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Hearing audio

ZBA Hearing - March 25, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 25, 20266h 18m

Thank you.

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Thank you.

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You

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okay thank you all right good morning

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okay good morning my name is tenetta graham and i will be chairing this meeting of the

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philadelphia zoning board of adjustments with me today is secretary cheryl gasson

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present mr chairman i'm miss chile board member michael johns present madam chairman thank you

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board member tyah winn president madam chairman and board member ryan mcadams president madam

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chair also present are board attorney hillary emerson zoning board director ian hekarty and

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board administration administrator lakeisha gandy a recording of this hearing will be posted on the

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ZBA website. By participating, you consent to be recorded. This is an in-person meeting with

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remote capabilities. Whether remote or in-person, if you are called to speak, you must state and

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spell your name and then wait to be sworn in. Once you've been sworn in, please state your name

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each time before beginning your testimony. Any person may enter their appearance to become an

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interested party to a case. There are three ways to enter your appearance. You can identify the

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case property address on your zoom webinar registration you can see a staff member or

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you can call the zba appearance line by the close of business day tomorrow call two six seven two

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seven zero five five four eight leave a message that includes your email address and the address

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of the property of the appeal case the following guidance is for our remote attendees first when

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When directed by the chair, you must raise your virtual hand in order to be recognized

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to speak.

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Second, if you are called to testify, you will be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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Fourth, if you are participating by phone, press star 9 to raise your hand and star 6

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to unmute.

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for our in-person attendees please refrain from talking eating or drinking during the hearings

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verbal and physical aggression will not be tolerated restrooms are across from the elevators

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a water fountain is just outside the room to the right when speaking on record you must speak

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directly into the microphone in order to be heard by all attendees and the court reporter

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in the event of an emergency please follow the directions given over the public address system

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or by staff. The main exit is through the double doors at the rear of the room. The nearest still

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world is to the left outside the doors. In case of evacuation, the rally point is at Love Park

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directly across from Arch Street. Please remain there so we can account for you.

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Okay, so we're going to look at our schedule for today.

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I'll do the continuances here. MI2025-001281-9418 Frankfurt Avenue. This case is continued to 85-2026 at 930.

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Let's all do the continuuses here, MI2.

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number five

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seven um number seven mi20250013186247-49 dix avenue this case is continued uh till 8 5 20 26

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at 9 30. Madam chair you can continue number six as well. Yep. Thank you. Okay. Thank you.

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Okay. MI 2025 001309 1014 Fanshawe Street. This case will be continued to 85 2026 at 9 30.

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MI 2025, 006074, 222 Hartel Avenue, this case will be continued till 8-5-2026 at 9-30.

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okay all right so let's go what we have some cases that don't uh that are missing some exhibits so

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um i'm gonna call up

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case number one uh we have a bengali interpreter is the interpreter available

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good morning chair this is jasmine and i will be your co-host for this morning's session

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um if we have the bengali interpreter in the audience please raise your virtual hand

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okay i have a muhammad kareem with their hand raised i'm going to allow them to speak

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okay thank you good morning jasmine

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Mohammed, Kareem, please unmute yourself.

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so they are unmuted i'm not sure if they're having technical difficulties

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okay um can you hear me now there you go okay mr corinne uh you are our bengali interpreter

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Yes. Okay. Could you state your name and spell it for the record, please?

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I am Mohamed M-O-H-A-M-M-A-D, D for David.

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Okay. My ID is N as in November, O as in Oscar, 8, 1, 9.

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Okay. Thank you. Do you swear or affirm that you will interpret accurately, completely, and impartially from English to Bengali and from Bengali to English to the best of your life?

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your ability? Yes, I swear. Okay. So we have a case that we are missing exhibits for. So I'm

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going to call up the case and I'll ask you to call up the applicant. Okay. All right. So case

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number is mi-2024-006063 2137 north 8th street uh the applicant is uh must must

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raman could you please call them for for us mr mustafis raman

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Mr. Mustafiz Rahman, Mr. Mustafiz Rahman, Mr. Mustafiz Rahman, Mr. Mustafiz Rahman.

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Chair, I think no one in the audience with that name.

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Okay, all right, so we're going to dismiss the case.

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We're going to dismiss the case. So interpreter, I'm going to read that we're going to dismiss the case and then you can interpret just in case anybody is here related to the case can hear it.

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So, interpret

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So MI2024006063, 2137 North 8th Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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My vote is to dismiss.

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Ryan McAdams, my vote is to dismiss.

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My vote is to dismiss.

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Interpreter, can you interpret that the case has been dismissed, please?

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okay thank you interpreter

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okay so our next case um no exhibits third listing

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MI-2024-006094, 4626 North Penn Street. Andrew Pierre-Saint is the listed owner.

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I have a hand up and the phone number ending in 3552. I'm going to allow them to speak.

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Okay, thank you.

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good morning is this mr andrews pierre saint

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okay can you speak up so are you really really low

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okay we can't hear you sir can you speak up

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can you hear me okay now okay yes is this for uh 4626 north penn street

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no it's for another address i'll just keep holding on okay um

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still looking for 4626 north penn street uh andrew pierre saint i see no one in the audience with

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that name okay thank you uh m i two zero two four zero zero six zero nine four forty six

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twenty six north penn street i vote to dismiss michael johns my vote is to dismiss

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cheryl gaston my vote is to dismiss gathers my vote is to dismiss i win my vote is to dismiss

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and madame charlie just excuse me want to note for the record that that was the third listing

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for that matter and we have no exhibits okay thank you herelyn okay number four

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i think we did we continued number four

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number six

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six and oh number eight

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thirteen

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All right. Number 13, MI-2025-006294, 1319 West Allegheny Avenue. This is Noah Zibik's first

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listing. Greg Shore is the attorney. James Presley is the listed owner. Anybody from this case?

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I have a hand up by the name of Bria Kennedy. I'm going to allow them to speak. And I also have another hand up after that.

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Okay. All right. Thank you.

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Hi. Good morning, board.

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Okay. Good morning, Ms. Kennedy. Could you state your name and spell it for the record, please?

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Yes. Bria, B-R-I-A, last name Kennedy, K-E-N-N-E-D-Y.

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Okay. And do you swear or affirm to tell the truth, the whole truth and nothing but the truth?

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yes okay yes all right all right so this case is uh we have no exhibits and this is your first

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lending listing um where where do we stand we're asking for continuance to make the changes and

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considerations uh requested by swampoodle rco okay all right and ms kennedy what's your relationship

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to this case the applicant ma'am along with the attorney he had a conflict today okay so i do

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see him on here so normally we require either the attorney or the person who is seeking the variance

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um to request a continuance um we'll take this since this is the first listing we'll take this

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um we'll take this since this is the first listing we'll take this request but just wanted to let you

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request but just wanted to let you know that the

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know that the request does need to be made by the attorney or the appellant the person seeking

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the variance okay thank you

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okay MI 2025 006294 1319 West Allegheny Avenue this case is continued until 85 2026 at 9 30.

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is there any more requests for continuances i see no hands up at this time here okay and we do have

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a case that is withdrawn number nine mi 2025 004384 2528-30 south 69th street this case has been

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withdrawn okay so we have no add-ons today so let's move on to our hearing list um number five

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um do we have a spanish interpreter

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yes i have a hand up by the name of stephen or bean i'm going to promote them to panelists thank you

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good morning my name is stephen bain and my interpreter id is ym288 my last name is spelled

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a wait a minute go ahead my last name is spelled a u b a i n and i'll be the spanish interpreter

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okay thank you um do you swear or affirm that you will interpret accurately completely and

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impartially from english to spanish and from spanish to english to the best of your ability

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yes i do okay all right so we are i'm gonna state the case and you can just uh call up the applicant

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for us so mi 2025 001308 5252 saul street felix pimentel is the current owner

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okay good morning mr pimento can you state your name and spell it for the record

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So, Mr. Pimentel, if you can give your name and let it out for the registration.

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Good morning. My name is Felix Pimentel.

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F-E-L-I-X-P-I-M-E-N-T-E-L.

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so good morning my name is felix pimentel and is spelled f-e-l-i-x and last name spelled p-i-m-e-n-t-e-l

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okay can you ask him do he swear or affirm to tell the truth the whole truth and nothing but the

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truth what do you feel y afirma decir la verdad toda la verdad y nada más que la verdad afirmo

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Yes, I affirm. Okay, so our board secretary Ms. Gadsden will have a question for you.

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Good morning. This application is for the legalization of a 10-foot fence

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at the rear of an existing attached structure.

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Así que, buenos días.

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El pedido de esta solicitud es para legalizar una cerca de 10 pies

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a la parte exterior de una estructura que está atada.

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No change of use from single family household living

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Así que no hay cambio de uso de vivienda unifamiliar.

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Y no hay cambio para el estacionamiento y asesorio en la calle como previamente ha sido aprobado.

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There's one zoning refusal.

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Y hay una negación de zona.

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Property is zoned RSA 5.

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Y la propiedad está en la zona RSA 5.

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Whereas the maximum rear slash side yard fence height is six feet.

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Y donde el límite máximo de la cerca del lateral en el lado de atrás es seis pies.

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And ten feet is proposed.

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Y diez pies está siendo propuesto.

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And could you ask him, please, if he filed his documents or exhibits five days in advance of this hearing?

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Y le estamos preguntando, ¿usted sometió los documentos y evidencia cinco días en adelante de esta reunión?

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Sí, es correcto.

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Yes, that's correct.

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And does he waive the reading of the refusal and stipulate to its accuracy?

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Y usted renuncia a que nosotros leamos la negación y estipula con su certeza?

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Sí.

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Yes.

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You can share your documents and begin your presentation.

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Así que puede compartir sus documentos y comenzar con su presentación.

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Gracias.

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Thank you.

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Okay.

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Yep.

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So, before you, before we start, there is a letter of unanimous support from Fankford

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Neighborhood Advisory Committee.

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así que antes de comenzar hay una carta de apoyo unánimo de el comité de aviso de la vecindad

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frankfurt y también hay una carta de no oposición de miembro de la junta del señor losada

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so we have all your documents so you can just tell us what you're trying to do today

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así que ya tenemos esos documentos y nos puede decir lo que está tratando de hacer

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ok buen día este mi nombre es felipe mentel propietario de la 5252 saúl street este soy

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So, let the interpreter interpret it to English for us.

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Okay.

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So, good morning.

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My name is Felix Bimentel.

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I am the owner of 5252 South Street, and I've been the property owner since 2014.

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In 2017, that's when I first put up the fence.

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de conocida que necesitaba un permiso para eso una vez que pues nos dimos cuenta sometí el

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permiso me fue negado posteriormente lo lo apelamos so um i didn't realize that i needed a permit for

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this so once i found out that i didn't need a permit i asked for permission which was denied

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and then we moved towards an appeal can you tell them to show us photos

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así que se nos puede enseñar las fotos si aquí tengo el título de la propiedad

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um

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aquí tengo fotos de la propiedad de frente y de la parte de atrás de donde está instalado el fence

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so this is the pictures of the front and the back where the fence is installed

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he's gonna move a little bit slower tiene que ir un poco más lento por favor okay okay

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esta es la foto del frente aquí tengo fotos de de atrás abierto y cerrado

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so this is the front and then this is the back open and close

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Okay. And so the fence, you said he installed the fence. When did he install the fence?

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¿Y cuándo fue que usted instaló la cerca?

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Instalé la fence en el 2017.

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En 2017.

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¿Y cuándo fue que usted instaló la cerca?

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¿Y cuándo fue que usted instaló la propiedad?

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En el 2014.

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En el 2014, 2014.

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2014.

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Okay.

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Pregúntate la Junta.

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Ok.

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Un momento.

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Are there any other properties on your block that also have the same fence set up at the rear?

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Hay alguna otra propiedad en la cuadra que también tiene esta misma cerca en la parte posterior?

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correcto si hay varias fence yes that's correct there's a couple of fences like mine

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