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Hearing video

ZBA Hearing - April 27, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 27, 20224h 7m

been here for about a year uh we're looking to make this our long-term home so um this application

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for the variance has to do with just making this more accommodating for what we're looking for

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long term um we really love this neighborhood uh so we'd really love if we can kind of make this

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home our own and then play here long term and as i mentioned we're working with beth johnson so

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she's an architect with brighton architecture so she's one who prepared these plans for us today

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as well all right so just high level um we're proposing to build a deck in the existing rear

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setback of our house. So the property has only a six-foot rear yard as opposed to the usual nine-foot

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setback. There was a variance when the house was built in 2004, so we have only that six-foot space

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behind our house. So this is our original refusal. So the zoning, the denial was because we want to

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build a second floor deck. So this will go to the property line and then also it will be within the

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rear yard setback. So those are the two kind of reasons for the refusal. And something that came

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up on our first meeting, this is not an issue of lot coverage. So in the ARC meeting, they mentioned

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this. So just a clarification, this is just for the rear setback. The deck doesn't actually

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contribute to the lot coverage. So it's not an issue there. This is just for the building into

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the rear setback at the second floor. So high level of reason why we would like to build this

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deck is our house has the main living area on our second story. So we have our kitchen and our

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living room on the second floor of our home. So this would really give us some outdoor space that

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is usable. The existing outdoor space, we're working with a very small six foot space to begin

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with. So this would make the most of the space that we have and just be kind of a better outdoor

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area for us to utilize. Just going to click through some documents here. So this is our

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I'm just going to click through some documents here.

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This is our application for appeal with the same information that I kind of just went through here.

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application for appeal.

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Our project information.

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This is the deed.

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This is just the tax information email, so I think we cleared that up, so we'll skip over that.

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Okay, so this is where we're starting.

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This is a high-level view of what we're looking for.

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um so you can see some uh clouding here so this was some feedback that we got from our first

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couple calls that our uh call specifically they were requesting that we add um a gate in the back

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so what we're going to do here is there is a existing first floor deck that we are going to

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demo um and instead replace it with stairs out from the back door to grade and then we're going

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to put a six foot fence around um the property line so this kind of aligns with a lot of our

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neighbors have as well um and then like i said there's just some clouding here for some changes

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that were made based on feedback this was just a clarification of um exactly where the door and

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this new staircase we're going to be in the bottom right here

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okay and this is the proviso plan so again this just kind of highlights the changes that we made

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based on the feedback we got from the previous meeting um this is our posting to our neighbors

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for this all right and then just to kind of orient everybody as to what we're looking at so we are on

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webster street so in this top left photo you can see this is our street here um it's a pretty small

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one-way road um and it backs up to christian street so christian street is this road here

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from this view in the top right you can kind of see um our webster street block is very close to

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the property line you can kind of see all of our properties are pretty far back versus um on

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christian street which is what we back up to they tend to be a little shorter and they have some

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bigger um open space back here so this kind of plays to our advantage because in building this

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deck we're not approaching on anybody's home really close by there's no other balconies that

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are right up close to where we're going to be building or anything like that. And there's also

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a three-foot alleyway in addition to our six-foot setback. So that kind of like in an informal way,

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even though this is not our property, that extra three feet of space kind of gives us the

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extra setback that we need so we won't be building directly up to somebody's property line.

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All right. And again, here's just some photos to give you an idea. This is where our house is,

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and this is the existing alleyway so this right here is our existing first floor deck that we

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will be demoing and replacing with um just stairs down to grade and a six foot fence

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so all the properties down the line right here and the ones across on christian street

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have that same six foot fence so this will align with what it looks like back there already will

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will kind of be in the same sort of design. And here's again, just some orienting. So this is a

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little, this bottom right photo is on our block on Webster a little further down. So you can see

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there's a row of probably three or four homes that have basically the exact deck that we are

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proposing here, right up to the property line. And then this is what we kind of look back on.

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This isn't the property directly behind us. It's one to the east from our property on Christian Street.

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But you can see that would be the closest that we get to anything existing as far as somebody's house or anybody's deck.

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And that is pretty far back from where we would be. So this is looking out from our second floor.

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This is the note from the neighborhood meeting. So we received eight votes of support.

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um two of those were our near neighbors so um we did review the plans with all the neighbors that

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are kind of near us um that would be the most impacted the neighbors directly to our west um

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they were on the call and voted in support um the neighbors to our east were not able to attend the

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meeting they would probably be the most impacted but since they could not attend i have a letter

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included in this packet that i'll i'll show you later um they're fully in support we showed them

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the plans. And then two neighbors down from us on the east side, they attended the call and voted in

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favor as well. All right, so getting into the details a little bit more, this would be a six

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foot deep deck 14 feet wide at the rear yard at the second floor of our home. So we'll zoom in a

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little bit here. This I think gives you the best picture. The proposed fence is removed here just

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so you can see what's going on, but you can imagine there'll also be a six-foot fence here.

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So this is what we are proposing in terms of the second floor deck off the kitchen of our home,

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and then this down here would replace the existing deck just to stare down to green.

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So another important thing I think to emphasize is that this deck is going to meet, other than the variance we're asking for, it's going to meet all their requirements.

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So another important thing I think to emphasize is that

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So the post will be more than 18 feet from property lines. We won't have stairs from the second floor to grade. We'll have all the appropriate railings and framing.

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We'll also be making this out of composite wood and vinyl or aluminum railings. So it'll be long lasting. It'll look really nice. It'll be low maintenance. So it won't be like an eyesore back there in any way.

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So another thing that you can see a little better here, I think if we look at it from this view, so this is our neighbor's property line at the bottom here.

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So this is what I was referring to earlier. There is an existing three-foot alleyway here.

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So while this isn't our property, this does kind of give us a little bit of breathing room.

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So that three foot required setback that we're asking for the variance from, we do still have

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something there that gives a little space between our neighbors. So that helps that we're not

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building directly up to somebody else's property. I also want to point out just some of the

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surrounding alley. Here's some more details on the deck as well just to give you some different views.

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okay so some of these photos uh will give you an idea of what our alley currently looks like

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so many of the rear yards on Webster Street have this deck as I referenced so they have them on

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the second floor the third floor so this is actually Christian Street um this property here

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is Webster this one is Webster on our block um this is actually a deck right here on the second

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floor at the end of our block. So you can see this isn't abnormal. We're not going to be adding

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something that looks very different from what our neighbors already have. This isn't necessarily

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challenging. Like if these people are compliant with the system at all, it's just the zoning

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regulation is kind of lost back here. I remember there was a comment in our neighborhood review

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that it kind of looks like the wild west back here. So we're trying to do this like the right

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way and make sure that we're going to make it look appropriate and get done permanently correctly. So

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Here's some more photos. This is all our block on Webster Street, so you can see a lot of these existing deck structures.

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Okay, and as I referenced, this is our letter from our neighbors who are directly to our east.

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So I think because of the way their yard is, they would probably be the most impacted.

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They'll have kind of the closest visual of the deck, and they reviewed it and had no issues.

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They weren't able to vote in the previous meeting, so they just gave us this letter in support.

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Great, and I'll go back to this just to wrap it up. So I think that that is all I have. So thank you for allowing us to present. We hope you'll be in support of this project. I think this would give us a really good outdoor space to make the most of the rear yard that we kind of inherited here with this house.

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our first floor deck as it is now is through a bedroom it's not very usable and I think that

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this will be the best use of the space and we'll make this a lot more accommodating a lot more

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livable and we'll just kind of provide a good benefit to us as homeowners and make the best

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use of the property that we have here so thank you for listening questions from the board no Mr.

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chairman no mr chairman no mr chairman questions or comments from the virtual audience

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i see no answer mr chair planning commission thank you chair bergman ian hegarty for the

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philadelphia city planning commission board members the comprehensive plan recommends no

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change to the rsa 5 a single family zoning at this location the dimensional requirements

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of the code related to elevated decks do not impose a financial burden on the applicant.

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So we believe that the applicant has not presented a valid hardship claim here. Furthermore, while

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the rear yards of the adjoining buildings are not currently built with high lot coverage,

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this variance would substantially and permanently injure the appropriate use of adjacent conforming

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rear yards by creating a canyon effect for adjacent properties. We recommend that the

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board deny the variance. Thank you. MI 2021-005-159-2148 Webster Street. I vote yes.

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Revised plans, one page, stamped April 27, 2022. Thomas Holliman, my vote is yes,

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James Snell yes with proviso Ishmael Shaheed yes with proviso

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thank you thank you

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MI MI 2021 005 188 2842 rue street

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Letter of non-opposition from Councilwoman Sanchez,

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letter of non-opposition from councilwoman Sanchez

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letter of support from Impact Services Corporation,

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Javier Mercado.

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Mr. Mercado has been promoted to panelist, sir.

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Good morning, Mr. Mercado.

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Could you unmute yourself?

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

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Mr. Mercado?

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Mr. Mercado, if you're still in the audience, please unmute and wait to be sworn in.

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Mr. Mercado.

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Excuse me.

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you may be having trouble uh maybe having trouble with his um audio so i've also got

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miss uh with her um hand raised okay can you hear me now i can hear you yep okay i'm sorry

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about that um no no no no no state your name and spell it for the court reporter

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Mercado

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J-A-V-I-E-R

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M-E-R-C-A-D-O

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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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Mr. Mercado

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Mr. Mercado

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I can't

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do you swear for him to tell the truth the whole truth nothing but the truth yes yes i do okay um

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mr hallman has a few questions for you good morning sir did you email all of the exhibits

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as required such as proof of ownership tax clearance copy of refusal referral pictures

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or drawings of the property five days in advance of this hearing did you meet with the rco and do

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you have an RCO letter?

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Mr. Mercado, I'm mute.

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I'm sorry.

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This is Tanya.

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Tanya.

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Are you, is he speaking to you, Bodice?

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He's trying to speak, but I think he can.

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I have the package to share.

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He's ready to give his testimony,

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but I think he's having a problem in speaking.

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Are you guys in the same place?

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Uh, no, we are not. He's on his location and I'm in my office.

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Okay. You can mute and then we'll, um, promote you to panelists for you not to speak, but for you to share the screen. Okay.

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Thank you. And maybe if you can't hear him, maybe you could give us an alternative to come back and maybe he could make it to my office so he could be here in a couple minutes.

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Okay. Chair, this is Tanya. Um, evidently he's having technical problems.

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No, I heard him.

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Let's move on.

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We'll see if we can get back to him, okay?

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Great.

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Continue.

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We're going to go to Mr. Mercado.

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We're going to get back to you later.

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Okay, thank you.

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Number 10, MI 2021-003-025-3344-Tilton Street.

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Mr. Urban.

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okay mr urban more to two panelists sir thank you mr urban could you state your name and spell

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for the court reporter

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mr urban

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there he is one second chair he's just coming i see him i see him on the bottom

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zoom is a little slow today so it's taking a minute

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hi mr urban could you want to use yes hi do you hear me now i can could you stay your name is

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bell for the court before we proceed sir do you have on two devices yes i have two devices

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Yes, I have two devices.

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you have to mute one because we can hear

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You have to mute one because we can hear feedback, okay?

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Thank you.

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Thank you, Mr. Crowley.

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So could you state your name and spell it for the court reporter?

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Yes, my name is Greg Urban.

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Could you spell it, please?

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yes uh first name g-r-z-e-g-o-r-z last name urban u-r-b-a-n all right do you swear or affirm to

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tell the truth the whole truth and nothing but the truth yes mr halliman has a few questions for you

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good morning sir did you email all other exhibits as required such as proof of ownership tax clearance

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copy of refusal or referral pictures or drawings of the property five days in advance of this

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hearing did you meet with the rco and do you have rco letter yes i i believe i sent everything

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besides um the tax clearance because i have a hard time to reach anyone from the city i i send them

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i send them like two emails i can provide the emails they never send it they never get back to

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me i try to call them it's like uh it looks like nobody works there i don't know okay please please

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proceed and share your screen uh this is hillary emerson i just wanted to note um for the record

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that i've i verified on the city website that there is no outstanding property tax balance for

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this case so proceed okay thank you i'm sorry mr urban i've asked you three times please turn on

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your video thank you okay hello yeah all right um let's start with um all right you got to turn

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the video on it we don't see it yet so go to the bottom of your screen and look for the green button

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okay

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