civus
Hearing video

ZBA Hearing - March 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 22, 20235h 37m

That case has been withdrawn.

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Number two, MI 2022 001 374 4812 Knox Street.

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that case has been withdrawn. And number five, MI-2022-001-761-3518 G Street,

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that case has been withdrawn. Are there any other requests for withdrawals?

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Once again, sir, I do not see any hands raised.

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Thank you. And also, case number nine, MI-2022-002-208-744 North 4th Forty Street. I vote to dismiss this case.

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Thomas Holliman, my vote is to dismiss this case.

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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.

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We're going to go to our add-on list.

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Case number one, MI 2022-003-671-2032 West Tioga Street.

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This case has been withdrawn.

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Number two, MI-2022-003-682-2030 West Tioga Strait, this case has been withdrawn.

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Number three, MI-2022-002-233-5607-13 Germantown Avenue.

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I vote yes with provisos.

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I vote yes with provisos.

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Temporary special exception expires 4-1-26.

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Assembly and entertainment use limited to the second floor.

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Thomas Holloman, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, yes with provisos.

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Thank you.

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Number four, 7078 Lincoln Drive, MI2023-001438.

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The parties in this appeal have agreed that the applicant slash property owner has established a vested right in the subject zoning permit.

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due to the non-refundable payment to housing trust fund as work done in reliance on the

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subsequently issued building permit. As a result of this agreement, the board is granting this

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appeal on the sole grounds that the appellant property owner has invested interest in the

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subject zoning permit. The board is not rendering a decision on whether the removal of the trusses

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constitute a demolition under the zoning code, and was thus outside the scope of the issued zoning permit.

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I vote appeal granted.

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Thomas Holloman, appeal granted.

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James Snell, appeal granted.

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Ishmael Shahid, appeal granted.

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Mr. Shahid, can you please certify that you watched the video of the hearing?

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Yes, I've certified that I watched the video of this hearing, and I am fully aware of all

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that's going on with this case.

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Ishmael Shahid, appeal granted.

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Number five, MI 2022-005-983-2106 North 9th Street.

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This case was waiting on a letter from the North Central East RCO.

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It's received in a letter of support.

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I vote yes.

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Thomas Tolman.

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Thomas Tolman.

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Thomas Tolman.

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My vote is yes.

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James Snell.

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My vote is yes.

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James Snell.

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My vote is yes.

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Mr. Chair, Mr. Shahid wasn't present for this case last week, so it's just you, Mr.

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Holloman and Mr. Snell.

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Thank you.

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Number six, Mr. Shahid will handle this number, this case.

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vote only

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one second just so I can read it into the

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you also got a certify again

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sure

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so sure

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number six

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It's MI-2022-006049, 3334 North 17th Street.

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I would like to first certify that I have read and reviewed all the material associated with this case.

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And I would like to move straight into the voting process.

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Ishmael Shahid, my vote is yes.

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Thomas Holloman.

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Mr. Chahee, I'm sorry, there are revised plans that were, yes, were requested as a proviso.

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You can read that into the record as well.

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Thank you.

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Yep.

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Hold on a second.

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Can you just see that?

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Okay.

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And then also we want to add the proviso to that because we're going to grant it.

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The proviso, I don't see the proviso of Hillary to read in.

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It's revised plans, one page, stamped by ZBA March 22nd, 2023.

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Revised plans, one page, stamped by ZBA on March 22nd, 2023.

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My vote is yes.

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Thomas Holloman, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Thank you.

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We're going to go to our main list.

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Number three, MI 2021-005.

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MI 2021 005069 610 Locust Avenue. Shante Tager is the attorney.

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Letter of support from 12th Democratic Ward.

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They've been reintroduced as a panelist, sir.

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Okay.

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I'm here.

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Hi.

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

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Shanti Tager, S-H-O-N-T-I-T-A-G-E-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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I do.

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

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So my client is Rock Simcha, LLC.

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They own the property.

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Okay.

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And Mr. Shahid has a few questions for you.

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Certainly.

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Good afternoon, Counsel.

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Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes.

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Have you emailed into our offices all the required documents and exhibits to proceed with this case five days in advance of this hearing?

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I emailed everything except for the certificate of tax compliance.

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um apparently uh rock did not have a um registration on the city's website because

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they pay their taxes via mail um so i advised my client to register uh i sent in um some other tax

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documents uh this morning um showing that they were up to date on their taxes and i got a reply

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from um miss uh saletta saying that that would be sufficient for now uh if the board uh so desires

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and is so inclined to grant the relief they can make the submission of the tax certificate a

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condition of that and i'd certainly be willing to do that and get that tax certificate to

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compliance as soon as i can grab it from the from the website okay please proceed and share your

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screen okay um i sorry this is my first philadelphia zba hearing so i wasn't um didn't

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know too much about if if i direct you guys to the different uh exhibits that that i had and you had

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that in front of you or if i need to share the screen and do it share the screen to do it sir

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Okay. I'll try to see if I can do it that way.

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Is there a green button on the bottom? Green button?

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Yeah.

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Is that share screen?

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Yeah, certainly.

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Screen one.

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Actually, go to screen two.

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Share.

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Okay.

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And you can see just the empty screen right now?

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It's...

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We see now a bunch of files.

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Okay, perfect. I can just pull the exhibit straight from here.

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Okay, so the first exhibit I'll show you is just the plans.

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These are the plans that were submitted to L&I originally.

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So the property is a 1,908 square foot vacant lot.

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It's located in the RSA 3 district.

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The lot is existing non-conforming in that it is 1,908 square feet, whereas 2,200 square feet is required.

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It has a width of 19 feet and one inch, whereas a 25-foot width is otherwise required.

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There was previously on this property a semi-detached dwelling that we learned was destroyed by fire.

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the remaining semi-detached homes on the street each have three foot by one foot side yards

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whereas the zoning ordinance in place now requires eight foot side yards

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and we presume because they're all twins on this in this small section that the that the

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house that had previously existed that burned down also had that three uh three foot one inch

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side yard and basically what the property owner and the application is requesting for the board

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is just a dimensional variance to allow for a single family semi-detached dwelling with the

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three foot one inch side yard whereas an eight foot side yard is required by the variant or by

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the zoning code. The proposed residence would be 16 feet wide as opposed to an 11 foot by one inch

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width that would that the ordinance would specify. So with this 16 foot wide single family detached

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residence it would it would match the other the it matched the side yard.

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um it would match the other uh the it matched the side yards of the other uh homes that are

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on the property and if uh if you if the board is so inclined I can show you an aerial view of the

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other um of the other uh pictures on the property let me see you where it is it's a nine I think

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so here's the here are the other twins that are right there and as you can see this is our property

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and it's missing uh obviously it's vacant this is the companion twin on the other side

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so they each have these three foot one yard uh three foot one inch side yards right here

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and we're really just wanting to build another house that maintains a three foot one one inch

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side yard and uh i i there is a the project architect is online today it's mr michael cole

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um he would be able to answer any technical questions for you and i'd be happy to take

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any other questions from the from the board at the time uh why don't you have your client here

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uh well mr linietsky is the principal he's he's not present today no okay all right so you're

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enrolled to the court we'll take your testimony yeah um questions from the board

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no mr chairman no mr chairman no mr chairman no mr chairman all right um questions or comments

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from the virtual audience? Yes, Mr. Chair. I have Mr. Charles Richardson again. I have allowed him

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to speak. Sure. Good afternoon, Mr. Chair. Mr. Richardson, after you've been here numerous times

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today, just state your name, please, and you can start talking. Okay. Charles Richardson,

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Office of Councilwoman Cindy Bastring, 508 City Hall. Councilwoman has no opposition to granting

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this variance thank you very much is there anyone else in the virtual audience

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no further hands mr chair planning commission thank you chair bergman david fecto f-e-c-t-e-a-u

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with the city planning commission do you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes sir i do proceed thank you sir the comprehensive plan recommends no change

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to the single family zoning at this location the proposed dimensions are consistent with adjacent

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properties and with the surrounding neighborhood so the proposed dimensional variance is in keeping

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with the purpose and spirit of the zoning code the city planning commission recommends the board

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grant the dimensional variance thank you mi 2021 005069 610 locust avenue i vote yes yes

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with proviso. Revised plans

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one page, stamped by CBA

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March 22nd, 2023.

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Thomas Holliman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Thank you, sir.

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Thank you.

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Okay. Number six, MI-2022-006-987-1682 North 54th Street.

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Alan Nockamson is the attorney.

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No RCO letter at this point.

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Am I right, Hillary?

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One moment, Mr. Chair.

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see that is correct we do not have an rco letter for this one at this time right

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uh good afternoon mr chair members of the board alan knockamson a-l-a-n last name knockamson

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n-o-c-h-u-m-s-o-n do you swear or affirm to tell the truth the whole truth and nothing but the

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truth i do could you identify your client and relationship to this property uh yes my client

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is HHS Realty LLC. They're the owner of record of the property. And in the virtual audience,

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I have Hussein Hussein, its member. Okay. And Mr. Shaheed has just a few questions for you, sir.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? No, I actually, well, yes. I object in the sense of we originally, we applied for four

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units if for some reason the refusal says three but we did it by way of her revised plans understood

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Understood. Have you emailed all the required documents and exhibits into our offices to proceed with this case five days in advance of this hearing?

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have you emailed all the required documents and exhibits into our offices

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Yes, I did.

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Thank you. Please proceed and share your screen.

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Hi, so I'm here to present 1682 North 54th Street. In my presentation, we'll first review the notice of refusal.

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I had a placeholder for correspondence from the Hestonville Civic Association, I believe, when I was transitioning into the virtual.

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As a panelist, I heard the chairman state that there is no letter from Hestonville Civic Association.

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That is correct.

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We met with them at a certified RCO meeting on the 14th.

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