civus
Hearing video

ZBA Hearing - March 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 24, 20215h 56m

And in addition to some of the city projects Ron mentioned,

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we also did 1213 Walnut Street, which is not too far from this project,

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a ground-up 25-story apartment building as well as converted the air condominium on Washington Square.

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So our purpose for acquiring this building was and remains to develop it.

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And could you briefly elaborate on the history of perhaps your attempts and why they haven't

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materialize due to circumstances? Certainly. We've made several starts and unfortunately stops

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along the way. One original attempt was to develop an entertainment complex

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called Disney Quest and we actually were under construction with this

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and at that time the Disney company decided to discontinue that entire operation nationally

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So we ended up turning it back into a surface parking lot.

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Several years ago, we made an attempt to obtain the last casino license available in the city of Philadelphia

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and went through a two-year process of plans and presentations, and it was ultimately awarded to the stadium site.

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We continue to explore development opportunities, but we're not willing to compromise based on the fact that we think this should be a large, dramatic, transformative development for the benefit of Market East and the city.

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And we've had some interest in grocery stores, home improvement centers, things like that.

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And we've had some interest in grocery stores, home improvement centers, things like that.

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But based on the zoning, based on the important location, and the fact that it's so large,

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it's a two-acre parcel in the middle of the city, it really should be two or three towers,

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have a grand podium, a number of different uses, a design that works together.

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and the uses could and should include office and residential, hotel, retail, and entertainment.

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But putting that package together is not easy and the fact that we've been through COVID for a year

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has made it even more difficult to assemble and of course the market for a residential, retail,

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office, and hotel were all negatively impacted as well.

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And, Bob, so in your opinion, in your position, is this parking lot, you know, as it's operating, provided a service to the area and has it operated without incident, to your knowledge?

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It does. And we know that. And we actually asked a planner to analyze that for us.

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Yes, we have to testify soon.

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um and at this point the to to be honest the revenue from the parking is pretty much being

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used up to pay real estate taxes and parking taxes so um some regard i feel like we're running

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this for this for the city more than ourselves and if i could ask you bob if if someone came to

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you or you've really figured out in this day and age how to develop it, how long would it take

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to really go from, you know, to solve designs to designs to paper to approvals and actually

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start construction if you have an idea? Sure. If we had two or three large users

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walk into our office tomorrow, we're probably, I'll say, 18 months at best case, 24 months

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more reasonably before we could get a shovel in the ground.

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Okay. Thank you. If there's any questions for Mr. Freeman, I'll move on briefly to our land

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planner does the board have any questions no no am i on zoom no um i don't know about

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oh we we don't see you but we'd love to see you you know i put a sport coat on over my shorts and

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not over your shoulders i'm i'm really disappointed but i'm not going to stand up

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Well, if you figure it out, we'll get your face on here.

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If we could promote Nancy Templeton, please.

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She's available.

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Thank you.

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Nancy, are you there?

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I'm here.

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I'm Ms. Templeton.

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Can you put your name and address?

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Nancy Templeton, T-E-M-P-L-E-T-O-N.

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The address is 1520 Lopez Street, Philadelphia, 19102.

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

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I do.

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Thank you.

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You may proceed.

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Before I talk to Nance, I just have one more question for Mr. Friedman.

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Bob, we attended the RCO meeting with the fifth Republican ward.

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Yes, Ron, you and I were both at that meeting by Zoom.

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Yes, and how many people attended that meeting, if you recall, besides us?

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Oh, geez, I'd say about a dozen or so.

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And we testified and discussed the matter with them for about a half hour, if I recall.

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And in lieu of we don't have their letter, could you relay, you know, how the meeting went and how they voted, if you know?

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Yeah, they seem very supportive.

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They understood why it was a parking lot.

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They were interested in what some of our thoughts were to ultimately develop it, but didn't

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seem to have any concern about the temporary use.

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Okay, Bob.

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Thank you.

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All right, Nancy, could you tell the board your name and address, please?

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Nancy Templeton. I work for CH Planning at 1520 Locust Street in Philadelphia.

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And what is your position there? I am a Managing Associate Planner.

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i am a managing associate planner okay and um i'm i i'm showing the board my um exhibit 11.

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Okay, and um...

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um you recognize that as your letter i do and uh so you're a professional land planner

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yes i am and uh could you briefly uh summarize what you what you looked at what you what you've

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studied and what your conclusion is with regard to this part with this property continuing our

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operate as a parking lot? Sure. I am old enough to remember the Disney Quest and

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the casino proposals. I'm pretty familiar with the area, having lived and worked in the area for

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quite a long time. It's, you know, I know it's been a parking lot for over 20 years operating

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that way. I understand it's a temporary use and I think in that time there haven't been

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any discernible disruptive impacts to the neighborhood and in fact in this time you

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know when we have disruptions and transit service and people are reluctant to take transit it serves

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a good purpose um for alleviating uh you know parking pressure in this pretty busy neighborhood

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so again i think it's appropriate as a temporary use and there haven't been uh you know any

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negative impacts to the neighborhood over that. Thank you. That's all I have for Ms. Templeton

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if the board has any questions. Does the board have any questions? No. No.

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Any other witnesses, Ron? No, that concludes my case.

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Planning Commission? Good afternoon, Madam Chair. I know. Is there anyone else

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who would like to speak on this case there are no hands thank you david good afternoon madam chair

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members of the board david effecto city planning commission this property is zoned commercial mixed

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use five which is the densest zoning district in the city for this reason it does not allow open

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air parking lots there are no unique features of this lot that would prevent the applicant

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from complying with the city's parking lot landscaping standards and the requirements

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for parking spaces for bicycles electric vehicles and accessible vehicles for in for disabled

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individuals if the applicant were to comply with those requirements then we could support the space

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remaining as non-accessory parking since the applicant is not complying with those standards

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we recommend that the board deny the request variants um i would just comment that you know

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if we did, we would severely reduce the number of parking spaces which would, you know, not

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support the demand that's currently there. Is that accurate, Bob?

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Please mute it. Mr. Friedman, you can unmute.

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sorry can you hear me now yes yes yeah I was going to say that we maintain a nice parking

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lot along the perimeter we put up a nice fence we have some landscaping it's well maintained

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to start pouring money into beautifying the parking lot and losing parking spaces

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just doesn't seem to make a lot of sense for a temporary use.

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So we would request that those be waived.

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Okay. Thank you.

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okay so uh the rco meeting was held no letters received and you do understand councilman scuola

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supports this but if only limited to a one-year variance yes we're aware of that statement

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okay we don't believe it's enough time of course but we're aware of it thank you calendar number

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0363-800-38 Market Street.

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My vote is yes with the temporary ending April 1st, 2022.

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That would be for one year.

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Yes, Reproviso.

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Yes, Reproviso.

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Yes, Reproviso.

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Okay, thank you.

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Thank you.

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That concludes the two o'clock.

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Sure.

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the two o'clock hearings that's the two o'clock i think we're supposed to ask is there anyone

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that's the two o'clock i think we're supposed to ask is there anyone who's waiting for a hearing

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uh to testify and in the cases we just heard on the two o'clock list did we miss anyone

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is there anyone in and is there anyone in the virtual audience waiting

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to testify no okay great take a 15 minute break be back at 4 30 we can go live pauline

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okay we're good to go sir thank you

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Lakeisha we'll wait for you to give us the green light

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all ready chair ready okay thank you good afternoon everyone my name is Frank DiCicco

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I'm the chair of the zoning board of adjustment I'll be participating in today's hearing along

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with our Vice Chair, Ms. Carol Tenere, Board Secretary, Mr. Confessor Plaza, and Board

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Members, Mr. Thomas Holloman and Mr. James Snell. Board Administrator, Lakeisha Dandy,

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and our Board Attorney, Ms. Sharon Sletta, are also in attendance. For those of you who

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haven't yet participated in one of our virtual hearings, I'll go through some of the basics

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

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

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recorded and that by participating you acknowledge your agreement to be recorded and the recording

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will be available to the public on the web or otherwise. Third, for anyone participating by

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phone if you wish to testify you must raise your hand by hitting star nine and then star six to

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unmute yourself. I'll repeat. To enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue. Finally, to enter an

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appearance statement, call Google 267-270-5548 and leave your email address and the address of

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the property at issue i'll just repeat that one more time to enter an appearance statement call

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google 267-270-5548 and leave your email address in the address of the property at issue i'd like

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to remind everyone please do not attempt to testify in the chat any comments should be

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directed to our board administrator miss dandy having said that i will be read off a list

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of requests for continuances on the 330 list and Sharon do I just read Emily Street off or do I

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need to call that and ask you should call that out please okay uh call it out as continued

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or no I believe the applicant is in me okay very good uh following cases are being requested to be

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continued number three on our list mi 2020-00304 2036 germantown avenues continued number five on

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our list mi 2020-001434 2232 east estaugh street uh is being continued uh is there anyone who

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disagrees with those continuances, please raise your hand at this time, only if you

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are in disagreement with those cases being continued.

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No hands, Chair.

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Thank you.

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Is there anyone requesting a continuance or withdrawal on the 330 list?

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If so, please raise your hand at this time.

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we have a miss kindred miss kindred you can't mute yourself

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hi can you hear me yes miss kindred please identify yourself with the record spell your

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full name it's kendra chavis would you spell your first and last name please sure it's k-e-n-d-r-a

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last name is chavis c-h-a-v-i-s you swear and affirm to tell the truth the whole truth nothing

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about the truth? Yes. And what case are you calling a reference to? Uh, 2215 and 2217 West

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Tioga. Number four. Number four? Are you requesting a continuance? Yes. We have not been able to meet

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with the RCO. Excuse me, this is Sharon Saleta. I'm sorry to interrupt you, but can you confirm

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can you confirm confirm what your relationship to the property is

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confirm what your relationship to the property is?

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i'm representing the owner um are you an attorney no no you are not

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go ahead chairman you're not permitted to represent the owner this is the third listing

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on this we have no exhibits um go ahead okay this is the third one and i think we we uh

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i've said that in the past that they need a an attorney uh it's an llc so mi2020-000374

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222 excuse me 2215 and 2217 west ioga my vote is to dismiss dismiss dismiss dismiss dismiss

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Dismissed. Okay, any other requests for continuances or withdrawals?

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No more hands, Chair. Thank you. We'll call the first case, Carol, but we'll check

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with Sharon. I believe we do not have any exhibits. Calendar number 0031-101

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on emily street um this is sharon we received a few exhibits approximately 15 minutes ago

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um it did not include did not include the deed the refusal or um a tax cert

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is uh francis smith available

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he's allowed to talk yes mr smith please identify yourself with the record name and

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address and i'll swear you in okay my name is francis smith

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uh white good properties 101 emily you swearing it for him to tell the truth the whole truth

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nothing but the truth yes i do you heard our solicitor mention that we do not have

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all the proper uh exhibits i know i just had my son do it i i had because when i got the paperwork

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i sent it to the architect he said he was going to take care of that for me i guess he never did

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listen to all the cases i tried calling like five times never answered my phone call i just had my

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son trying to send all that paperwork in it has to be in five days in advance unfortunately and i

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I know Councilman Squillis sent the letter of my opposition, but unfortunately, we can't help you without the proper material.

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How will I be able to do this then?

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I mean, because I did send it to my architect and told me he was going to take care of it.

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I guess call your architect and tell him to follow what the process is.

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I called him.

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He won't even answer my phone call.

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The last time he actually said something to me was in May 12th, 2019.

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Sir, I'm sorry, Tia, if you don't mind, may I speak?

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Please do.

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This is Tanya Sunkit, the board administrator.

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The document was emailed to the applicant of record, and it's their responsibility to ensure the instructions are followed.

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Unfortunately, this causes a dilemma for you.

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But if you would like to reach out to me in the RCOZBA mailbox, I can try to schedule you earlier than what we're currently scheduling for, which is August.

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So if you can reach out to me sooner, I can try to get you in within a couple months rather than a few months.

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Mr. Smith, I think it's good advice, and I would suggest that you follow up with Ms. Sunkett.

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i appreciate that can you tell me one more time who i have to get in touch with

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it's the rcozba box it should be on your document that was emailed out okay

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i'm looking i really don't see it but the woman who's speaking is tanya sunkett s-u-n-k-e-t-t

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so you can look for her name as well and this is sarin mr smith i have your email address i'll

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send you the information i really appreciate that okay you're welcome have a good day thank you all

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do we call this as do we call this as continued

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