civus
Hearing video

ZBA Hearing - August 18, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 18, 20212h 49m

my client have not met with the rco still getting necessary materials together i was

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just retained about a week ago to sort of get everything put in place so okay this is the

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second listing uh so what we'll do is uh i'm sorry to interrupt you okay uh mi 2020-00

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303-118-2109-Gillingham Street.

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This case will be continued and it must be heard.

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Understood. Thank you very much.

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That's because they obviously hired you at the last minute.

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I appreciate it. Thank you.

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Thank you.

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Any other requests for continuances or withdrawals?

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No further hand at this time, sir.

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Thank you.

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We'll now go to case number one on our 330 list, MI 2021-002577, 1115 69th Street.

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And Ms. Elizabeth Graves, she's a pro se, she's representing herself.

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Ms. Graves, please raise your virtual hands so that you may be sworn in.

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thank you miss graves please spell your full name and i'll swear you in

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you need to unmute yourself ma'am

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okay miss graves yes please spell your name

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E-L-E-Z-A-B-E-T-H-G-R-A-V-E-S.

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

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Yes, I do.

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Mr. Plaza has some questions for you.

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Okay.

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Yes, ma'am.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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copy of the refusal or referral photos and plans five days prior to this hearing?

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Yes, I have.

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And have you met with the RCO and have a letter?

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Yes, I do.

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Yes, I have.

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Ms. Graves, do you have another device on?

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We're getting some feedback.

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No, I'm just trying to share.

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I was inside trying to share.

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It's only just you guys.

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Nothing else.

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Nothing else.

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That's better.

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That's better.

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Thank you.

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Thank you.

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I'm only trying to share.

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Are you guys there?

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I don't see anyone.

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We're here.

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We're here.

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All right.

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I'm not familiar with sharing.

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I'm trying to share the screen, but I can tell you I've shared all the photos.

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Ms. Shunkett will walk you through that.

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Okay.

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Do you have your documents up? You should open your documents first. So un-share and try to re-share, but have your documents up.

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Okay.

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Thank you.

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Sorry.

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Okay, I am.

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You have your document?

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You have your document?

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yes i'm opening the photos okay now you click on the share button at the bottom

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did you click share i don't see the share at the bottom on your are you in your zoom

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no i'm in the folder where the pictures are no you just open up the documents and have

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them sitting there okay then you go back to your zoom and click on a share button

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okay here i come that allows them to display within the zoom

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you hit the share

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and then you should go no i'm coming

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okay

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okay I'm back here we go okay we don't have anything yet okay it asked me to

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hear the entire screen and it's texting me to share or cancel I push share but

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the screen is showing me a screen inside of a screen do I touch that yes it

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should be the documents that you want to it's coming okay okay great oh and large

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it so that it's easy to read and see by all okay you say good and maximize your

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actual window okay yeah okay do i do it yep it looks how was the chair can you guys see yeah

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yeah we can see the front of the house okay you can proceed miss graves all right um we've lived

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in the east oak lane area we purchased our first home at 805 69th avenue in 2000 and we love the

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area we we've been um participants in our um neighborhood since we've been here and we moved

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down the street which is 1111-1115 69th avenue which is on the same block just two blocks from

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our original home we chose this home because when we purchased it we were told it was five units

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and they were tenants when we purchased it and we insured it for that and we've been residing

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there and we started to do all the formalities for certifying the five units the lead checks

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and doing everything to turn into a realtor and take over for the realtor company that

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as a realtor and takeover for the realtor company that was in place when we purchased the home.

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that was in place when we purchased it.

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And when we did the unit search, we found that even though our paperwork said it was a five unit,

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that the license and inspection and zoning had asked the prior owners to downgrade it in 1982.

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The blueprints that we have and the blueprints that I submitted, I got it from license and inspection.

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and on those papers it did also say five units and then the small print it says asked owner to

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downgrade to four units are you able to share that any of those documents with us um I did I

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emailed it um I mean on the screen let me see let's try it okay um here and when we um basically

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Michael, you're asking for us to legalize a five unit?

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Yes, we were requesting a variance for the five units because that is what we were told.

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I mean, I understand if it doesn't, I feel also we would have a legal suit against the person who sold us the home

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because they sold us the home as a five unit.

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And to see the license inspection was requesting them to take out a unit.

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It's impossible to take out of a unit, but it is possible to actually file for just four.

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But it's impossible because when we purchased it, it was already divided into five units, five separate apartments, bathrooms, two bathrooms, and the two large ones, and the other bathroom, each other unit has one restroom.

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so um we're we're asking for a variance just because it is what it was zoned for for us what

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we were told and it was our first time purchasing a multi-unit our other home had seven bedrooms but

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it was one whole home so we didn't know at the time that was something um that was to

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observe it will become a issue you have you have a letter from the rco

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yes uh-huh could you bring that up on the screen sure

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okay well here we go okay and pick you

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okay

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um miss graves your screen is still up so we had you had brought up the document

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oh you see it not now but you have to bring it back up we did see it

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oh i'm sorry because you're still hearing there we go oh good okay

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all right scroll down that would be helpful slow

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local

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community takes a neutral position okay

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and some things that i did do prior i went to the chief um of the fire department which is the

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local ladder which is two blocks from us and i went to them and asked the chief if he could come to

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check out you just muted yourself miss graves

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Ms. Graves, we lost your audio.

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Ms. Graves?

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Yes.

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We lost your video.

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You started speaking about the fire department chief and then we lost you.

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Oh, sorry.

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Yes.

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I went to the fire department chief, which is two blocks from me, to the ladder, that's the local ladder, and I told him that we had to, I had an issue after, you know, kind of painting the apartments.

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I wanted him to come and look them over and see if the fire smoke detectors were in place, were they in good locations.

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So he came with a whole team of firemen, and they installed all the smoke detectors throughout the whole building.

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you have

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Do you have that document that shows the past history?

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Yes, I can get that.

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You can do that.

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Okay.

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I'll hold that up now.

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yes i got it tell me once you guys see it do you guys see that uh we see something

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that says house number yep okay so this is the atlas which is from license and inspection

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i got this um when we first purchased the home so stop it right there for a second sure

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all right scroll down a little bit

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two three family four family keep going

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and this these blueprints here are showing over the years as they added additions and

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continue to go back to get updated from the um zone

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let me let me do this any questions from the board

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no um anyone else would like to testify in this case if so please raise your hand

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And I'd like to skip to the most recent.

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Here's the.

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Anyone else would like to testify in this case?

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any hands

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and this was after then this was the updated after then okay just hold off ma'am oh okay

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jason i don't know if you heard me is there any any other hands up

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Here we have Hillary Emerson who has been allowed to speak and is available to be sworn

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in.

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Emerson, please identify yourself and I'll swear you in.

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Councilwoman Sherelle Parker.

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Hillary, start again, please.

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We broke up.

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I'm sorry.

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Hillary Emerson on behalf of Councilwoman Sherelle Parker.

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Is that better?

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Yeah, and just spell your name for the court reporter.

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I'm sorry.

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Can I just interject for one moment, please?

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Sure.

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Hillary, it seems like it might be an issue maybe with maybe where you're located.

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Can you move a little?

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I don't know.

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I'm in my car right now.

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Okay, that's why.

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Okay, now we can hear you well.

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We can hear you well.

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Oh, okay.

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Just spell your name, Hillary, for the court reporter, please.

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Sure.

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Hillary is H-I-L-A-R-Y, last name Emerson, E-M-E-R-S-O-N.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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Sure.

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The councilwoman does not oppose the variance request in this case.

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We did review the hit.

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street um and the the property was um changed to a five unit dwelling um i don't remember the exact

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time frame but several decades ago and then in the 80s when an addition was put on for some reason

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it was downgraded to four units um which doesn't totally make sense okay i think we're losing you

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but we don't know councilwoman is not opposed all right uh anyone else to testify can you hear me

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still mr chair now i can yep all right we're going to move on anyone else to testify in this case

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planning commission i thought there was a another hand

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Planning Commission I thought there was another hand up for Miss Miss Freda Williams but she

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seems to have put it down I'm having a hard time hearing you Jason I thought I miss Freda Williams

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put her hand up but might have been by mistake so other than that there's no further hands at

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this time thank you we'll go to the Planning Commission thank you good afternoon chair

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peter bernard for the planning commission this property is indicated for single family residential

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in the comprehensive plan the property has a long history of being used for multi-family and

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we feel the applicant has demonstrated sufficient hardship accordingly we have no objection to the

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granting of the variance thank you very much mi 2021-002577 1115 69th street my vote is yes

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confessor plaza my vote is yes thomas halliman jane snell my vote is yes thomas halliman my vote

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is yes thank you we go to item number five mi 2021-001112 3422 collins street

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this is a second listing is medallia lopez available

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it doesn't seem to be available sir i don't see you in a virtual audience

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thank you mi 2021-001112-3422 collins avenue collins street my vote is to dismiss

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confessor plaza dismiss jane snell dismiss thomas harloman dismiss you item number six

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mi 2020 dash 000 328 4609 hedge street h-e-d-g-e leo mobile is a attorney of record

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Mr. Mulvihill has been promoted to panelists thank you Mr. Mulvihill please

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identify yourself with the record I believe you were on earlier this morning

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and good afternoon chairman members of the board

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please identify yourself spell your name and I'll swear you in

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Leo, L-E-O, last name Mulvihill, M as in Michael, U-L, V as in Victor, I-H-I-L-L.

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Address.

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

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