civus
Hearing video

ZBA Hearing - November 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 29, 20235h 16m

I'm just going to allow the people, the attendees to enter.

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chair we have 31 attendees you can proceed as you wish thank you good morning everyone

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my name is bill bergman and i will be sharing this morning's eba hearings with me as our vice

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chair ismail shaheed president mr chairman and our board member james snell president mr chairman

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Also, present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's a virtual format.

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Be advised, the proceedings are being recorded.

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Video will be available by contacting Tanya Sunkett.

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Hello?

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We can still hear you, Chair.

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Can you hear me?

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We can hear you, Bill.

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Yeah, I'm good.

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I'm good.

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Good. I keep losing my screen.

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We can see and hear you.

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Okay, good. All right. Be advised to proceedings are being recorded.

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Your video will be available by contacting Tanya Sunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testify.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And lastly, the question and answer box on the screen is not for testifying or comments.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at our schedule for today.

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Number four, MI 2023-002-572-2029-39 North 2nd Street. That case is continued.

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Number seven, MI 2023, 002-575-6531 North 7th Street, that case is continued.

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Number nine, MI 2023, 1250 Wagner Avenue, that case is continued.

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Number 10, MI 2023-002-569-2036-48 North 2nd Street, that case is continued.

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Number 12, MI 2023-002-587-525 West Roosevelt Boulevard, that case is continued.

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number 14

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mi

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2022 001 391 5221 haverford avenue verna anastasio is the attorney

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um there's a request for continuance from council member got the a's office

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good morning chair this is doreen blakey and i will be your co-host today

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thank you and i will allow mr anastasio to speak okay

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morning mr chair good morning verne could you state your name for the record and spell for

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the court scenario yes sir it's verne anastasio v-e-r-n last name is a-n-a-s-t-a-s-i-o

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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I see the council person would request a continuance.

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Yeah, and I do appreciate that.

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Yeah, I know this is several listings in.

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I came in sort of midstream.

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We are just about there.

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We've met with the RCO.

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We just need to do proper posting, and I'll make sure that I request that from the zoning board.

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Okay, thank you.

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MI-2022-001-391-5221, Haverford Avenue.

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Case is continued.

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Mark must be tried.

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Thank you.

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Number 15, MI 2023-002-607-3336 North 17th Street at Case's Continued Attorney Moving Party.

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Number 15.

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MI-2022-001-391-5221, Haverford Avenue.

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And number 16, MI2023-001-120-530 South Street.

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Vern Anastasio is the attorney.

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Paul Bonney is also representing, I believe, the RCO.

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Could both please come on?

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uh mr chair i just wanted the address um is 520 south street just the okay thank you

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morning mr chair very you've already been sworn let's let's get the other council on

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good morning mr chairman good morning sir could you state your name please and spell for the court

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sonographer yes it's paul it's paul bonnie b-o-n-i right you should tell the truth the whole truth

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and nothing but the truth yes i do um uh mr anastasio is requesting a a uh a continuance

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to return to the rco this is the second listing burn one of you yes mr chair uh i appreciate paul

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being here i understand he represents society hill civic i've been working directly with

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south street head house district which is the coordinating rco and did in fact host a meeting

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for all of us including society hill one time my client then fell ill and we were unable to follow

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up it's it was the request of the coordinating rco that we have a second community meeting

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and we are willing to do that but of course we were not able to get that in before today's

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hearing. So, accordingly, I'm asking for a continuance so that we can

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return to the community. Paul?

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Yes. So, there are three RCOs

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that are interested in this matter. The first is the coordinating

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RCO, which is the South Street Headhouse District.

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I don't know if Allison or anyone else from the

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South Street Headhouse District is on Zoom

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right now but I would welcome Allison Hinman Harvey has her hand raised okay well why don't

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we let her go first if you don't mind because they're the coordinating RCO

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Allison is allowed to speak good morning could you state your name please and spell for the

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courts in Oxford. Yes, my name is Allison Hinman Harvey. That is A-L-L-I-S-O-N-H-I-N-D-M-A-N-H-A-R-V-Y.

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All right. Do you swear or firm to tell the truth, the whole truth, nothing but the truth?

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Yes. Could you proceed, please, with your testimony?

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so it is uh true we had a follow-up rco meeting i believe in august um with verne and the applicant

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however then we did not have any communication um about rescheduling another one except for that

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that Byrne did not have his party's schedule, basically.

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And now we have, because we did not hear anything,

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we have opposed, but if they wanna come back

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and they wanna hold another RCO with us,

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we can do that as well.

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But I would like to schedule that immediately.

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Yeah, I appreciate that, Mr. Chair.

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It was always our intention,

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once my client got back on his feet,

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to uh enter into you know an accord uh which was the intention of the you know first two meetings

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we just never got a chance to do it before today's hearing so we'll be happy to meet again

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mr money yes verne have you heard from your client in the past several weeks

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and i remind you that you're under oath of course first of all i'm insulted by the question

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and the indication that I wouldn't be anything less than truthful.

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Second of all, I don't usually take questions from opposing counsel.

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I take them from the chair.

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With that said, Mr. Chair, I ask you if we could have this request addressed.

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Thank you.

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Okay, thank you.

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So my understanding is that the client disappeared,

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but the Board can infer what it would like from the colloquy.

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This referral was from January 10th of this year.

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It's been continued multiple times.

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The last time was continued for the purpose of having a meeting which never was, you know,

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the purpose of having a meeting, which never was, you know, the applicant never surfaced.

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So we understand the Board has discretion, and we just would like to ask that the case

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be dismissed. I do point to the Board's attention that all three interested RCOs are on the

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record as being opposed to this project.

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Mr. Chair, the business is vacant. It doesn't, you know, continuing this matter so that the

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original intent, which was to enter into an agreement with the coordinating RCO and my client

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is still the goal. Continuing it does not adversely impact anyone. He has ceased operations

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until he can get his special exception and that's all it is it's just a special exception

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no so mi2023001120520 south street um this case is continued mark must be tried

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thank you sir thank you have a good day we're going to go to a few cases we have with no exhibits

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Number one

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MI2022

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000649

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2717

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Federal Street

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John McCrilley is the listed

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Owner

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CGI Construction

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Is the listed

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Applicant, there are no exhibits

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This is the fourth listing

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Mark must be

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Heard the last time

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yeah i see no hands okay thank you so mi 2022 000 649 2717 federal street

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fourth listing no exhibits i vote to dismiss

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jim snow snow i vote to dismiss ishmael shaheed my vote is to dismiss thank you

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number three mi 2022 003 306 15 13 widener place kajija apqua apda is the owner applicant

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it's pro se there are no exhibits this is the third listing case was marked must be heard

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again chair no hands raised so mi 2022 003 306 1513 weiner place third listing no exhibits

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i vote to dismiss james snell my vote is to dismiss

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ishmael shaheed my vote is to dismiss thank you

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okay thank you um i'm going to go to a few cases that have been withdrawn

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number two mi 2023 001082 2045 to 49 north 2nd street that case has been withdrawn

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number five mi 2022 003 289 303 brown street uh number b uh mr anastasio are you in the audience

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still yes i will allow mr anastasio to speak mr anastasio you've you've already been uh

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sworn um just for the record state your name and burn anastasio uh on behalf of uh the owner of 303

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brown street uh david braggler number b is this case being withdrawn yes sir okay thank you very

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much appreciate you again so mi 2022 003 289 303 brown street number b the case has been withdrawn

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And number 17

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MI 2021-001-959-2349

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North 20th Street

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Donald Benedetto is the attorney

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No exhibit, six listing

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Mr. Benedetto, are you in the audience?

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Mr. Chair, we did receive a written request for withdrawal on this case this morning.

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Thank you very much.

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So MI 2021-001-959-2349 North 20th Street, that case has been withdrawn.

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20th Street, that case has been withdrawn.

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Are there any other requests for continuances?

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Are there any other requests?

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No hands, Chair.

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We're going to go to number 13 first.

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Hold on a minute.

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Be right with you.

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number 13

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pick right with you

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number 13

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MI 2023

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002-596-3023

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3 welsh road salima sanders is the owner this is a pro se

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salima sanders i will promote her to panelist okay thank you

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she has been promoted good morning could you state your name please and spell for the court

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stenographer good morning unmute okay good morning could you state your name please and spell for the

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court stenographer yes my name is salima sanders s-a-l-e-e-m-a-h sanders s-a-n-d-e-r-s

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right do you swear or affirm to tell the truth to hold you nothing but the truth

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yes all right this application for the creation of accessory off street surface parking space

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on the same lot as an existing semi-detached structure parking accessory to an existing

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single-family household. Service parking spaces and detached garages and carports are prohibited

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in the required front side and rear yards. The proposed off-street accessory parking space

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is within the required rear yard. Our Vice Chair has just a few questions. Okay. Good morning, Ms.

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Sanders. Have you emailed in all the required documents and exhibits that is needed and are

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required to proceed with this case today? Yes, but there's just one document I received the email

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from someone from the ZBA last night requesting the tax form. However, I've been in continuous

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conversation with the, I guess, to tax a revenue for that document because the link that I followed

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through the email from the ZBA, it is taking me to the wrong department. I just actually got off

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the phone with them this morning and they stated that a lot of people are being forwarded there

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and they're not they're not in charge of releasing those tax clearances okay no problem um we can

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hear the case but we may not be able to vote on it until the last document is in okay

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and are you able to like uh are you would you be able to provide me to the right uh

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department you have to call our office oh i've been trying i've even tried to call this morning

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is not i left a few messages as well i haven't been able to get into it to anyone live

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all right uh tanya sir we will take care of it no problem mr shaheed thank you

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mr chair before we proceed um there was i had asked um miss sanders to provide proof that she

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had met with the rco i have not received that and that is required in order to hear the case

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Ms. Sanders, did you meet with the coordinating RCO?

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Is it for when I actually scheduled this actual hearing?

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Is that what you're referring to?

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No, there's a community organization that you're required to meet with prior to the hearing.

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When you got the email from the RCO notification email, it would have told you who your coordinating RCO was and how to contact them.

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okay well then unfortunately we are going to need to continue this

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this hearing so that you can have that meeting okay

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