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Hearing video

ZBA Hearing - September 15, 2020

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

Frederico Almas.

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Frederico is F-R-E-D-E-R-I-C-O, last name Almas, A-L-M-A-S, and I'm the owner of 4513

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Baker Street.

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Tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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And Fred, have you heard all my testimony here today before the board?

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Yes, I did.

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And would you agree it's true and accurate, and would you adopt that testimony as if it

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were your own?

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Yes.

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thank you uh mr chairman members of the board if you have any questions we'd be happy to answer

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them my you may have you may have mentioned this i apologize if you did uh my notes say that we're

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still waiting for a letter from the manny up neighbor council no we do we do have in your

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okay i may have missed that one yeah it's a tab okay no worries no worries all right uh questions

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from the board no no no planning commission so this property is indicated for residential use

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on the city plan given the pre-existing site conditions you have no objection to the granting

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berries. Thank you. MI-2020-0009474513 Baker Street. My vote is yes. My vote is yes. My vote

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is yes. My vote is yes. My vote is yes. Thank you. I told you I should have saved the baby for

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another case absolutely next time thank you thank you calendar number three nine six one nine

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seven two three oak lane the attorney is stephanie james

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stephanie james are you here you have to raise your hand

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i don't see stephanie james

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well we'll do um just in case it's a technical issue we'll go to the case

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uh for north 8th street the one we said we'd hold to the end and then come back to uh oak lane if

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that if the person's having a technical issue.

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I will try emailing the property owner now.

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I will try emailing the property owner now. I know she and I had a few emails back and forth, so I'm surprised that her attorney isn't here. I'll check.

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I know she and I had a few

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We'll go to calendar number 39421, 4800 North 8th Street. Tanya, did you want to say something?

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I have a name here. I don't know if it's for this case or not. I'll allow her to speak. Martha Lewis, are you here for the case mentioned?

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Yes, I'm here.

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Can you hear us?

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Can you hear me?

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Yeah, Ms. Lewis, you're here for which case?

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8th Street?

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No, 723 Oak Lane.

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We just couldn't get our picture up.

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We didn't know how.

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My attorney is here.

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Okay, I'm here as well.

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This is Stephanie James.

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Okay, wait one minute.

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One minute, please.

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Okay.

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Okay, can you tell us if you can hear us now?

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We can hear you.

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Yes.

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Okay, great.

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That's why you could not hear us before.

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We had technical difficulties.

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We don't have a child here to help us.

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No.

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Okay.

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So the idea is that the name was not Stephanie James.

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So I'm going to now promote you to a panelist, okay, where you'll have the authority to share

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your screen.

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Okay, thank you.

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So is there an attorney with this case?

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And is it Stephanie James?

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Okay, now you have been promoted to panelist.

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Now you can share your screen. Unmute yourself to answer the question of the vice chair.

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Is there an attorney with this case, and is it Stephanie James?

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Martha?

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Yes.

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Can unmute yourself.

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I just did it. Did it work?

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I hear you now.

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We can hear you. Is Stephanie James there?

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Yes, I'm here.

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Can you hear me as well?

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Yes, I can.

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Can you put your name and address on the record, please?

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Yes.

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Martha, I'm going to ask for you to stop clicking the computer because we're limited here.

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My name is Stephanie James, S-T-E-P-H-A-N-I-E, J-A-M-E-S, 725 Kenmore Road, Philadelphia, Pennsylvania.

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I am here today, as I was in the past, representing Martha Lewis on the property located at 723

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Oak Lane Avenue in Philadelphia. Thank you. Do you swear or affirm to tell the truth and nothing

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but the truth? Yes, I do. And do you also agree to waive the reading of the refusal and stipulate

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to its accuracy? Yes, I do. Okay, you may proceed. Good morning to the chairman and the members of

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the board, we thank you for this time. It's in this strange world that we're now living in and

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I guess we all have to get used to this. I'm not doing very well. However, you have received our

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exhibits and again I'm here on calendar number MI2020-00969 on behalf of Martha Lewis for the

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property known as Martha's Kitchen. We are here today and we miss Lewis was granted a three-year

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proviso. We're just asking for that to be made permanent. We've had lengthy testimony

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and prior hearings under your original calendar number. We have submitted to you a number of

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exhibits, which does also include the meeting summary from the RCO that was held. We have

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letters of support from OLCAA and the board president, Kimberly Robinson. We have petitions

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and signatures and support from members of the community, state representatives, and the RCO.

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We also submitted to you prior to that proof of the mailing, proof of photographs of the postage

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of the orange signage, so the zoning permits for the original date and for this date as well.

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And we're basically here in terms of time and saving time and effort, and we do thank you

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for scheduling this as soon as possible, basically to grant Mrs. Lewis the right to

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use her building as she purchased it. There has been no changes to the outside or interior of

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this structure. She purchases as such as being a mixed use. Not only to her, it was never properly

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zoned, although it has been always utilized in the same manner that she is using it today.

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So again, I would like to ask Mrs. Lewis

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if she has any comments that she would like to make.

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We have a number of witnesses again.

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As you know, I usually represent people from churches.

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So this is a church member.

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This is a very sensitive issue.

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This place is used for off-church activities,

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baby showers, small repasses, birthday parties, weddings.

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Birthday parties, weddings. So it's and it's using a Christian base. And as I said, prior to this, unfortunately, when she purchased this in November 2015, and never made any changes to the outside or interior of this building, to the speaker system to nothing here. She did not know that it was not properly zoned as such.

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so it's not and it's using a

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so Mrs. Lewis I'm going to ask you do you have anything that you would like to say

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at this time no I'm going to ask you that you've heard my presentation today knowing that I'm

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going to request that all of our exhibits be made part of the record and accepted by the board

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do you adopt my testimony as your own yes okay are you sure that there's nothing else that you

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would like to say no yeah okay so if the board has any questions we'll take them we have a number

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of witnesses that I do want to thank, members of the community, members of our church group,

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members of the RCO, that I do want to thank you for standing by since about nine o'clock this

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morning. We do appreciate it. We ask that all of you remain well and COVID-free.

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And that's about all we have to say for us. Thank you. Questions from the board?

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no no i i understand uh that there are a number of witnesses based on the testimony we just heard

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uh with all due respect we do appreciate the time may be taken to be on this call

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uh but i would ask if there's anyone who objects to this uh application uh to please identify

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yourself. Only those who may be objecting to this.

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No objections at this time, Chair.

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Thank you. And it's okay. Yep. I'm sorry. What?

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We do have Hillary Emerson from the council person's office.

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Thank you. Ms. Emerson.

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You can unmute yourself and wait to be sworn in.

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Good morning, Mr. Chair, members of the board. Can you hear me?

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yes yes okay excellent um hillary emerson h-i-l-a-r-y-e-m-e-r-s-o-n

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what office are you from sorry the office of councilwoman cheryl parker

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you're a firm to tell the truth the whole truth and nothing but the truth

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i do please proceed hillary um yes um the councilwoman is um not opposed to

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the granting of a permanent special exception in this case. As Miss James

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noted in her testimony, this has been a banquet facility, a small one, for some

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time on a small commercial strip in East Oak Lane when Miss Lewis purchased it.

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Unfortunately, the prior owners had not legalized the use, so Miss Lewis

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legalized it and the community initially asked for a temporary special exception

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which she agreed to and the board granted. Now she's asking for a permanent which

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we support. Our office has not received any complaints over the past three years to our

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knowledge about this property and the community is in support. We also want to note that Ms.

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lewis is a valued member um of the community both in east oak lane and in long crest in our

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our district and so we're happy to um see her and make this permanent um with her business

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thank you thank you okay again if there's anyone who objects to this to please raise your hand

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i see no objectors thank you and again miss james thank you for your testimony

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unless you find it necessary to have anyone

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come on? No, I do not

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at this time, pending the board's approval.

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Thank you. Planning Commission?

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Yes, this property

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is indicated for neighborhood commercial

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mixed use city plan.

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We have no objection to granting

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the special exception.

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Thank you. Calendar number 39619

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723

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Oak Lane. My vote is yes.

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My vote is yes.

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My vote is yes.

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thank you Tanya we ready we can do the 4800 North 8th Street now yes that's

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fine thank you so very much thank you thank you hopefully all of you remain

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calendar numbers calendar number 394 to 140 800 North 8th Street is there an

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attorney with that case? No, it's not. It's the applicant. Give me one second. This is the case that you

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applicant give me one second this is the case that you originally called as continued

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um there was actually already a hearing on it the rco refuses to meet and the applicant is back

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today requesting a vote okay marusha's i'm muted he's available so uh do we need sharon do we need

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to hear testimony again on this no you don't you only held it for uh feedback on his efforts to

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reach the rco i don't know if you have a recommendation from the planning commission

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that might be the only thing you would need let's see yeah tanya i'm sorry but i if i could just

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state that charles richardson from the council person's office i believe is here on this with

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his hand up. Okay, let's hear from Mr. Richardson first. Mr. Richardson, you can unmute yourself and speak to this case.

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maybe he's not available his hand is up but mike is um okay we can go back to him thank you so

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let's go back to the gentleman whose name i apologize uh from earlier who's uh here on this

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case 4800 north 8th street yes it's mirosh tsenai do you need to swear me in again or no you've been

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sworn in earlier but just spell your name again for the record sure it's uh mirosh m-i-r-u-s-h

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Last name's Sinaj, C-E-N-A-J.

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And you're here on calendar number 39421-4800 North 8th Street.

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That's correct.

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I can show my packet again if you guys need me to.

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So just could you tell us you've reached out to the RCO and they're not willing to meet with you?

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That's right.

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I've actually been in contact with the RCO since December of last year.

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And even since back in May, they said that they won't be holding any meetings until the coronavirus pandemic subsides.

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I emailed them after our – so I had a hearing on the 11th of August where I was heard, and then you instructed me to reach out to the RCO to schedule a meeting.

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I reached out to them on the 12th, which is the day after, and they're not willing to meet virtually.

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I'm not sure what the reasoning is, but I did submit an email to Ms. Saleta and Ms. Sunkit showing that,

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and I did copy Mr. Richardson on it as well so that he is aware, and they're just not willing until this subsides,

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which I hope you can understand that it's been nine months since that we

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submitted this application, this appeal back in early December.

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So if we wait until this thing subsides, I think.

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Yeah, we understand that, but so we, I don't,

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we don't have any notes in front of us.

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So could you tell us because we had it down as a continuance,

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just brief, a brief description of what the application represents.

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Sure. Sure. So this is a corner property.

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It's a CMX1 zoning. I can share my screen to show you some of the photos.

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That would be helpful. Thank you.

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Ms. Sunke, can you promote me, please?

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Okay, Marouj, I promoted you to panelists, and then the board can recognize that Charles

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Richardson is available and unmuted as you wish to speak to him.

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can you can you all see my screen yes okay so um this is the property here in the corner of eighth

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and ludon it's um it's a corner store it's a very large property it's currently vacant it's been

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vacant the second and third floor have been vacant for about 30 years we are

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