civus
Hearing video

ZBA Hearing - June 4, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jun 4, 20256h 8m

City Avenue.

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This is a resumptive hearing.

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uh mr knockamson just for the record you've been sworn today could you state your name

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alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n um and this is a resumptive

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hearing um could you give us an update of where we stand with this case yeah this is the beer

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distributor am i correct yeah that's right the beer store and and to my left in the in the audience

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is uh alex pugman one of his representatives i am glad to say that we have community support

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you should have received a letter i think we do yeah so again after much discussion and and we

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entered into a community benefits agreement they feel very comfortable i don't want to speak for

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them i think the letter speaks for itself um but is the political leadership there too because you

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had two council people against this right i i can't speak as to that i just know that we've

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been working directly with the Winfield Community Neighborhood Association Inc. I can't say whether

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or not they spoke to them, but we diligently worked with this community group. We entered

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into a RIN community benefit agreement that's binding on our client, and we feel good about it,

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and I think the community feels good about this. Just as a reminder, we're on City Avenue. We're on

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the commercial corridor. I think some of their concerns was about how responsible my client was

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as an operator serving beer and other related beverages. He sat down with them. He showed them

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his aptitude. He also put written commitments as well in terms of security and lighting and hours

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of operation. And based on that, we got this letter on June 2nd, 2025. I remember there's

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a state liquor store across the street am i correct there is so it's not out of character

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that's on the montgomery avenue side i understand so um again that was one of their concerns was

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like well why is it always on our side and it's not the case it's not out of character to have

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liquor um nearby and i think one of their issues too was in terms of just the beer distributor

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they're all created unequally right so this is not the one where you would see where there'd be

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glass where the cashier is. This is a higher-end beer store. My client's opening up a different

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operation in Chestnut Hill. He's been in business for well over 10 years in the suburbs, and he's

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shown through his history that he's been a responsible operator.

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Any questions from the board?

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i guess i'm trying to remember which one this is so is this the one that had the

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fancy beer display and that's right it was like a counter and yeah so it's more for like a craft

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beer store we're not like you know our focus is not to like the traditional beer stores that you

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as you would see like um you know how i equate it because i um board member gas and i know you

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live in fairmont too um i would equate it to like what you're seeing now on the corner was a 19th

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in fairmont there's like a stone stones stones so i would equate it to more like that you know how

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it used to be it used to be a real distributor now it's more of like a boutique type of thing

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several rental apartments too that's right above there so um that's how i would have since it

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opened i haven't either i drive by it every day all i can tell you is i see from the window when

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I'm traveling east on Fairmont and it I would equate it to that it's a little bit more finished

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a little more refined what about the hours did that come up at the community when you were talking

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with the community again or here let me again I haven't had those communications Mr. Pugman can

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you and and they took my my my prep materials with them my team so I don't have my brain materials

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that I'm flying blind here.

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You ever hear it before?

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A little bit.

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I was like, where's my written materials for this?

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They took you with me.

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Sir, could you please state your name

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and spell for the stenographer?

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Alex Pugman.

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Spell it, please.

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A-L-E-X, last name Pugman, P-U-G-M-A-N.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do.

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Please proceed, Alex.

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Mr. Pugman, hours of operation.

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What are they again?

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9 to 9 Monday through Saturday

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and

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10 to 7 on Sundays

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10 to 7

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on Sundays.

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Any other questions?

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Hillary?

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One other thing. There is a revised

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plans because...

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Hillary, I want to mention something.

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Hillary?

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Yeah, so

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and I believe

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Amy, if she, Amy, you're still there.

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There was

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a question or an issue about

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um like an amended refusal for this one or a corrected refusal for this one

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i've received an email from the planning commission right yes there's a revised

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plan or a corrected refusal submitted plan showed additional parking but worker descriptions said

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no change to existing accessory yeah that was the that was the parking issue but there was i think

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there was another issue that i i don't know exactly what it was but i understand there was

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a planning kind of concern about the current refusal yeah so um amy war by the planning

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commission there's been a new amended refusal but our plan examiner ben emailed you alan on monday

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to state that we need some additional plans and to work out some landscaping obligations so

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planning is going to hold our testimony for the form of letter in order to get that straightened

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out with you okay i don't remember receiving that email it was monday around 4 30. okay um

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i mean is this something that we can because this is he's purchasing the property so this is

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you know we've delayed closing based on our hope that we would have a vote today so um hillary

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feel free to jump in of course um but last time something like this occurred um we rescheduled

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for our

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for our testimony

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in a letter and rescheduled

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just a couple weeks out if Hillary

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wants to do that again or if Ian wants to do that again

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that

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was I was going to ask if we could do

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if we could do two weeks

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which would be

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the

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the 18th

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which I believe we only have 930 hearings

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that day so we have to schedule it for

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930 vote on that day

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okay um can someone send me the email i so is it is it extensive work that we have to do i

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i can't speak to that specifically is that is not my work product that's not my area but i can

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re-forward you the email to make sure that you have it at the top of your inbox all right thank

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you i appreciate it okay all right so the 18th at 9 30 a.m we'll vote all right thank you and

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Mr. Nockamson. Is that going to be another resumptive or we'll just vote? No, no, because

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planning is going to submit a letter with their testimony and we can read that into the record. So

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that can just be a vote. It'll be at 930. But I just want to note, too, depending on

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the corrections that are made, we may or may not need those revised plans, Mr. Nockamson. So

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I just want to let you, I'll get clarity on that once we have everything sorted out. So

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um but if we do need them i do have them so um is there a way that if we if

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if we don't need revised plans or can we do this close the record and as soon as we get it you guys

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can vote do i do we need to like wait to the 18th hillary well i think i think there needs to i mean

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i mean what we could do is schedule it for next week and then be prepared to reschedule the vote

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for the following week if if everything hasn't been worked out by then yeah we would appreciate

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that because it really is holding up a closing okay all right so we'll reschedule for next week

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then at 2 p.m the july 11th at 2 p.m and if it's not ready then we'll schedule for the following

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week all right um and mr chair i do i do see it hand raised from um a representative of the rco

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D. Dukes. Thank you.

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Hi, could you please state your name?

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The panelist should be coming back in shortly, Mr. Chairman.

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Sure, thank you.

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E. Dukes, are you still available?

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Please unmute and wait to be sworn in.

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Sure.

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Hi, could you please state your name and spell for a stenographer?

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i'm mute i am i apologize can you all hear me we can we hear you perfectly could you please

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I'm mute.

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state your name and spell for the stenographer sure it's d dukes d-e-e last name d-u-k-e-s

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you swear or affirm to tell the truth the whole truth nothing but the truth

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i do miss dukes could you turn your video on my video okay hold on video

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Oh, that's great. You got a nice logo there.

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Thank you.

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Hi. Good afternoon, everyone. Thank you for this opportunity.

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I just want to concur with Mr. Nockamson that after many months and weeks of discussions,

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they have satisfactorily satisfied all of our questions all of our concerns and so as the

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community leader for Winfield Community Neighborhood Association we are in support of this of this

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variance but the question I do have is I just want to make sure that I'm clear on why we're coming

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back and and so I'm not really clear on on the yeah I think yeah if you can explain that it has

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nothing to do. Hilary, you want to explain? Mr. Chair, I didn't get the details directly

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from planning, but I believe it has something to do with the refusal has landscaping refusals on

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it. So I think it has something to do with the landscaping because that's typically

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planning's purview in these cases that involve parking lots. Okay. So that would have nothing

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to do with our part and

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our community and all that.

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Nope. Okay.

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It would just try to make it look a little better.

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How does that sound? Okay.

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That sounds good.

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It's a code compliance issue in terms

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of I'm pretty sure it would be the landscaping.

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All right. Very

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good. Thank you so much. Thank you for taking

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the time to calls. Okay.

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Thank you.

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Thank you very much. All right. Bye-bye.

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Okay.

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Moving on to the 3.30 list, everyone.

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I'm sorry, Mr. Chair, I just I realized I jumped in there and you didn't ask if there was anyone else to speak on this case.

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I don't believe there is, but we should just ask the audience who wants to say something about the case.

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You're not seeing the hands, Mr. Chair.

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Is there anyone in the virtual audience whose 2 p.m. case has not been called?

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Once again, I do not see any hands. We're going on to three thirty.

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Mr. Chair, I just want to note for the last case that the record is closed, except for any, if there's a corrected refusal or revised plans related to discussions with the Planning Commission, as well as the letter from the Planning Commission and applicant response.

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Otherwise, the record is closed.

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Thank you very much.

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Good afternoon.

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My name is Bill Bergman.

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I will be chairing this meeting of the Philadelphia Zoning Board.

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With me is our board member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Board member Tanetta Graham.

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Present, Mr. Chairman.

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Board member Michael Johns.

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Present, Mr. Chairman.

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Board member Taya Nguyen.

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Present, Mr. Chairman.

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So here is Hillary Emerson, our lawyer,

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also our executive director, Ian Haggerty,

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and our board administrator, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in-person, if you're called to speak,

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You must state and spell your name and wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party.

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There are three ways.

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You can identify the case property address on your Zoom webinar.

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You can see a staff member.

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You can call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the address of the property of the appeal case.

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Filing guidance is for our remote attendees.

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First, when directed by the chair, you must raise your virtual hand in order to be recognized.

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Second, if you're called to testify, you'll be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases on the Q&A.

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Fourth, if you're participating by phone, press star nine to raise your hand and star six to unmute.

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I should mention there is no in-person attendees, so we'll skip that.

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