civus
Hearing video

ZBA Hearing - November 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 13, 20247h 40m

Thank you.

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okay chair we have 33 attendees and we can start as you wish thank you good morning everyone my

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name is bill bergman and i will be chairing this morning's meeting before we begin let me read this

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statement for you before hearings any documents or other information that parties wish to submit

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to the ZBA for hearings must be submitted through the ZBA's new online upload tool, ZBA Case

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Document Submission. Information on how to access and use the submission tool will be included

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with the hearing notices and zoning posters. Please note that the applicant documents are due

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five calendar days prior to the hearing. Documents submitted by any other party should be submitted

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at least 48 hours prior to the hearing to allow sufficient time for processing.

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In addition, the filing information should continue to be submitted through email only

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and not through the upload system.

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Requests for continuances, withdrawals, reconsiderations, and amended refusals,

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as well as requests for attorneys to enter or withdraw appearances.

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If you have any questions about the ZBA case document submission tool,

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please contact RCOZBA at phil.gov. Thank you. With me today is Ismail Shahid, our Vice Chair.

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President Chairman. Cheryl L. Gaston. Present Mr. Chairman. Our Board Member Kaneda Graham.

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Chairman. Our Board Member Michael Johns. Present Mr. Chairman.

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And our board member, Taya Nguyen.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and Ian Haggerty, our executive director.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting zbaexecutivedirector at phillip.gov.

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For a court stenography, ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address for the property in question.

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answer box on the screen is not for test note. All issues should be directed to our executive

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director. That's ZBA executive director at Philadelphia. Let's look at our schedule for

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today. Number two, MI 2024, 000763, 2601 North 31st Street. Joseph Bernardino is the listed

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applicant. This is the third listing. I understand there has not yet been a zoning board RCO meeting.

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Strawberry Mansion Community Concern is also involved. Is anybody involved in this case online?

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Yes. Good morning, Mr. Chair. This is Jason Hand. I will be your co-host for today.

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I have a hand up from Strawberry Mansion Community Concerns.

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I have allowed them to speak.

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Good morning.

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Good morning.

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Can you hear me?

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I can.

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Could you please state your name and spell for the court stenographer?

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Good morning, Mr. Chairman.

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My name is Bonita Cummings, B-O-N-I-T-A, B-U-M-M-I-N-G-S,

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Strawberry Mansion Community Concerns.

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

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I do.

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Could you give us an update from the RCO's perspective on this case?

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This case, with the adequate time, was sent to the attorney for a meeting that was held, which they did not attend.

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And I did send all of that information back to the attorney, to board counsel, to say that we, as the RCO, held our responsibility of scheduling.

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To say that we, as the RCO, held our responsibility of scheduling that meeting, and there was no attendance from the applicant.

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Is Mr. Bernardino online?

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Mr. Chair, I do not see him in the virtual audience this morning.

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And Mr. Trey, I also don't see the owner, Arthur Casambos. Yeah, I do not see him in the audience either.

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So we're going to continue this one more time. So MI 2024-000-763-2601 North 31st Street. Cases continue. The case will be heard. Thank you. Thank you, Ms. Cummingson.

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Number three, MI 2024-000820-1212 South 51st Street. That case is continued.

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Number 13, MI 2024-004-292-122 South Peach Street.

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We do not have listings, and the council person has requested it continues in this case.

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Is Darvish Jones or Kenneth Johnson available?

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I did not see any hands raised for that matter, Mr. Chair.

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So MI 2024-004-292-122 South Peach Street.

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Case is continued.

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Mark must be heard.

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And number eight, oh, pardon me, is there any other requests for continuances?

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Yes, Mr. Chair, I have a hand up from Joseph Vaccaro. I have allowed him to speak.

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Good morning, Mr. Vaccaro.

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Good morning. How are you today?

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I'm good. Could you please state your name and spell for the court stenographer?

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Certainly. My name is Joseph Vaccaro, V-A-C-C-A-R-O, attorney for the applicant.

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Mario Rodriguez.

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

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Yes, I do.

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What's the address of your case?

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5300 Haverford Avenue.

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I have Daryl Williams as the listed owner.

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Right.

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He's the owner.

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This is an application for a grocery store.

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So this is the first listing.

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We still don't have the exhibit, sir.

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Yes.

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Yes. We also have a letter of opposition. So we'd like to work with the RCO to try to turn that

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letter of opposition into a letter of opposition. Thank you. So MI 2024-004-244-5300-202 Haverford

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Avenue. Cases continued. Mark must be heard. Thank you. All right. Number 10, MI 2024-004-284-5523

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Bayton Street. David

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Upton is the attorney. This is

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the first listing and we do not have exhibits.

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Sure. I have a hand up from

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a number ending in 3552.

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Do I want them to speak?

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Please. I'll have them to speak

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right now.

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Could you please state your name and spell

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for the sonographer?

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Hello? Yes.

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I'm sorry, I'm actually asking about another address

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Alright, so let me handle this one and I'll get back to you, okay?

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Alright, is David Uftah

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in the audience?

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Okay

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Alright, so MI2024-004-284-5523

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Bayton Street, this is the first listing, we don't have documents

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Case should continue, but Mark must be heard

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Number 14, MI 2024-004-294-1822 North Van Pelt Street.

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Tiffany Massey is the listed owner.

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Schaefer Investments is the listed applicant.

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Schaefer Investments is the listed owner.

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No exhibits, first listing.

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Mr. Chair, I have a hand up from Naseba Ibra Gamova

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Do I allow him to speak?

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Sure

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Understood

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Good morning

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Good morning

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Hi, could you please, are you involved in this case at 1822 North Van Pelt?

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18, no, I'm at 403 Renard Street.

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18, no, I'm at 403 Renard Street

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All right, so we'll have to get back to you later, okay?

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All right.

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So, well.

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We're working on this right now, okay?

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So 1822 North Van Pelt, Tiffany Massey or Schaefer Investments?

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I do not see any hands for that, Madam Mr. Chair.

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All right, so MI 2024-004-294-1822 North Van Pelt Street.

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Case is continued. Mark must be heard. And then number nine, MI 2024-004-253-9995 East

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Roosevelt Boulevard. That case has been withdrawn. We're going to go to our list and we're going to

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start with number four.

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Number four.

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MI 2024.

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Excuse me, Chair. Before we go into that,

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can you see if there's any other requests for

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continuance? I think two other people would like

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to speak. Oh, sure. Sure.

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Any other requests for continuances?

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Yes, I have a hand up from the

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number ending. Well, it was up,

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but it went back down.

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Okay, now it's back up. It's ending from

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3552. They've been about to speak.

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Sure.

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Thank you.

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Whoever.

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Could you please state your name and spell for the court stenographer?

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Yes.

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Oh, Adrian, right?

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Adrian Fernandez.

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Yes.

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Bonfaital Neighborhood Parts Association, RCO.

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My last name is F-E-R.

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I'm sorry.

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F-E-R-N-A-N-D-E-Z.

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You swear, Fern, to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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What case, Adrian?

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um i just have one question for clarification about 2601 north 31st street and i'm just

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asking if you can clarify will that be a continued must be heard i said that yeah in fact what i said

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was that case will be heard the next time okay i wasn't sure just to make sure that um yeah have

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a must be heard on the record all right thank you oh it is it is thank you very much we have another

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hand up. Jason, anyone else? No, sir. No further hands at this time. Okay. All right. We're

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going to go to number four. Number four, MI 2024-002-427-403 Renard Street. Naseba

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Igramava and

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Zakir Mamavadova are the

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listed owners. This is a pro se.

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There's unanimous

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opposition from

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Somerton Civic Association,

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29 members, and a letter of

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opposition from Council Member O'Neill.

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I'll be coming

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back in as a panelist for me, sir.

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Thank you. Sure.

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Hello?

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Hi. Could you please state your name?

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Could you please state your name

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is spelled for the sonographer uh nasiba it's uh first name n-a-s-i-b-a last name i-b-r-a-g-i-m-o-v-a

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where affirm to tell the truth the whole truth nothing but the truth

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yes could you please uh turn on your video video yes there we go uh allow

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is it on okay there are you let me ask you this are you the owner uh yes and that's him good

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morning good morning okay so who so you and him own the property yes all right so this application

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is for the removal hold on one minute uh you're going to do the testimony right yeah it's just

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doesn't really know much english that's why yeah but what i'm what i'm saying you only the owners

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of the property can testify yes so but you don't own the property we're both on the we're both on

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the there did who who testified at the rco who went to the rco meeting me and him were there

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okay all right good all right this application is for for the removal of an existing interior

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parking space resulting in no accessory off street parking for an existing single family

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detached structure one accessory off-street parking space is required per dwelling unit

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in the rco2 zoning district our vice chair has a few questions for you okay okay

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hello yes

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hello yes ishmael oh okay

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have you sent in all your documents prior in with it prior to five days everything yeah right

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yep everything's in if you guys want i think if i'm able to share i could share why don't you

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start sharing your documents for us uh let me see i don't know how to use this so let me see if i'm

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able to figure out share am i gonna be

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says your bandwidth how am i supposed to share like

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i don't know i'm trying to figure out how you have a computer do you have a computer

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uh no i'm just on my phone am i like i have it on my phone

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the host asked you to start it personal

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uh yes what was that he was asking for me um so when you hit the share but do you see a share

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button on your phone uh yes there's a share button okay and when you hit the share button

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does it ask you what you want to share or what happens uh it's saying uh share screen photos

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iCloud or website URL you should probably share your screen unless you have it stored in the

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