civus
Hearing video

ZBA Hearing - February 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 20, 20242h 3m

involved in the planning and design of the structure proposed

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for 301 Delmar Street? No, I wasn't.

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Do you know of the engineers that were retained

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to prepare plans for 301 Delmar Street?

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um yes vaguely but to be honest with you when this was all happening my husband was

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mainly involved I'm very busy I work as a as a therapist I was working in very long hours in a

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nursing home and my husband was taking care of this and I trusted him did your husband stop taking

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care of this question did your husband stop taking care of the zoning application

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well what i recall is that he was telling me that he was taking care of everything that had to do

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with it but i really regret not getting a lawyer early on to be honest he he aggressively he was

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kind of really telling me not to get a lawyer um very aggressively and i wish i hadn't listened to

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him um and your husband has your husband been present for any of the zoning hearings

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held before the philadelphia zoning board of adjustment in this matter

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um i think he i'm sure he was present initially but we are we're separated

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are you have you ever interacted with jake sheraton who was the engineer in training who

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testified in December of 2023? He was helping with this, but I didn't actually interact with

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him. Did you ever, were you familiar with his role and his role in this zoning application?

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To some degree, but I still, you know, I'm not well-versed in this, to be honest.

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Did you or anyone else you know ever provide Mr. Sheraton, the engineer in training, with a city-approved subdivision plan for 301 Delmar Street?

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I don't know, honestly. Not that I know of. I don't know how to answer your question.

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Have you ever seen a document that's labeled or indicates it's a city-approved subdivision plan for 301 Delmar Street?

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objection to relevance and what does this have to do with anything she's

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your honor relevance the entirety of this in this case is about whether uh

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mr demarco i'm going to allow that question okay if she knows right

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you can answer i but go ahead can you repeat it again please have you ever seen a plan or

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other document that states or indicates it's a city-approved subdivision plan for 301 Delmar

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Street? I really have to look through the files. I'm not sure. How about the design professional

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Anthony Brunidith, who testified to last hearing? Have you ever presented him with a city-approved

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subdivision plan for 301 Delmar Street? No objection, Mr. Chairman. This is not a subdivision

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case. It's a zoning, dimensional zoning variance. I mean, you know. Yeah. So, so I understand what

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you're saying, but I think, you know, she can answer that question if she knows. Fair enough.

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Go ahead, Abba. Sorry, I don't really, I don't really know. I don't think so.

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So did you ever talk with anyone about the legal status of 301 Delmar Street?

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Yes. I mean, I've spoken with my lawyer quite a bit about this.

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And I don't want to ask you what your lawyer told you. Besides your lawyer,

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did you ever speak with anyone else about the legal status of 301 Delmar Street?

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Objection. The question is vague. It's getting into legal conclusions. It's confusing. It's

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irrelevant well so so the only thing i would say is mr toner did uh uh mention that he did not want

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uh mentioned that he did not want to know what she said to you so i i think it's a legitimate

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to know what she said to you so i i i think

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question if you can answer alba go ahead

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i think you know in the beginning when i was speaking with my husband i may have spoken to

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him about this and he's not available to testify today correct no are you familiar with the

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definition of a non-conformity in the city of Philadelphia? Objection. More legal conclusions.

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Irrelevant. I mean, so I believe she can answer the question if she knows. If she knows. Fair enough.

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Go ahead. I don't know. Ms. Epstein, I'm going to read the definition to the record.

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And this is section 14-203, subsection 193, nonconformity, a land use, building, parking area, lot, sign, or site improvement that does not conform with the requirements of this code because it was established before the adoption of zoning in Philadelphia, parentheses, in 1933, or because it was lawfully established before the zoning code amendment was passed.

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Have you ever heard of that definition before?

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same objection um she can answer the question if she knows um i i may have i've i've been reading

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trying to read about it but i can't say for sure

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Ms. Epstein, I want to show you a document.

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Ms. Epstein, can you see the zoom screen?

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i think so yeah i can see it have you seen this document before

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i think so i think i have are you familiar with the injunction action that the city of

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philadelphia filed against you and has uh and the court of common pleas has ruled against you

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as of April 20, 2023?

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Objection to relevance, Your Honor.

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It's prejudicial.

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We have had a long battle

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with the city on this property

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and the violations.

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It's got nothing to do

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with the zoning case at all.

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It's an attempt to prejudice you,

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distract you,

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and embarrass my client.

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Well, I don't think it's distracted me

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or prejudiced me.

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And I think what he said,

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is she aware of the document?

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um i i am aware of the document but the issue is i'm i'm really not well versed in legalese

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i'm i try i'm reading it but it's there's a lot that i that i'm still trying to understand

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miss epstein are you aware the city of philadelphia initially fined you in the amount

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of three hundred and thirty five thousand eight hundred dollars relating to your violations

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against 301 democracy objection that is a false statement it's mischaracterizing the document

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it was a default judgment and again it's completely irrelevant um

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i think hillary um i i i i think that this is a different case it involves violations we need to

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focus on the issue of the variances at hand. I think we're getting too far away from what this

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case is actually about. This is not an appeal against L&I. Mr. Chairman, I can represent to you

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at page 23 of Exhibit 3. There is an order to comply with violations that stated,

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excuse me, 4-7-2020, wherein Ms. Epstein agreed that she had to pursue a ZBA appeal to obtain

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zoning permit, which clearly has not happened, and it's not been secured to date?

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Hold on a minute. Aren't we in front of you? That's exactly why we're here.

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Listen, Mr. Toner, why don't we move on? Okay.

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Ms. Epstein, have you ever seen a document entitled, um, water management plan?

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Can you shower the document, please?

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Peace.

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The Director of Attention Exhibit 3, page 19, in the where, after the wherefore clause,

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Within 90 days of data's order, defendant shall refrain from future work unless a water management plan is submitted and approved by the water department and licenses and inspection.

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Have you secured a water management plan as per this order?

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You know, objection.

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This is a misleading question.

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There's been multiple orders entered in that case.

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One of the reasons why we're here is one of the orders of the court.

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This is an older order, Your Honor, Mr. Chairman.

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This is no longer relevant. We went through a whole series of hearings on this. Mr. Turner's

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clearly not aware of them. These issues are on appeal. Some of them are contested. It's just

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another attempt to distract you and confuse you. I'm not confused and I'm not distracted.

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Mr. Turner, why don't we just move on from this, really?

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I have no further questions. Thank you. Mr. Turner, I understand. Mr. DeMarco,

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do you have any follow-up you want to do? Please, I'll reserve my right for some sort

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of argument. I'm willing to rest for now, but I do want to speak on a lot of issues in this

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matter. Thank you, Mr. Chairman. I'll move my exhibits into evidence. Thank you. I appreciate

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For that purposes only. Thank you.

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Right. Thank you. Mr. Toner, you can start your presentation.

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Yeah. The Rich Park Civic Association calls Mr. Jamie Zick of the Settlement Company.

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I'd like an offer of proof, Mr. Chairman, for this witness.

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Absolutely.

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Mr. Zick is the owner of the Settlement Company, someone with years of experience in examining title

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in understanding the status of title. The issue of whether the meets and bounds legal description

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included within the 2018 deed match the only approved plan, which is from 1880, is relevant

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to whether this is a legal non-conforming lot. Mr. Zick is going to review the documents of record

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with the City of Philadelphia and provide professional opinion as to whether the meets

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and bounds that are included within the sheriff's deed from 2018 have ever, in fact, actually been

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approved by the City of Philadelphia Survey District or the Department of Licenses and

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Inspection. Mr. Chairman, I object to this witness. It's absolutely not dispositive in any way on the

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granting of the variances or the appropriateness of the variances. It sounds like a title issue

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to me, something you clearly do not have jurisdiction over or have any ability to

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rule upon? Is it an issue before you? So, okay. So, Mr. Turner, could you explain why this is

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important for this issue? It's important for the issue of whether a 301 Delmar Street constitutes

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a legal lot as per the zoning code definition of a legal non-conforming lot. According to the

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zoning code definition, which I already read into the record, a person cannot simply go and have a

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private survey performed and then make up their own meets and bounds legal description. Only the

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city of Philadelphia survey district is able to approve a subdivision. And here, the legal

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description included within the sheriff's deed has no reference whatsoever to a legal approved

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subdivision by the city of Philadelphia survey district. So it's directly on point whether

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301 Delmar Street is in fact

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a legal non-conforming lot.

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Okay, why don't we

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do this and why don't we try to move this,

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Mr. Toner?

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Bring your person on.

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Mr. Bergman, we submitted a copy

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of an expert opinion

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from Mr. Zick

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December 15th. What I just

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summarized is included within his letter.

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Sure. My name is Jamie Zick. It's spelled J-A-Y-M-E, last name Z as in zebra, I-C-K.

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

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I do, yes.

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Please proceed, Mr. Toner.

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Thank you, Mr. Bergman. Mr. Zick, first of all, can you please explain your professional occupation?

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Sure. I'm the owner of Settlement Company. We're a title insurance agency,

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so we do search and examination and real estate closings.

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And how long have you been the owner of The Settlement Company?

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The Settlement Company, we've been open for four years, but I've been in the business since

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like the late 90s doing the same job and position just with various other companies.

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Do you review and approve title abstracts as they are submitted for the transfer of property?

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Yes, I do. I handle all the examining of all the title work that we do.

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And Mr. Zick, I'm sharing my screen now. Can you identify this document?

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Yes, this is the letter I drafted based on my review of the property in question 301 Del Mar and the surrounding properties, trying to ascertain the makeup and where the legal description and everything came from.

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And are you familiar with the chain of title for 301 Del Mar Street?

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Yes, I am.

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Can you briefly explain to the Zoning Board the relevant history of the chain and title for 301 Delmar Street?

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Sure.

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Mr. Chairman, objection to relevance.

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I'm going to let him do this right now, and we'll make that consideration after I hear what he says.

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Please proceed.

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Yeah, I mean, with regard to 301 Del Mar, specifically, most recent deed being the sheriff's deed that was recorded in 2018, which was for a portion of the property, which actually began in a larger legal description contained in a deed that was dated in 1870 and recorded in 1872.

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72. Between those times, there was no separate legal description for this particular lot until

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it was sold at that sheriff's sale, as far as we could find. Mr. Zick, who was the owner of

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the property now known as 301 Delmar Street back in 1870? Back in 1870, what we were looking at

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was uh john connor and was there an owner between mr john connor in 1870 and miss uh epstein who

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acquired the property in 2000 chairman just note my continuing objection i understand i understand

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thank you thank you uh that's according to the records that we researched there was no intervening

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owner between john connor and miss epstein and have you seen any reference to a city approved

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survey plan for 301 Delmar Street? No, we have not. It was just the reference in the current

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sheriff's deed to a survey performed by a company, Geron, Surveying and Mapping, LLC.

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Is that survey by Geron what's known as a private survey? That would be correct, yes.

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I have no further questions for this witness. Thank you. Mr. DeMarco,

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you have any questions uh briefly uh mr chairman thank you uh mr zick is it right yes all right

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so you're not a zoning expert i am not no okay um you're not a licensed land planner i am not no

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okay and you've rendered no opinion to your today about the propriety of the variances being

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requested is that is that correct that's correct yes no further questions thank you next next

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witness please mr tenor rich park civic association understands that there are several neighbors who

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want to testify at this point so we'd like to refer to neighbors including mr phil wilson

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good morning sir could you please state your name and spell for the court stenographer

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excuse me mr sure are we moving to public testimony at this time this is not public

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testimony i'm i'm hoping that his it won't be just whether he's fair or against that he

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offers some other issues relative to it mr mr toner these are are these um individuals coming

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on to provide additional facts in the case mr questioning them yes mr wilson's going to

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authenticate pictures that he personally took of the subject property i'll stipulate to i'll

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stipulate to the photos i assume they're accurate i don't need to he doesn't need to authenticate

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photos okay mr toner and he's also he he wants to present his statement today about his personal

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He wants to present his statement today about his personal experience with you.

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experience with you what i think but

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But I think, but Mr. Toner, we can do that when I open up to the public.

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Okay.

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Okay. Do you have any other witnesses?

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No other witnesses.

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Okay. Questions or, well, questions or comments from the board?

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No, Mr. Chairman.

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Ish?

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yeah my button is working y'all hear me now yeah yeah yeah good do you have any questions

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no i'm good hillary any additional questions not at this time mr questions or comments from

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the virtual audience. Yes, Chair, we have two, we have four hands up. Erin Witzel has been allowed

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to speak first. Sure. Hello, can you hear me? Yeah, good morning. Could you please state your

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name and spell for the court stenographer? Yes, my name is Erin Witzel. That's E-R-I-N.

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Last name is W-I-T-C-E-L. You swear we're firm to tell the truth, the whole truth, nothing but

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the truth? Yes, sir. Are you a neighbor? Yes, I live at 383 Del Mar Street. You don't have to tell me

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