civus
Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

Okay.

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All right.

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And I would just swear to that as an officer of the court that that's a truthful thing.

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Sure, sure, sure, sure.

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Okay.

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Questions or comments from the virtual audience?

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I see no further hands, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission. Chair, if it pleases you, would it be okay to ask a question of the applicant for the record?

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Sure.

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Counsel, could you please describe the means of egress for the basement unit using the floor plan that you had up before?

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Sure. So right now, and this is something we did speak to the RCO about. Let me just get to the floor plan.

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Here we go. So right now, the first means of egress is directly to the front door,

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which exits out to the driveway. And there is also a window here, which I can show you,

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which the intention is to dig that out to make that an egress access. And we are happy with

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proviso that a new CO must be issued to make sure that it is completely fire code compliant.

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As I said, this owner houses people displaced by fires and we want to absolutely make sure

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that any unit created is up to code or any unit that's now in their possession.

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It wasn't created by then, but it would be updated to make sure that it's up to code.

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Thank you.

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Members of the Board, the comprehensive plan recommends no change to the existing single

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family zoning at this location.

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We find that the applicant's hardship claim is not supported with evidence of unique physical

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circumstances other than self-created hardship resulting from buying the as-is property without

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an inspection we note that the proposed use is not restricted to the specific temporary housing use

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as has been described in the presentation and the city planning commission therefore recommends

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that the board deny the variance mi 2021 002290 2755 maxwell street i vote no

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carol tanari my vote is no thomas holloman my vote is no

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thank you council thank you

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mi 2021 004632 407 south 20th street rco center city residents

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Association, Letter of Non-Opposition, Vern Anastasio.

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Mr. Anastasio, I'm going to move to the panel, sir.

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

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Good morning, Mr. Chair.

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Verne Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Philadelphia, 19107.

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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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Could you identify your client and their relationship to the property?

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Yes, I represent the owner, Sharif Youssef.

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Thank you. Our vice chair has a few questions.

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Thank you. Our vice chair has a few questions.

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Hi, Mr. Anastasio.

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Hi, Mr. Anastasio. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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It appears that you've submitted all the required documents. Is that correct?

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It is.

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You may proceed and share your screen.

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Thank you.

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okay mr chairman members of the board this is 407 south 20th street we're here

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by the way it's cmx1 uh but rm1 adjacent so the only reason why we're here is about 70 square

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feet. It's what I would consider a de minimis dimensional variance. This is an existing two

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family dwelling. My client recently purchased the property. However, 720 is required for the two

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lot area for the two family dwelling. And what exists currently is 643. So that's really the

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only reason why we're here this is the property in question on the left as you

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can see there's residential right immediately next door on either side we

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have some photos of the units

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i've already forwarded plans and the letter from center city residents association i have a binder

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here of 51 exhibits 147 individual households were mailed uh the meeting was very well attended

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and as a result everyone voted to not oppose the request

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because of the nature of the dimensional variance being so de minimis because it

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exists as a two-family dwelling and because it's adjacent to other residential properties

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on the first floor I respectfully request that this appeal be granted and with that I'd like

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to call my client, Mr. Sharif Youssef, to raise his virtual hand.

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Mr. Sharif, that's been allowed to speak.

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Yes, hello.

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

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Sure, Sharif Youssef, first name S-H-A-R-I-F, last name is Y-O-U-S-S-E-F.

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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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Yes.

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Proceed.

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Thank you, Mr. Chair.

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Sharif, have you heard my presentation to the board this morning?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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Yes, I do.

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Thank you very much.

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I have nothing further.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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questions or comments from the virtual audience

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i'll see no further hands mr chair planning commission thank you chair bergman ian hegarty

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for the philadelphia city planning commission members of the board this proposed use variance

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is minimal and does not conflict with the purpose and spirit of the zoning code the city planning

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commission recommends that the board grant the variance mi 2021 00 4632 407 south 20 street i

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vote yes. Harold Tenere, my vote is yes. Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you. Thank you.

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Mr. Anastasio, please stay on. Okay. MI 2021, 004-630-4400-Aldeen Street.

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Do not see an RCO letter yet in our file. And Vern, it's you again. Just state your name.

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you've already been sworn? Sure. Vern Anastasio, A-N-A-S-T-A-S-I-O. Right. Could you identify

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your client and their relationship to the property? Yes. Jessica Yee, who is the property management

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and agent of the owner. Right. Our vice chair has a few questions for you. Hi, Mr. Anastasio.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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It appears that you do have the required documents submitted.

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Is that correct?

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That's correct.

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Last night, the RCO sent over a letter of non-opposition.

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Ms. Sunkit should have it.

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I forwarded it to Ms. Attorney Saleta as well this morning.

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um attorney saletta as well uh this morning so if thank you it's not in my packet thank you that

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seems to be a pattern with the rcos the night before you may miss sunkett can can confirm

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otherwise i am able to pull it up i'll just have to share it separately no worries no worries okay

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thank you um nevertheless we are talking let me zoom in here 4400 aldeen street uh this is for

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It's the legalization of a pre-existing two-family dwelling.

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My client purchased this property.

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First of all, let's go to the basement.

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It's just going to be unused for storage.

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Here's the first floor apartment and the second floor apartment.

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My client purchased this just last year.

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When he purchased it, it was already a pre-existing two-family dwelling with some sort of, I would call, flex space in the walkout basement.

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It looked like there was a kitchenette in there, but it didn't look like a full apartment.

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But it was suspicious enough that the RCO and my client and I worked on a list of provisos to ensure that there would be no living space in this basement area.

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We're merely trying to legalize the apartments for the top two.

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It's already outfitted out.

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My client purchased it just like this.

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These are photos from the listing.

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We did meet with the RCO.

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We even had an in-person walkthrough of the property from the RCO leadership.

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And the final meeting was March 8th.

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I have an exhibit packet of 21 pieces of evidence. 104 families were mailed. And Holmesburg Civic Association is the RCO. And as of last night, they sent over a letter of non-opposition because my client came to this existing condition.

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He believed that it was illegal to family at the time.

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As you can see here, we've got two electric meters, one for each floor, one for each of the top floors, and then the house meter.

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So my client reasonably relied on all of this evidence to the common eye to believe what he was purchasing was, in fact,

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a legitimate legalized two-family dwelling and by the way right next door is another duplex

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so in fact most of the houses on that side of the block are multi-family

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so with that if you don't need me to pull up the rco letter and the administrator has that handy

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i am going to call jessica lee to the panel jessica if you could raise your hand

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Jessica? Yes. Can you state your name, please, and spell it for the court reporter?

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Yeah, I'm Jessica. I'm here. Could you spell your first name and your last name, please?

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uh j-e-s-s-i-c-a last name l-i all right do you swear firm to tell the truth the whole truth and

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nothing but the truth i do proceed thank you mr chair jessica did you hear my presentation to the

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board today yes i did is it true and accurate to the best of your knowledge yes and do you adopt

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it as your own testimony yes thank you i have nothing else questions from the board no mr

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Mr. Chairman. No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience?

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I have a Mr. David DeLugos with his hand raised.

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With permission, I can allow him to speak.

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Sure.

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

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My name is David DeLugos, D-A-V-I-D-D-L-U-G-O-S-Z.

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do you swear or firm to tell the truth the whole truth and nothing but the truth

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yes proceed so um first of all i'm the zoning chair of the homesworth civic association i

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apologize for the belatedness of sending the the letter that is never our attention just

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stuff happens sometimes um but i just wanted to concur you know since it obviously wasn't part of

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it in uh part of the package i want to make sure i was here to convey what was in the letter

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being that we are not opposed to the duplex variance with provisos in that the main proviso

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being that we are not opposed to the duplex variants.

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that's relevant to us here, I suppose, is the removal of the kitchen appliances from the ground

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floor. And, you know, it was fitted out by the previous owner as a triplex. And that third meter

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was uh wired for just the ground floor so you know to make sure that it's you know is not

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intended to be a triplex and it's only for a duplex because we don't want to have to

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come and revisit this you know with the next owner or later down the down the road

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no living space on the on the ground floor yeah and and the removal of the kitchen appliances

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from well we separately agree to that that's not something the zoning board or lni can enforce okay

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got it uh planning commission thank you chair bergman ian hegarty for the philadelphia city

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planning commission comprehensive plan recommends no change to the existing single family zoning at

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this location however given the apparently long-standing physical configuration of the

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structure for two-family use, City Planning Commission recommends that the board grant

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the variance and we support the proviso for no living space in the basement.

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MI 2021-004630-4400 Aldean Street. I vote yes, proviso, no living space in first floor basement.

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Carol Tenere my vote is yes with proviso. Thomas Holland my vote is yes with proviso.

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James Snell yes with proviso. Dishno Shaheed yes with proviso. Thank you all.

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MI 2021 002284 4500 D Street

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letter of support

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from the new 42nd

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Democratic Ward.

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Ali, it's your turn.

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Can you promote him, please, Jason?

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Mr. Abdeliz?

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I'm trying to promote him right now, sir.

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Sure.

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Sound like for some reason some error code came up not too long ago.

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Yes, it's coming up for me as well, Jason.

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Let me try.

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Can one of the ladies on his own board staff try to promote him?

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I can try.

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Tanya, I'm sorry.

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Sorry. I was on a call with Martha. Can you please remind me the name of the person?

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Ali. And his hand is raised.

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Okay. I see.

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The other staff is getting an error code as well.

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I know. I was just talking to Martha about, yes, fail to change role to panelist.

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um during our break i can research this code i've never seen this error code come up

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um but i am getting did you get the um fail to change rule to panelist error code 3028

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yes that's the same thing i'm getting same with the staff yes do we have any more um before the

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this session is completed we have we still have a couple more we do

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allow me to move on and try to get him and tanya what's is it the system or is it just his system

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i don't know because he was on before as the audio so if ali could you go out and come back

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in let's try that and we'll put you on um a little later and see if we can resolve this issue so

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because we don't want you to not be able to present okay um tanya if it seems to be consistent

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i don't know if there's any way until lunch that someone on our staff could like do the

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part where we present and we can allow them to talk hopefully without at least allow them

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i guess they wouldn't be able to see that see them though yeah no they would have to okay

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present themselves number 12 um yeah so we'll try to do that offline ali can you go out and come

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back in mi 2021 002203 4931 to 59 spruce street rco garden core community association letter of

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