civus
Hearing video

ZBA Hearing - August 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 7, 20246h 50m

Do we see how many participants?

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Yes, Chair, it's still counting.

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Okay.

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Chair, we currently have 52 attendees, and you can start as you wish.

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Thank you.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, James Snell.

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Present, Chair.

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Our board member, Cheryl L. Gaston.

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Present, Mr. Chair.

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Our board member, Tonetta Graham.

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Present, Chair.

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And our board member, Michael Johns.

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Present, Mr. Chair.

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So present is Hillary Emerson, our attorney, and also the Deputy Director of Planning and Zoning, Kathleen Grady.

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Here's our virtual format.

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the proceedings are being recorded with your participation agree to be recorded video will

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be available by contacting kathleen.grady at phila.gov for our course and offer we ask attorneys

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and witnesses to identify themselves before testifying if you're participating by phone

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press star nine to raise your hand and star six to unmute to an appearance statement call

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2-6-7-2-7-0-5-5-4-8. Leave your email address and the address of the property in question. And

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finally, the question and answer box on screen is not for testimony or comments. All comments

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should be directed to Kathleen Grady, our executive director. Let's look at our schedule

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for today. Number three, MI 2023-005-986-7250 Willen Avenue. That case is continued. Number five,

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MI 2023-006-038-615 Alberger Street, Cases Continued, Attorney Moving Party.

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Number 14, MI 2024-001-631-2732 West Montgomery Avenue.

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That case is continued. And number 17, MI 2024-002-123-1524-38 Germantown Avenue. That case is continued. Are there any comments relative to the case is continued? Are there any additional cases to be continued?

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Good morning, Chair. This is Doreen Blakey, and I will be your co-host today.

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And there is a hand up for Vern Anastasio, and he will be allowed to speak.

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Good morning, Counselor.

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Good morning, Mr. Chair.

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Could you please state your name? It's spelled for the court sonographer.

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Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O.

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on behalf of Ms. Sherry Minor, the owner of the subject property.

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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, I do.

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And what's the location of that property?

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2135 West Venango.

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Yep. Please proceed, sir.

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Thank you, Mr. Chair.

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My firm was just hired yesterday to take over representation of the case.

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As such, I'm just asking for a continuance so that I can get caught up to speed.

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Thank you.

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Thank you very much. So MI 2024-001-644-2135 West Venango Street, that case is continued. Are there any other requests for continuances?

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Excuse me, Mr. Chair, just to jump in on that one. Mr. Anastasio, I'm looking over the paperwork for that one. I think the refusal may have the incorrect use listed on it. It's listed as group child care, but it appears from the materials that the applicant submitted that they're asking for group living. So the refusal may need to be amended in that case. I just wanted to bring that to your attention.

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I appreciate that. And we'll probably discuss offline and move forward. Thank you.

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thank you very much any other requests for continuances yes tiana brown will be allowed to

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speak good morning good morning hi could you please stay

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Good morning.

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Good morning.

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Hi, could you please state your name and spell for the court sonographer?

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Yes, Tiana Brown, T-I-O-N-A, last name Brown, B-R-O-W-N.

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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, I do.

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What case do you want to talk about?

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2732 West Montgomery Avenue.

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what what number is that hillary

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zp 2024 that's number 2027 number 14 mr chair we just we just continued that case

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tiana that case has been continued oh okay okay um all right at the request of the coordinating

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maintaining RCO, there's been no contact with them. So please take care of that for us. Okay?

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Okay. Ms. Brown, I did send you an email last night explaining why the board had to continue

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the case. Oh, my apologies. That's okay. I just want to let you know, we did send you an

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explanation so you can look at that. If you have further questions, you can let us know.

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Okay. May I ask one question or should I do that offline? Why don't you do that offline?

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Offline, please. Thank you. Thank you very much. Thank you.

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Are there any requests for continuance?

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There are no hands.

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Okay.

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So number two, MI 2023, 005-982-6233 Chilwin Avenue.

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Prince Dennis is the listed applicant.

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This is the second listing.

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No one appeared the first time.

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Listed applicant is Prince Dennis, and Amazing Heights is the listed owner.

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um i see no hands chair thank you oh wait a minute excuse me chair um whose hand is that

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let me a sec please

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that's craig meladosian um yes craig meladosian our ceo is handling this matter okay all right craig

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Good morning, Chair Bergman. Craig? Sure, thank you. C-R-A-I-G. Last name Melidosian, M-E-L-I-D-O-S-I-A-N.

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Do you swear or affirm to tell the truth, the whole truth, and not take by the truth?

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I do, Chair Bergman. Please proceed.

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I just want to indicate we've had no communications from this applicant by the email address or the physical address of the property.

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This process started in December 4 of this year, and we would ask your consideration for dismissal in this matter.

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We actually put in the continuance request the last time.

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I have advised Andrew Goodman at Councilperson Gautier's office of our desire.

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Thank you.

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Thank you very much.

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Is Prince Dennis in the audience?

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There are no hands with the name Prince Dennis, Chair.

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So MI 2023-005-982-6233 Cheltwin Street, this is the second listing. No one appeared the first time. I vote to dismiss.

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James Snell, my vote is to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Teneda Graham, my vote is to dismiss.

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Thank you. Number 6, MI 2023-006-083, 627 South 11th Street. Jim Armstrong is the owner applicant.

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Jim Armstrong, if you're in the audience, please raise your virtual hand.

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There are no hands, Chair.

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Thank you.

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So MI 2023-006-083-627 South 11th Street.

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We have no exhibits.

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This is the second listing.

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We do have information that Mr. Armstrong was thinking about withdrawing.

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We did not receive a letter.

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I vote to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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James Bell, my vote is to dismiss.

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michael johns my vote is to dismiss panetta graham my vote is to dismiss

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ishmael shahim my vote is to dismiss

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thank you mi2023-006-253-2848 south 12th street pasquale calavito is the attorney

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this is the second listing we do not have exhibits

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This is the second listing. We do not have exhibits.

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I don't see Pascual Calavita with a hand raised here.

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So in the audience. Okay, thank you. Hillary, have we heard from him at all?

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i do we did reach out to him via email um i don't believe um

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we have not received a response previously he had requested a continuance

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in this matter because the rco meeting had not occurred thank you so mi 2023 006 253 2848

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south 12th street this is the second listing we still have no exhibits i vote to dismiss

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michael johnny my vote is to dismiss james now my vote is to dismiss

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cheryl gaston my vote is to dismiss tenetta graham my vote is to dismiss

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and number 12 mi 2023 006 927 925 north florence

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Street, this case has been withdrawn. We're going to go to our add-on list.

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Number one, MI 2024-001-280-1449 South 13th Street, I vote yes.

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Michael Johns, my vote is yes. James Snell, my vote is yes.

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Cheryl Gaston, my vote is yes

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Tanetta Graham, my vote is yes

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Ishmael Shaheed, my vote is yes

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So number two, voting on this will be myself, Ishmael Shaheed

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and LeBaron Leonard Palmer, who is an ordered board member in the past

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M.I. 2023-006-343-9901 Frankfurt Avenue.

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I vote yes to reconsideration and rehearing.

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H.M.L. Shaheed, my vote is yes to reconsideration and rehearing.

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LeBaron Leonard Palmer, my vote is yes to reconsideration and rehearing.

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Thank you.

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We're going to go to our regular list and start with number four. MI 2023, 005-998-1813 East Somerset Street. Delvis Tavares is the listed applicant. Martha Pennant is the listed owner.

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anyone okay i have martha martha pina with a hand raised chair okay she will be promoted

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please thank you okay thank you she has been promoted to panelists

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good morning

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hello good morning everyone good morning could you please state your name and spell for the

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court stenographer yes martha penna m-a-r-t-h-a p-e-n-a do you swear or affirm to tell the

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truth the whole truth and nothing but the truth yes i do okay um do you have a uh

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you're the owner am i correct correct is there a tenant

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uh not at the moment there was a tenant i used to own a beauty salon there

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everything's shut down at the moment okay so this application is for use as retail sales of food

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beverages and groceries in an existing structure correct the proposed use retail sales of food

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beverages and grocery is prohibited in the rsa5 district our vice chair has several questions for

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you okay good morning do you agree to wait to read another review or stipulate to a fact

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Yes, I do. Good morning.

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I've emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing.

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I have submitted everything, yes.

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Thank you. Please proceed and share your screen.

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Thank you.

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Just so you know, there are some taxes still owed, and we will hear this case, but we will not vote on it today.

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Okay. Could you turn your video on, please?

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Okay.

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I am.

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Could you do could you.

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Yeah. Can you see me?

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No.

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i think it's my desktop it's not working is that uh we we absolutely need you to be

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need to see your documents and also to see you okay i'm new to this i'm sorry

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okay i think you're coming up i see zoom okay

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Okay, we still need to see you. Am I correct, Hillary?

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I'm working. Ideally, yes.

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But she has been sworn in. So if she is certifying that she is.

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She says in the owner of the property, then she is under oath.

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Yes, I am. All right. We see that. We see your refusal.

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And I'm trying to get rid of this box. Is it okay to just exit out?

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well if you could exit out of that but we just need your your other materials too right

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and then this is part of the um the permit yep application when we submitted okay

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sure go on this is my deed okay

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this is the payment plan that i got for the violations with the city of philadelphia

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I included it just to let you know that the violations and the fees are not being ignored.

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I'm just on a payment plan with them.

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Okay.

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All the details are stated here, where the ballot started and my monthly payments.

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this is the list of the notifications for the rcos the number of um mailing lists that i had

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to send out this is today's um hearing notice

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this is when well it had been rescheduled for the first of july

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that's that has different names on it am i correct

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that's deborah tavaris and angela sanchez

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yeah i i didn't even i don't know who these i don't know who that i don't know

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but it is my address um miss pena uh angela sanchez is the one that submitted all of your

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documents or at least that was the name on the email yeah i know angela but i don't know um

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the death relate this lady okay who's who's angela sanchez

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she's uh someone who helped me fill out all the paperwork for the zoning when i submitted it

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okay and she's um also been the one scanning and emailing stuff

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for me to the ZBA and the RCOs.

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Okay.

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I can have photos of your property.

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Then I have the, this is the plans.

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If you want photos, yes.

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This is the inside.

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Everything's closed.

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Nothing's been constructed yet.

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they just I just put the shelves there and this is two properties am I correct 1811 and 1813

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yes I was told by the the RCOs that I need to amend something because when the when the

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application was submitted you see here where it says the correct address is 1811 slash 813 east

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somerset right the only thing that had been picked up was just 1813 east somerset

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so i i need to understand how to go about i need to find out how to go about amending that

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