civus
Hearing video

ZBA Hearing - September 15, 2020

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

requesting a duplex on the second and third floor the two other corner

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properties nearby are duplexes they were previously granted duplexes again the

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They were previously granted duplexes. Again, the dimensions of the property are larger than the ones on the row due to being a corner property. Again, the building is 18 by almost 66 feet. So this is a large building.

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dimensions of the property are

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The units would be very large, almost 750 and 850 square feet, so not small by any means.

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This is the condition of the property, and we intend to – we are not making any changes to the property itself.

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We intend to fix it up.

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We did meet with the neighbors initially back in February.

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We had initially, due to the interest of a neighbor, a laundromat on the first floor,

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but the neighbors did not like the laundromat even though it's by right and we went and we

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amended the application so to put a convenience store we think that renovating this property is

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good for the neighborhood no one has been opposed to the duplex yet because we were not allowed to

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hear it but again there's nearby dumping all over we think that fixing it up will deter the dumping

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Additionally, we pledge that we're going to rent this out at a fair market value and affordable housing based on the HUD values.

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And we have everything else as well in the deed or in the packet.

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We did submit this already.

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Mr. Sinaj, can I ask a question?

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You did have one meeting with the RCO before amending your application.

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Is that correct?

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Yes, that is correct.

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so this isn't a case where there was never any community feedback that's right so at the initial

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meeting we were not allowed to discuss the duplex without removing the laundromat on the

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on the first floor i used that's by right but um we tried to discuss the duplex but we were not

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allowed to speak on that and we did we did amend the first floor used like the neighbors said we

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we sent a letter and we got a letter from Ms. Sunkit so I think we've acted in good faith

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and our application I do think it has merits we're not asking for much the there's almost

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1600 square feet on the second and third floor so you can it's a very large property

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Mr. Richardson I think you're with us now if you are please raise your hand

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can you hear me yes okay uh good morning again mr chair and board uh the logan's position just

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just say your name please charles richardson from the office of councilwoman bass

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okay logan's position not holding any rco meetings presents a huge problem for the councilwoman

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And as we're not able to get any true idea of what the community actually wants, because they're not willing to have meetings, whether they be in personal or virtual at this point in time.

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And as being the case, then the councilwoman is going to allow whatever decision that the board makes to be the one that stands at this point.

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Because we have, again, it puts us in a very bad position of not being able to ascertain what the community's true wishes are.

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Understood. Thank you.

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uh questions from the board

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no anyone else wish to testify in this matter please raise your hand

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no hands at this time chair thank you planning commission

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this um this property is indicated for neighborhood commercial uh mixed use on the city plan but

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given the existing character of the surrounding area and property size you have no

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i i think you said you have no objection ron we broke up that's correct

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calendar number 394214800 north 8th street my vote is yes my vote is yes my vote is yes

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my vote is yes my vote is yes you thank you uh sharon tanya do we have any unfinished business

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on the morning session that's all i have chair that's it so we'll see everybody back at two

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o'clock take care everybody see you then thank you bye-bye

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pauline has such a lovely voice

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Thank you, Tanya

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The two of you are in a competition.

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The two of you are in a competition

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It looks like we have a group of people here, Chair.

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So they were already sitting and waiting.

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So we're ready when you are.

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Okay, thank you.

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Good afternoon, everyone.

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My name is Frank DiCicco.

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I'm the Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our Vice Chair, Ms. Carol Tineri,

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board secretary confessor plaza and board members mr thomas holloman and mr james snell

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board administrator tanya sunkett and board attorney sharon saletta are also in attendance

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for those of you who haven't yet participated in one of our virtual meetings i'll go through some

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of the basics of what you can expect first we'll begin this morning or this afternoon session by

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reading a list of cases to be continued. If you believe any case announced as being continued in

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error, please give us an opportunity. I'm sorry. We will give you an opportunity to respond. I

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

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additional continuance and or withdrawal request. Then once we've confirmed which hearings are being

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continued, Vice Chair Tenere will begin calling the remaining cases listed for this session.

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When a case is called, we ask that attorneys representing applicants or other interested

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parties in the matter identify themselves for the record. We will then hear the appellant's

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presentation, followed by any presentation by attorneys representing other parties.

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

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an opportunity to testify. We will finally hear the recommendation of the Planning Commission.

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

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

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

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First, we will be administering oaths to individual participants 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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identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by

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participating, you acknowledge your agreement to be recorded.

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Fourth, anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue. I'll repeat this as well. To enter an appearance

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statement, call Google 267-270-5548 and leave your email address and the address of the property at

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issue. With that said, we can begin. But before Vice Chair Tenere calls our first case, we'd like

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to announce that the following matters are being continued. Calendar number 37240-1001

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North 46th Street. The reason being the applicant submitted an incomplete exhibit on September

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September 14th, and photos of posting, I guess,

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failure to show poster, a poster showing,

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showing a poster with information.

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Let me start that again.

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I apologize.

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Applicant submitted incomplete exhibit packet on line 14,

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and photos of posting show posters with information

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for original hearing at 1515 Arch.

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Next case to be continued.

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Calendar number 38374.

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6, 7, 5, 6, Geyer Street, G-U-Y-E-R.

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Calendar number 3, 7, 2, 8, 9, 5, 4, 9, East Luray Street, L-U-R-A-Y.

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Calendar number 3, 9, 6, 1, 0, 4, 2, 2, 4, Brown Street, MI-2020-

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Brown Street. MI-2020-000839407 Bud Street. MI-2020-00003892810

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Frankfurt Avenue. I suspect that's one. I put in one more zero that's on the sheet. It should have

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and 000 383 2810 frankfort avenue mi-2020-000955 2774 kensington avenue

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MI-2020-000987-1800-18, North 4th Street.

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Calendar number 38334-198, West Ashtail.

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Calendar number 37156-1609, South 8th Street.

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if anyone believes that any of those cases that we put in on the record as being continued was

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done in error please raise your hand now and also if you request you want to request a continuance

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or withdrawal at this time please raise your hand also

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Here we have Maggie White. Maggie, you can unmute yourself and speak to a continuance.

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Good afternoon, Ms. White. Please spell your name and give us your address for the record.

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Good afternoon. My name is Maggie White, M-A-G-G-Y-W-H-I-T-E, and I work for the law department. I'm a deputy city solicitor. The city is appearing in our nation.

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Let me swear you in. Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Tanya, excuse me, one more minute.

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Tanya, did you want to say something?

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No, I just wanted Maggie to be sworn in.

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Thank you, Chair.

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Okay, thank you.

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Please proceed, Ms. White.

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We're here today to ask that the case be dismissed

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rather than continued.

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This is the second continuance as a result of,

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I understand it, failure to submit a complete application.

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This is a property in the city's point of view

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that is a nuisance.

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There are ongoing violations.

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It's currently under cease.

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The variance that they're requesting,

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they've actually already been using the property for that without permission.

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Which case are we talking about, please?

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Sorry, this is 198 West Ashtail, appeal number 38334.

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Okay.

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All right.

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So the law department's requesting the case be dismissed, right?

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yes all right is there anyone out there on this case who wishes to testify

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or respond to the request for dismissal

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anyone who is here on this case now raise your hand hillary

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hillary are you here for this case yes i am okay you can

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go ahead yes sorry um i i i thought i was good that's why there was confusion i thought i was

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going to um speak first um hillary emerson on behalf of councilwoman sherelle parker's office

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um here requesting um the dismissal of 198 west ashdale street calendar number 38334

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um this case um was originally scheduled for a hearing in december um continued till april but

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then postponed to due to COVID. And this is the second time they've failed to submit documents

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for a virtual hearing. The property was when we had the community meeting in December,

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we found out was open and already open and without having zoning or a CO and already a nuisance to

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the community. There have been numerous calls to the police. Ellen and I actually ceased this

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property back in May because they were operating during COVID when they weren't supposed to.

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And there's strong opposition from the community.

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And as you heard from the law department, and I know the local police department as well to this.

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So since they haven't made any efforts to move forward with their zoning, we ask that the case be dismissed with enforcement.

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Anyone else on this case?

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Anyone else on this case?

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So we have a Belkis Marrero.

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Belkis, you don't have, I guess, the updated Zoom, so I can't unmute you.

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Can you speak now?

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Okay, Belkis, you've been promoted to a panelist. Unmute yourself. Are you here for this case?

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Yeah, she's for the case of 2033 East Wishart Street.

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No, we're here on a different case.

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Just give us a few minutes

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I think your case

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I don't see it on our list

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Yeah it's

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2033 East

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Wishart Street

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Philadelphia PA

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We're discussing

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We're discussing a total different case

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You can chat or send me a

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Q&A about a question

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on ashdale street i can tell you there is no attorney listed so there was no one that i

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reached out to we didn't receive any exhibits or um any requests from the applicant that i know of

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all right so let's go back i do have mr swartz are you here for this case

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Mr. Swartz, are you here

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for this case?

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So you would be

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talking to them. Never mind.

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Jared, people are raising a hand.

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Please only raise your hand

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if it's about the address

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and question. Thank you.

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198 West

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Ashdale. We're only accepting

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questions and comments on that case.

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you can continue i don't see any thank you tanya calendar number three eight three three four

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one nine eight west ashdale my vote is to dismiss with enforcement my vote is to dismiss with

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enforcement

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okay no worries you continue we have four we have four dismissals anyone else again will ask

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is there any other requests for a continuance or dismissal or does anyone believe that we

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call the case to be continued in error if so please raise your hand now

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i have leonard leonard are you here to request a continuance

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Mr. Brundage

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Okay, no worries, moving on

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Chair, we have Leonard

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Reuter

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I'm sorry, I looked at Brundage

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It was both

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Is Leonard here, Reuter

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Reuter

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