have a letter of support

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from a concerned community association and letter of support from Council Member Phillips.

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Now our vice chair has two questions.

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Good morning, ma'am. Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes.

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Thank you. Please proceed and share your screen.

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There'll be the green button at the bottom of the screen.

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Here it is.

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okay so tell us what you want to do man i am going to present um just all of the information

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to everyone here today and i'm going to put it in presentation view

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i'm sorry one second okay so first i would like to say my name is uni cooper i'm the homeowner

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of 5947 North 13th Street.

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Here is the provided documentation

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of the actual deed

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as well as the tax clearance

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to the property.

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The provided blueprints

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as requested for the unit.

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One is to the left.

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Unit two is to the right,

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the furthest right.

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And the middle display

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would be the basement of unit one.

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i want to provide some images to show you guys the front of the property the side of the property

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where the trash will be held for both the two units here's just another angle of the side view

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and this is the structure of the back of the property

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when you first open up the door to the front there are two separate entrances the unit one

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in Unit 2. The upstairs is the Unit 2. And when you walk up the steps is the living room access

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to the Unit 2 as well as the kitchen.

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I'm providing the hallway as well as the bathroom for Unit 2.

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here's the um entrance to the bedroom and there's another view of the bedroom

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