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Hearing video

ZBA Hearing - May 17, 2022

Philadelphia Zoning Board of Adjustment (ZBA)May 17, 20221h 32m

Thank you.

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Okay, Chair, looks like we're starting off with 25 attendees.

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You may start as you wish.

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Thank you.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's meeting.

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With me is Carol Tenere, our Vice Chair.

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Present.

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Ismail Shahid, our Board Secretary.

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Present, Mr. Chair.

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Thomas Holliman, our Board Member.

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Present, Mr. Chairman.

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And James Snell, our Board Member.

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Present, Mr. Chairman.

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Also here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.

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before we begin here's our virtual format be advised proceedings are being recorded

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by participating your knowledge your agreement to be recorded a video will be available by

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contacting tanya sunkett at philo.gov for the benefit of our court sonographer

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we ask attorneys and witnesses to identify themselves before testifying

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If you're participating by phone, if 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 fourth, please note the question and answer box is not for testimony or comments.

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any comments or director to tanya sunken before we start today um i had several calls and several

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board members raised this just horrible issue but what happened in buffalo over the weekend

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i mean the amount of people killed uh the hate uh the the violence auto semi-automatic weapons

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and you know troubles we see in our own city with gun victims we want to take a moment of silence

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before we start. So please just give us a moment. Thank you, everyone. And thank you,

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board members, for raising that important issue for everyone. Let's look at our continuances for

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today. Number four, MI 2021-003-524-321 to 47th North 16th Street. This is a continuance

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attorney moving party. Number six, MI 2021-004-548-4306-08 Parkside Avenue. That's a

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request for a continuance. Number nine, MI 2021-003-712-4628 Wayne Avenue. Request for a

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continuance and number 10 mr share with with that one um there is a new date uh that's been

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agreed upon that we do we need to now sure so the mi 2021 003 712 4628 wayne avenue that's the

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continuance and there's agreed upon new date of june 1st 2022 at 2 p.m and then number 10

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MI 2021-003421-46 East Johnson Street, Parcel G, Request for Continuance Attorney Moving Party.

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They are the continuances that we have listed today. Are there any comments from the virtual

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audience relative to those continuances? Chair, we have Richard DeMarco.

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Good morning, Mr. DeMarco.

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Mr. DeMarco, please unmute yourself.

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Can you hear me okay? Thank you. Mr. DeMarco, can you state your name and spell for the court

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Can you hear me okay?

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Thank you.

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Mr. DeMarco, can you state your name and spell for the court reporter?

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reporter? Good morning, Mr. Chairman. Richard DeMarco, last name D-E-M-A-R-C-O. I have a new

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request for a continuance. I raised my hand a little too quick. Hold on one minute. Do you swear

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for him to tell the truth, the whole truth, and nothing but the truth? I do. And your case is

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number 11? I have 4,900 Reno. I'm not sure of the exact number. That's it, number 11. MI 2021-004-544-4900

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Reno Street. That case is continued. Thank you. Have a good afternoon. Thank you for your time.

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Mr. DeMarco, that case must be tried. Understood. Thank you. Fine. Any other continuances?

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I see no hands, Chair. Oh, wait a minute. I'm sorry. Alan Nockamson has his hand up suddenly.

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Good morning, Mr. Chair. Good morning, Mr. Nockamson. Could you spell your name for the

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court reporter? Yes, Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N. Do you swear

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for him to tell the truth, the whole truth, and nothing but the truth? I do. Is your case number

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two? 2320 North Hancock? That's correct, Mr. Chair. Is that a continuous withdrawal? Withdrawal,

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Mr. Chair. We're requesting withdrawal of that zoning matter at 2320-24 North Hancock. Okay, so

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MI 2021-004-835-2320-24 North Hancock Street. That case is withdrawn. I also have two other

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withdrawals. MI20, number five, MI2021, 002824, 4000 West Cambria Street, that case is withdrawn.

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And number 14 on our list, MI2021, 003336, 627 East Thompson Street, that case is withdrawn.

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is there any comments or requests for continuances or more withdrawals

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i see no hands chair okay so we're going to go to our add-on list first

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our add-on mi 2022 001584 1600 east berg street my vote is mr chair mr chair this is hillary i

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have to note that i recuse myself from this matter um and drew aldinger is filling in his

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counsel thank you okay sure thank you mi 2022 001 584 1600 east berk street my vote is appeal is

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granted harold tenery appeal granted thomas halliman appeal granted james snell appeal

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granted ishmael shaheed appeal granted we're going to go to our regular list and start with number

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13 mi 2021 002 611 6101 harley avenue

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wang kong lee is the owner pro se and we also have an interpreter

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they're coming back in as the panelists thank you

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mr chair do you want me to read the proposed um application and the for use refusals or do

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you want to do that yeah no you can do it and as soon as we get them okay i'll get the

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we'll get the interpreter set up first thanks

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is the interpreter on

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hello hi good morning we're waiting for your interpreter sir

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good morning sorry can you hear me now i can't i can i could you could you state your name

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please and spell for the court reporter uh interpreter's name uh is hui h-u-i last name

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H-U-A-N-G

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Right

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Do you swear for him

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To tell the truth

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The whole truth

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Nothing but the truth

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Yes

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Okay

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We now want to swear

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Your

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The gentleman

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Who owns the business

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Could you

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Could you have him

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State his name

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And spell it for us please

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先生我是发音员

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Mr. I am a translator. Can you tell us your name?

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你能现在讲一下

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您的名字

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还有拼一下

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您的名字

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My name is...

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

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您是否宣誓您所讲的都是真实的 全部讲的都是真实的

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是的

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OK, our vice chair has a few questions and comments

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OK, have you emailed an exhibit packet with proof of ownership, proof of tax compliance

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Okay, slowly, okay.

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emailed a copy of the refusal or referral, photos and or plans of the property five days

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in advance of this hearing, and has he met with the RCO, and does he have a letter?

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那您是否已经email这个一份复印的拒绝信还有转整信有没有在这个五天之前

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在这个联讯就是这个宫庭会五天之前

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有

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有没有就是满足这个RCO 有没有那份信

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有

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Yes.

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Okay, this application is for the erection of a deck at the rear of the attached structure.

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那这个是关于后面相连的这个 deck这个地方,就是夹板这个地方这个问题。

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And it's also for use as a sit-down restaurant and two-family household living, size and location as shown in Application and Plans.

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That is, there is a sign-up on the request of the meal table and the two-family house houses.

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Yes.

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Okay, these are the refusals.

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One, whereas the proposed deck may not encroach into the required rear yard when enclosed by walls below the usable surface of the deck.

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two whereas stairs from the ground level to the deck are prohibited three whereas the proposed

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deck may not encroach into the required rear yard when constructed such that the floor level of the

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deck is above the floor level of the first story above grade and for this is the minimum

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interpreter has hard um has a hard time to catch everything we probably got to do one at a time

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Carol okay I really slowly that's okay I'll start with number one again actually the I'm sorry this

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is Tanya we could read it into the record for all but he has the refusal already so it doesn't

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really need to be interpreted okay so do you want Tanya should I start from number one and just go

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straight through to four nope you can continue where you were at he does have that refusal that's

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What do you receive?

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Okay, so I'll back up to number three.

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Whereas the proposed deck may not encroach

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into the required rear yard when constructed

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such that the floor level of the deck

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is above the floor level of the first story above grade

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and four, the minimum distance between the proposed deck

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and the edge of the common driveway.

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Requirement is three feet, proposed is zero.

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We also have a letter of conditional opposition

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from the coordinating RCO, the Ward 40 Republican RCO, and other affected RCOs.

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You may proceed.

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This is Tanya again.

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Interpreter, could you just please let the applicant know we only read into the record

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the refusal he received for this case, okay?

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Okay.

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Yes, I do have the record, and yeah, I do see it.

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oh yes i do have the record and yeah i do see it

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very good okay you may proceed

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interpreter could you let him know that he could proceed with his presentation

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Now can you speak?

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Hello, I have a new application in the meeting,

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Yachtin, he is my application.

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He is also in the meeting.

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Okay, fine.

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Okay, can I ask the main applicant, she's our architect, can I ask her to speak on behalf

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of me because she is more familiar with the design the designed i'm sorry chair this is tanya masby

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go ahead um we have discussed this at length via email the owner applicant is the one

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who must present the case,

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the reason for the interpreter today.

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The architect cannot present the case.

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Could you make that very clear, please?

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那我们之前有跟他这个

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这个email里面联系过了,

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那为什么早发音就是说

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因为您才是申请人,

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需要您本人亲自讲才可以。

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好的,好的。

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Could you ask him to download his computer, show his screen?

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This is Tanya again.

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Can you ask him if he has his presentation available to show,

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or does the architect need to show the slides on the screen?

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那请问你有没有就是说就是可以就是显示在屏幕上面那个文件

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Presentation 有没有

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或者您可以叫这个就是演示文稿

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你可不可以显示在屏幕上

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或者您可不可以叫这个画图这个叫它显示出来可以吗

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Okay. Yes. That's what I want. I want the architecture to reflect the presentation for me.

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OK. I'm sorry. The architect can present on the screen only. He will still have to present the case and speak. The architect cannot speak. Is that clear?

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Okay, I'm sorry, Chair.

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If we can get the name of the architect, because we've discussed this all previously,

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can we get the name of the architect and promote them to panelists?

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Thank you very kindly, Chair.

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She's been promoted to panelists.

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is the architect on

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yes you have to mute yourself ma'am

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good morning I'm your one

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my name's my first name is y-a-t-i-n-g-a team last name z-h-a-o-zow

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okay so you have the presentation the show yes all right so here here's where we are you can't

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okay so you have the presentation in the show

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yes

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testify just show the presentation he'll go along with it okay okay why don't we start

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do you have the presentation there

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could you share the screen

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so for the architect is it possible you could show us photos

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first so we know what we're talking about okay okay i see that yep

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so that's it back there that's the look yes so that that's a sit down restaurant in there

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here's the sit down restaurant inside okay

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i'm sorry i hate to um interrupt but may we have the questions answered by the

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so we ask he's going to have to answer the questions so that's a sit-down restaurant

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inside is that right yes for the owner for the owner sure uh需要这个业主自己回答

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So the issue with this, this is a location that's already been built, and now he's trying to legalize it. Is that right?

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