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Hearing video

ZBA Hearing - September 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 15, 20204h 33m

if she can raise her hand and be acknowledged.

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Please raise your hand.

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Tom, I heard you. We'll get to you in a minute, Tom.

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Thank you.

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You're available. You just have to unmute yourself.

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Yes, I'm here.

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Ms. Bates?

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Yes.

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Are you there, Ms. Bates?

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I am.

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Can you hear me?

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Thank you. Did you hear my presentation to the board?

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Yes, I did.

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Okay. And was it true and accurate to the best of your knowledge?

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Yes.

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Okay. And would you accept it as your own testimony if need be?

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Yes.

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Thank you.

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I also have a couple other witnesses, but I'm not sure how you'd like to proceed.

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Let's hear from the board first.

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Tom?

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Yes.

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How many bedrooms shown on the plan?

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Say it again.

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How many bedrooms shown on the plan?

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How many bedrooms are shown on the plan?

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Let's go back to the plan.

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I believe there's one per person.

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It's seven.

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Seven bedrooms.

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Let's go back to the plant.

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There's the first floor again, living room, kitchen, and a bedroom on the first floor.

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That's access through the first floor.

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And then we've got the lower level, which has a separate entrance with two bedrooms here and a laundry room.

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And then we've got one, two, three bedrooms on the second floor.

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I'm sorry, one, two, three, and four bedrooms on the second floor.

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And all me coat, of course.

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And each will have closets.

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Thank you.

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any other questions from the board and mind you this no this house is already occupied it's been

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occupied for 40 years we've got people in there for 20 years i made your point you made thank you

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We've got people in there for 20 years.

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I know you made your point.

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Thank you.

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Several times.

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Thank you.

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Thank you, sir.

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Anyone else wish to testify in this matter?

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If so, please raise your hand.

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I would like, in fact, to call a couple witnesses if you don't.

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Here we have Kenneth Hodges.

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i was asking for miss cole coleman uh and somebody else mr top yep

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okay so i'm not sure how do you want to proceed

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do you want to call the one that has the hand up or yeah let's do that

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okay mr hodges

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Mr. Hodges

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So you got in

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Okay, I'm sorry

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Let's go to whoever else has their hand up

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That's it, we just have Mr. Hodges

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I ask for Ms. Coleman to raise his hand and Mr. Taub to raise his hand

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i just want this is wanita bates mr hodges is with miss coleman

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they're they're together bates yes please spell your name first and last name give us your address

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sure j-u-a-n-i-t-a last name bates b as in boy a-t-e-s my address is 122 waterfall lane

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Landenburg, PA.

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Okay.

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You swear to the firm to tell the truth, the whole truth

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and nothing but the truth.

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I do.

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She was sworn in already, I believe.

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Yes, she was. Okay, that was earlier.

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I apologize. That's fine. I was looking

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for a witness, Ms. Coleman.

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Yeah, no one has the hand up

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of Mr. Hodges.

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Mr. Hodges is with Smith Coleman.

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They're together.

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So what they could do is unmute themselves and then they can speak.

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So, Mr. Hodges, you can open up your mic.

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No, you want to open up your mic.

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So here we go.

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Okay.

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Can you hear us now?

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Yes, sir.

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Please identify yourself with a record name and address.

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Lillian Coleman, 1351 South 57th Street, Philadelphia, Pennsylvania, 19143.

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Swear to the firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you. Please proceed.

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Ms. Coleman, how long have you lived in the property in question?

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12 years, going on 13, come October.

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And has the owner kept the property in a way that is safe, secure, and in a condition that is positive for the community and for yourself?

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Yes.

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Okay. And what's your relationship with the other folks in the house? Tell us about that.

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Well, where we consider it as a family, even though we're not DNA family, but we all get along and we try to work together to the best of our ability.

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And you understand that this property has been operating as a single room residence for the last 40 years. Is that right?

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Yes.

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Okay.

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No 911 or 311 calls that you know of, right?

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No.

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And do you have anywhere else to go if this board today decided to deny this refusal of this pre-existing, pre-existing non-consistent use?

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No.

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You would have nowhere to go?

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No.

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Okay. Thank you.

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Mr. Hodges?

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Yes.

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hello

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would you like to add anything to the testimony and the present

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Mr. Hodges would you please give us your name and address

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Kenneth Hodges

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address 1351

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South 57th street

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we're in the firm to tell the truth the whole truth and nothing

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but the truth yes

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thank you

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have you occupied the

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property in question for

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how many years sir

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same amount of years my mom been here. Okay. And has it been a safe, secure,

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and affordable housing option for you for those years?

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and affordable housing option for you for those years?

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Yes.

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And has the owner of the property maintained the property in a way that is safe, secure,

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and a positive influence on the community?

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Yes, he is.

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Okay.

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And would you have anywhere to go if this board today denied our city?

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No.

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Okay.

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I have somebody else that's in the room, too, as a tenant here.

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I think we can hold off on that.

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I just want to, Ms. Bates?

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Yes.

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Question.

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Do you have a property manager?

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Who maintains the property when you're not there?

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You live outside the city limits, right?

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Mr. Chairman, they have been maintaining it with her father for quite some time.

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however they understand the code and the code requires them because she lives outside the city

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she'll have to hire a property management company and she will but she will also continue

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to do what they do privately because they they're on top of it almost daily

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yeah my husband goes to the property um these three times three to four times a week

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the old saying miss spates the picture speaks a thousand words you got some conditions in that

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place that you're going to need to address paint peeling all over i don't know if that's lead paint

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or not you got a lot of issues there you're going to have to maintain so any questions any more

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questions from the board i just want to add mr chairman that the exterior photos show a very

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clean and neat and concise yeah but people don't live outside understood and that's why she wants

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to upgrade this place after her dad's i just want to go on the record i have a there's a concern on

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my part i respectfully understand the board members looking at the condition of those photographs of

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paint peeling wires all over the place it's an accident waiting to happen that needs to be

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addressed and we'll do it we'll certainly do it in in order to get our certificate planning commission

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this property is indicated for residential use on the city plan given the site's history

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no objection to the granting of the variance provided overall number of units be reduced

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thank you calendar number 39661 1351 south 57th street my vote is yes with the following

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provisors maximum seven units uh co-compliant within nine months thank you sir within five

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months thank you sir thank you wow my vote is yes with those provisors my vote is no

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my vote is yes with provisos thank you all my vote is no

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all right is any other uh tanya sharon any uh unfinished business on the two o'clock list

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no nothing yes we'll reconvene at four o'clock i'm sorry yes we do we'll reconvene at four o'clock

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for the for the 3 30 session all right uh chair yes we still have something oh i'm sorry we do

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yes so the case that we discussed at the beginning regarding ashdale street oh yes yes yes

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the applicant of record is no longer on the call i believe let me just make sure um but

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Baditsa Kodilio is the applicant of record and in the chat or the question and answer

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she said she understood if the board would dismiss the case just wanted to put that on

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record for you she was the applicant okay which we did do we we did okay all right everyone back

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at four o'clock yes thank you thank you and we'll give tanya three or four minutes

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so chair i did have one more for the two o'clock record okay uh 2033 wishart street

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um the individuals who appear before us that sharon had to speak to they were scheduled for

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today at 2 p.m but they will be continued 2033 with heart in case anybody else is here for that

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case thank you and even if it had been on the list it would have been required to we would

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been required to we would have been required to continue it because they didn't submit exhibits

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have been required to continue it because they didn't submit exhibits until last

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until last night okay thank you

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and maybe i can tell you now that we had um a case come a letter come in just in the last few hours

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on waterloo street which is on your 330 list um it's from the rco they're requesting a couple

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provisos so when you get to that i can if you want read the provisos into the record

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that'll be helpful thank you you're welcome

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Thank you.

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okay we're ready when you are chair thank you good afternoon everyone my name is frank de chico

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i'm the chair of the zoning board of adjustment i'll be participating in today's hearing along

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with vice chair miss carol tenere board secretary confessor plaza and board members mr thomas

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holloman and james mr james snell board administrator tanya sunkett and board attorney

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Sharon Saleta are also in attendance. For those of you who haven't yet participated in one of our

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virtual hearings, I'll go through some of the basics of what you can expect. First, we'll begin

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this morning or this afternoon session by reading a list of cases to be continued.

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If you believe any case announced is being continued in error, we will give you an opportunity

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to respond. After reading the continuance list and receiving any feedback, we will take

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any additional continuance request or and or withdrawal request. Then once we've confirmed

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which hearings are being continued, Vice Chair Tenere will begin calling the remaining cases

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listed for this session. When a case is called, we ask that attorneys representing applicants or

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other interested parties in the matter identify themselves for the record. We will then hear the

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appellant's presentation, followed by any presentation by attorneys representing other

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parties. Interested parties and members of the public not represented by counsel will then be

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given an opportunity to testify. We will finally hear from the recommendation from the Planning

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Commission. At the hearing's conclusion, we will either vote the matter immediately or hold it for

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discussion in executive session. Any case held for discussion will be voted at the next scheduled

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Wednesday morning session. Please note the following changes related to the virtual format.

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First, we will be administering oaths to individuals prior to their testimony.

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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