civus
Hearing video

ZBA Hearing - March 24, 2021

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

i had it open yeah as long as it's open then you share your screen okay there you go we see it

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there you go there we go so here um this is the property here

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uh and it's a uh 20 by 54 lot it looks like it backs up to the l right there

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um and it's half a block from public transportation and um the neighborhood groups up

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south kensington was more concerned with the pedestrian realm so they didn't want the garage

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so we they they said we we wouldn't mind a duplex because the block is a good variety of duplex and

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single family and it would be more in tune with the neighborhood and the lot size is the perfect

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envelope for that and here you see a multi-family on on the beginning of the block um there's

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parking underneath this particular uh unit which is right in the middle of the block

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and you get to see hove street it's uh south kensington neighborhood

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northern liberties i gather and um i could probably go

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into

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the plans we do have charles car here um and he could go over the plans with you guys uh charles

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can you raise your hand if you're here is charles raising his hand

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while we're waiting for mr charles is there anyone who was opposed to this application

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if so raise your hand if you are opposed to this application please raise your hand

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I just unmuted. Can everyone hear me?

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Yeah, just give us a second, sir.

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Absolutely.

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And I have no hands, Chair.

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Okay, so Mr. Dufino, if you could summarize and go quickly through the presentation, that would be helpful.

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Okay, here's the letter of support from South Kensington, basically stating that they have no objection to what we proposed,

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because we met with them like six or seven different various times,

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including a recent board meeting.

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So they're not objecting.

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None of the neighbors are objecting.

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And if you'd like, I'll put up the actual plan for Mr. Carr.

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He can describe it to you if you'd like, and we can go from there.

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Is it a revised plan, though, correct?

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Actually, it's a new application.

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Yes.

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So it's not a revised.

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It wasn't a revised.

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Okay.

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it's a new application

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because we withdrew the other application

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I remember you saying

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I just want to make sure there's no revisions

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to the recent application

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no

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so here's the front elevation

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Charles you want to describe it

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excuse me

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counselor can you

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enlarge

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I think I can

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use the plus sign

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there you go

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thank you so we are proposing uh a duplex uh go ahead you would have to wait to be sworn in

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in full name spell your last name uh my name is charles kerr k-e-r-r

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to tell the truth the whole truth nothing but the truth i do thank you please proceed

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thank you please proceed uh thank you so the the the building that we are proposing is a duplex

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uh thank you so the the the building that we are proposing

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Thank you.

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it is a three-story duplex where the third floor is set back eight feet and there is a roof deck

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with a pilot house above that the first floor is set back into the property two feet with the

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steps being set back in the two feet as well to allow for the zoning requirement walking zone

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So right now the sidewalk is barely five feet.

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And in order to provide the walking zone, we had to provide at least a three or four-foot walking path.

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So that's why the ground floor is set back into the property to allow for that.

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Again, we're trying to match adjacent materials.

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So we're doing masonry on the facade.

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and then we have this alley on the right hand side where the x is to allow access for the

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residents in and out of the rear yard. The the property to the left is roughly a two-story

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warehouse and the properties to the right are roughly a two-story apartment buildings with

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roof deck and then all the properties directly across the street are three stories and more.

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Okay. I think we got it. We got it, Vince. Just hold on. Any questions from the board?

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No. No. Anyone else to testify in this case? If so, please raise your hand.

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No hands, Chair. Thank you. Planning Commission.

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Thank you, Chair. Ian Hegarty for the Philadelphia City Planning Commission.

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In 2017, the zoning map was amended at this location from I-2 to RSA-5 single-family zoning

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in accord with recommendations from the comprehensive plan and with the support of the community.

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Unfortunately, we don't think the applicant has demonstrated that development is restricted by

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any kind of unique physical circumstances or conditions and that the variance, notwithstanding

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the adjacent nonconformities, is not necessary to enable viable economic use of the property.

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And so we would have to recommend that the Zoning Board deny this variance.

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Thank you.

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Was there a letter, Vince, from the, Mr. DeFino, from the district council person by any chance?

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Yes.

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Is that not opposition?

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Swillow or Sanchez?

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Yeah, we didn't get it.

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No, we didn't.

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I didn't ask for it.

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All right.

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Okay.

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Marco Giurini was very instrumental, and he was back and forth with the council office over there.

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Okay.

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I just didn't know if there was a letter.

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All right.

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Thank you.

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MI2020-003085, 1421 Hope Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Calendar number.

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Thank you very much.

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Sure.

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calendar number 1853, 1524 North 4th Street. The attorney is Leo Mulvihill.

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There's a letter from the RCO opposing this application.

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Yes.

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Hi, Mr. Mulvihill, can you hear me?

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Mr. Mulvihill, you're still muted.

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and we can't just move to number five because that's also leo

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so why don't we do this let's move to number

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12. 6. 12. I'm sorry, you're right, 6. Number 6, calendar number 0742-2116, North 20th Street.

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I see no hands. Is it an attorney in this matter?

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Michael Green is listed as the owner.

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Is Mr. Green available?

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Is Mr. Green available? Anyone available for 20?

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Anyone available for 2116 North 20th Street?

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This is the first listing.

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I have a Mr. Michael now.

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Mr. Michael, can you unmute yourself?

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Mr. Green?

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You need to unmute yourself.

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good morning mr green good morning good morning identify yourself name is michael green

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g-r-e-e-n we're in the firm to tell the truth the whole truth nothing but the truth

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yes sir are you the owner yes i'm the owner are you an llc or an lp no no sir okay carol

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thank you okay sir do you um have you emailed the exhibit packet with proof of ownership tax

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compliance refusal or referral photos and our plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter yes i have everything i

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should have been emailed in by herbert scott okay um you may proceed um

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Um, uh, Herbert Scott was supposed to be on here to, uh, to, uh, let you guys know what

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was going on.

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But since he's not here, I guess I'll talk myself.

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Give us a description of what your, uh, your application's about.

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I mean, any, any exhibits you have, please share them with us.

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Well, basically the, the house is, uh, next door to my mother's house.

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Uh, my mother is under PHA.

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So I decided to buy a house for her.

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It's right next door.

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the house my mom lives in is a duplex and I just wanted to give her her own duplex directly next

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door the last hearing I didn't get my paperwork in in time I think I did it this time but via

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Herbert Scott and I'm just just waiting waiting to you know go ahead with the project you have

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any exhibits you can share with us I actually have nothing sir Herbert Scott is supposed to

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be on here with everything uh i'm just sitting here watching for the last hour and a half two

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hours i'm sorry chair may i ask the question sure uh this is tanya um mr michael um who is herbert

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scott in reference to the project herbert scott was my architect okay i see that there's two names

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that says herbert if he wishes to raise his hand to present he can be sworn in and present and you

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can speak to the case. Yeah, I hope Herbert Scott is trying to sworn in. I'm sitting up here.

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Give us a second. Ms. Sunkit said his hand is up. I think I heard. No, he has two devices. Okay,

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now he raised his hand. So, Lakeisha, can you promote him so that he can present? And Michael,

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you can start off the presentation and then as necessary, the architect can follow up

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with additional information thank you thank you chair

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excuse me i just want to make sure um leticia are you on and is your um zoom working okay

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yes i just promoted um mr sky he should be coming back in as a panelist now

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Mr. Scott, it looks like there's okay. Do you have audio though? Can we do an audio

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a check? Mr. Scott, we can't hear you. Sir, could your audio be muted on your computer maybe?

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Could the other device be his audio? Yeah, because there's no audio on this device. There's no mic

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or anything present. So Chair, I'm not sure, but we might want to move on. I'm not sure if that

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the technical problems have caused us to delay. But I do see that Mr. Movahill said he would

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return very shortly. He had a situation that he had to send to.

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We don't know if he's available right now, do we?

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He texted and said that he would be back momentarily.

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He texted and said that he would be back momentarily.

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Let's ask. Let me ask, is Mr. Marblehill available?

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Still on mute.

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Mr. Scott, can you try to unmute yourself one more time?

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Scott, you're still muted.

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okay so here's the thing uh mr scott if you could just here we go if you can present any way you

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don't really need to talk as much and then let michael handle the presentation so you can promote

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to the screen your exhibit mr green um well hopefully mr scott will be able to give us

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the exhibits as you walk us through your application

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You still have two versions of yourself in here and one of them is muted

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and doesn't have video and the other one has video that is muted.

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This is Sharon. If the board members are able to access their email,

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I just forwarded you the exhibits for this case.

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Thank you.

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Chair, if I could ask Michael, are you prepared to move forward with this case?

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Because Herbert Scott cannot present your case.

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I'll try the best way I can.

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I'll definitely try the best way I can. This is him calling me now.

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herbert they're trying to get you on

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back up and looks like he moved he went to another room tanya do you think we would be able to if

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um mr michael's um audio was working have him put mr scott on speakerphone well he really

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doesn't need to talk okay he just can promote the exhibits really got it so it's pretty much

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that's what he needs to do but they're talking on the phone right now thanks tanya

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Chair, in the efforts of moving forward,

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can we try to see what else we have on our list

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to go to next?

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We can move to number 12.

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Yep.

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Calendar number...

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Oh, I'm sorry.

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Calendar number 3108-8612-14 Germantown Avenue.

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The attorney is Michael Duffy.

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Good morning, Mr. Duffy. Can you put your name and address on the record, please?

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Yes, thank you. Michael Duffy, 1812 Spruce Street, Philadelphia, Pennsylvania, 19103.

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and i am appearing for the uh owner of eight eight six one two germantown avenue uh the owner is

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chestnut hill real estate lp thank you do you swear or firm to tell the whole truth and nothing

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about the truth i do do you also agree to waive the reading of the refusal and stipulate to its

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accuracy uh i would add to the stipulation there was a corrected refusal um okay that was submitted

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the first one uh referenced the third floor and the corrected refusal corrected it to reference

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the first floor um okay yes have you emailed the exhibit packet with proof of ownership tax

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compliance the refusal or referral photos under plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter i've only very recently became

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