civus
Hearing video

ZBA Hearing - December 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20208h 28m

All right, we're going to go live.

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DPZ, Zoom, something wrong with your audio, it looks like.

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Good morning.

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Sorry I was late.

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Sharon.

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So we're currently live.

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Okay.

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Hold on one minute, please. Let me get my stuff together here.

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Sharon, you sent us a delayed list.

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There's one delay list case to be voted this morning. You were only waiting for the tax

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clearance on the other one. Right. Okay.

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And the other is a follow-up hearing.

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right and we were waiting for feedback was it from the rco um yes i believe there was a

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a second rco meeting and leo mulbahill was going to come back and um request and report on the

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meeting uh so let did we go live yet are we live yes we are okay um so let let's get let me open

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this up and then we'll go from there. Good morning, everyone. I'm sorry, Tanya, are we ready?

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A couple more minutes if we could. All right. Yeah, no rush. Do you let me know when you're ready?

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And you also have the updated continuance list. Yes. Yes, I do. Thank you.

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um and since sending this that one more is at it number 10 uh 23 440 orthodox street is also being

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continued

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sharon thank you for doing all of this this is amazing oh you're welcome

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number 10's continued also

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and sharon i don't know if you were on i i told the board uh and everyone that uh we're going to

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move the Packer Avenue case to the end? Is that still the plan? Yes. Okay.

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Okay, looks like we're good, Chair. Okay, wait, I'm sorry. I'm taking something back already.

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um call number 10 i'm i'm not certain about that i think there might have been a mix-up

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thank you

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hold on let me get it back in my packet number 10.

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back in here

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okay i think i'm ready on my end okay orthodox is not going to need right unless we hear

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perfect i actually i don't have exhibits for it but you should call it just to okay we'll call

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and see what happens um good morning everyone my name is frank de chico i'm the chair of the zoning

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board of adjustment i'll be participating in today's hearing along with our vice chair miss

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Carol Tenere, Board Secretary Confessor Plaza and Board members Mr. Thomas Holloman and Mr. James

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Snell. Board Administrator Ms. Tanya Sunkett and Board Attorney Ms. Sharon Saleta are also in

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attendance. For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering oaths

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to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone,

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we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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

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and that by participating, you acknowledge your agreement to be recorded.

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Pardon me.

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fourth for anyone participating by phone if you wish to testify you must raise your hand

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by hitting star nine and then star six to unmute yourself i'll repeat for anyone

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and then star six to unmute yourself.

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I'll repeat, for anyone participating by phone,

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if you wish to testify,

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you must raise your hand by hitting star nine,

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and then star six to unmute yourself.

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Finally, to enter an appearance statement,

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call Google 267-270-5548

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and leave your email address

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and the address of the property at issue.

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i'll repeat that also to enter an appearance statement call google 267-270-5548 and leave

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your email address and the address of the property at issue with that being said we can begin but

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before ms tenary calls our first case i'm going to read off a list of cases that have

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there's a request for continuance and at the end of that if anyone else is requesting a

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continuance or withdrawal please raise your hand at this time first case on the continuance list

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for this morning mi 2020-001534 105 north felton street f-e-l-t-o-n

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MI 2020-000070 1615 South Broad Street. MI 2020-001045 1740 North Marshall Street.

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MI 2020-000344, 2433 Harlan Street, H-A-R-L-A-N.

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MI 2020-001535, 2724 East Somerset Street.

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MI 2020-001533, 3112 West York Street.

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If there's an applicant present or an attorney,

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and if you are not in agreement with the cases that have just been read off to be continued,

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please raise your hand.

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And again, I'll repeat, for anyone who would like to enter a request for a continuance

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or withdraw, please do so at this time also.

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Also, Mr. Chairman, if anyone here presenting a case today hasn't met with the RCO or hasn't

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emailed their exhibit packet five days prior to this hearing, please raise your hand, come

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forward and explain to the board.

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Thank you.

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And before, Chair, if we go forward with the attendees requesting continuances, I do have

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7806 Lime Kill Pike. If anybody is here for that case, Sharon was alerted that it was heard

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already and probably put on the list an error. That's number, I'm sorry, that's for the next

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i'm sorry yeah i don't see that yeah it's two o'clock miss two o'clock okay then i have a request

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from the attorney for number eight on your list and it's um requested by nick nicholas um and it

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a request for continuance but i would ask if we could mark this must be heard as it's been

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continued multiple times and it was on the um appeal list since september 2 2019 very good

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thank you so uh mi2020-0002521743 east washington lane is continued and must be heard

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thank you chair fatina we can start going to the first person that you see with their hand up

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ready for continue asking for continuance

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okay i have daniel mc l hatton i'm about to allow mr mckelhatton please identify yourself

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for the record. Spell your name and I'll swear you in. Daniel McElhatton, 2000 Market Street,

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suite 1400, Philadelphia PA, 19103-215-557-0811. I represent your last name, Daniel Furrier.

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M-C, capital E-L-H-A-T-T-O-N.

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Okay, and you're here on what case?

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okay and you're here on what case i'm here on 2724 east somerset

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I'm here on 2724 East Summertown.

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but we already said that was continued i i'd asked for the continuous the address that i

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heard was not 2724 so i may have been give me a second let me get my stuff

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yes chair we did continue it okay okay

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And you can check next week on the ZBA calendar for your new date.

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Thank you very much.

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Good day.

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Anyone else requesting a continuance or withdrawal?

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mr chairman uh dustin dove here i'm requesting a continuance for 890 north mr dove excuse me

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just spell your first and last name please sure uh dustin d-u-s-t-i-n last name is dove d-o-v-e

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and you swear and affirm to tell the truth the whole truth nothing but the truth

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I do.

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And you're here on what case?

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Calendar number MI 2020-001537, 890 North Holly Street.

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I don't, is that for the ninth?

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Oh, I got it here.

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Okay, it's number 16 on our list.

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You're asking for a continuance?

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Yes, we haven't had the opportunity to meet with the community yet.

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We've attempted to schedule it, but we haven't heard back.

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So we would like to hopefully continue this until January.

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Okay.

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Calendar number 2020, MI 2020-001537890 North Holly Street is continued.

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I'm sorry, Chair, if I could just interject that your date will be posted on the ZBA calendar

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next week, and you will probably be in March, more likely.

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Okay.

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All right.

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Thank you so much.

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I appreciate it.

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Thank you. Anyone else? Chair, we have Charles Richardson. Good morning, Mr. Richardson.

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Good morning, Mr. Chair. I am asking a continuance for 35- Mr. Richardson, excuse me, you've got to identify yourself, please.

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Oh, sorry about that. Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

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We're in a firm to tell the truth, the whole truth, 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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Yes, sir.

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3517 North 15th Street, MI 2020-000345.

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We have received no communication and have no information with regard to this request of variance.

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So we're asking for a continuance.

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I don't know whether they were from 2019 or something along those lines.

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but we don't have any information at all excuse me this is Sharon Saleta that's number 14 on the

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board's list and we also have no exhibits okay uh was this continued already Tanya

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number 14 yeah yes this here was uh um submitted as an appeal on November the 13th 2019 so we're

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past a year um so if we could continuous continue it this one time and must be heard thank you

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kindly chair thank you mr richardson mi 2020 that's 0003453517 north 15th street is continued must be

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heard. Any other requests? Yes, Chair. We have Alice Udovich. Good morning, Alice. Please identify

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yourself with the record. Spell your name and I'll swear you in. Good morning, Chairman, members of

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the board. Alice Udovich, U-D-O-V-I-C-H from Councilman Brian O'Neill's office. Swearing

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affirm to tell the truth the whole truth nothing but the truth i do please proceed chairman on

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behalf of the ronhurst civic which has reached out to us we're asking to continue two cases

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the first one being 2100 benson the second being 7800 uh busselton okay the ronhurst civic uh has

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is undergoing a reorganization and because of these cases being pretty important we'd like to

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have the RCO meet on these cases before a hearing. Thank you. Excuse me this is Sharon Saleta those

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understood thank you excuse me this is sharon saletta those are number nine and 15 on your list

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are number nine and 15 on your.

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yes and number 15 um 7800 busselton i believe justin crick is here to um speak to the continuance

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he is the applicant's attorney all right let me do the number nine on our list first mi 2020

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that's 000735 2100 benson street is continued um excuse me i'm sorry because that's a third

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party requests. The attorney on that one is Brett Feldman. He may want to. I know it's if it's worse.

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Mr. Feldman, are you out there? Or is someone representing 2100 Benson Street out there?

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Mr. Chairman, Brett Feldman, this case actually is being handled by my colleague,

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Kate Missimer, who I believe is out there and can explain the reasons why we need to proceed today.

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um all right uh what about uh sharon on number 15 7800 busselton

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yes since they are both requesting that they be permitted to go forward it doesn't matter

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which order you do this in okay so is there not there's there's not there are objections

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to continuing both those cases yes um kate missomer if you'd like to call number nine first

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kate missomer missomer would like to speak to 2100 benson sure okay and i apologize kate for

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thinking it was brit well the brett's name is on the sheet so okay no problem i'm here good morning

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please identify yourself spell your first and last name for the record and i'll swear you in

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Good morning. Catherine Mithimer, M-I-S-S-I-M-E-R, 1835 Market Street, Suite 1400-19103.

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We're infirmed 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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If granted today, this would be the actual fourth continuance in this matter.

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This was originally scheduled in April.

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A continuance was granted for the COVID period.

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It was rescheduled in August and again in September.

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We've kept a log of communications with the RCO.

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We have over 30 points of contact.

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The case is somewhat unique in that our preference is always to meet with the community first.

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But this proposal is to restore a building that was previously destroyed by fire.

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So essentially the use is the same at the same location.

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But we've been unable to hold a meeting, and this would be the fourth continuance in this matter.

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Additionally, the owner is currently under an agreement of sale that is pending, but has been delayed several times, obviously, given the scenario.

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So while we appreciate the community's interest in this project, we've received no real response since the summer about meeting on this project or any input from the community.

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Thank you.

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So Alice, I was not aware that this case has been continued on several occasions.

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Do you have any sense of when the community would be able to meet before the end of, well, let's see, our last week.

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What's our last week of hearings?

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I think the week of the 15th, is it?

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That question is for Tom.

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After speaking with several of the new members of their board I believe we could get a meeting

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in December. Would it be possible to hear today and hold for a vote once the community has a

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meeting? What we do is we can resume it on a specific date. We can hear it.

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Tanya, any suggestions?

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It's kind of hard because we're just totally swamped and booked up.

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And we wouldn't really have availability until January.

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Does that work, Kate?

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I think the preference obviously be for something sooner because, again, they've been

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paying fees to extend this agreement out to accommodate a hearing um you know we're open

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to suggestion but obviously a fourth continuance is pretty unusual yeah i'll agree i'll agree to

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that um and again sarah and seleta kate i i think what they're considering is holding the hearing

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today and then scheduling a second follow-up hearing for community feedback after the hear

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after the meeting as long as we can commit to a time period within that um that the

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um that the the meeting has to take place i think that's fine i think you can work that out with

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the meeting has to take place i think that's fine i think you can work

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alice offline yep alice at work yes great thank you all right so we'll hear it alice and then we

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will uh we'll have a uh wait to hear back from your office and the uh community group excuse me

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but we are going to have to have a specific date for the follow-up hearing or else it will need

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to be reposted yep so well once we hear it then i guess time will give us the date yes correct

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