civus
Hearing video

ZBA Hearing - January 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 15, 20258h 11m

as just this garage right here

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yes the basement

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has two doors garage it's still empty

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everything is clear at the bottom

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of the basement everything is

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And it's a two-door.

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I just wanted to legalize the regular duplex two plus two.

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It's nothing going to be done on the basement.

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It's nothing going to be there because I'm even having a problem with the zoning

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because when I purchase the house, I repeat again,

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I'm not doing nothing with the basement.

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It's going to be two-door garage for each apartment for each first floor,

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second floor, and that's basically the basement is going to stay empty

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because there's nothing else I can do there.

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So it's nothing on the basement and nothing's going to be done on the basement either.

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Well, Mr. Torres, I mean, how did we get the plans that you submitted?

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Whose idea was that?

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Because at the beginning, I thought it was going to be legalized as a duplex.

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And I was like, okay, let me try to get an engineer and do a plan to see if I get approved for the basement to also have another unit.

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but since I couldn't do anything

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because it wasn't one single family

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then I can't do nothing else so I just

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stopped everything

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Other questions from the board please

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Questions or comments from people

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in the audience

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and questions or comments from the

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virtual audience

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Yes Chair we have Alex Udovic

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with their hand raised and they have them

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promoted to panelists

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Good morning, Ms. Udovich. Please state your name and spell for the court stenographer.

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Alice?

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Is Alice's head still up?

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chair alice is a part of the can you hear me chairman alice could you please state your name

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and spell for this photographer sure good afternoon count uh chairman uh alice udovich

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on behalf of councilman brian o'neill last name is u-d-o-v-i-c-h you swear or affirm to tell the

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truth the whole truth and nothing but the truth i do please proceed uh chairman i did uh look

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up the lni archives and clearly this property as well as the neighboring property were built

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in the 1950s as duplexes there was never a conversion but we are concerned about that

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third unit on the garage level because the neighbors are reporting that that work was

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already done and that someone is living in that third unit basically treating this as a as a triplex

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thank you so the councilman has no objection to it being a duplex

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but only a duplex thank you um anyone else in the virtual audience

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yes chair we have richard s with their hand raised they have been promoted to panelist

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hi could you please state your name and spell for the stenographer

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hello hi could you please state your name and spell for the stenographer

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hi my name is richard shea r-i-c-h r-i-c-h-a-r-d-s-h-e-i

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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 could you turn your video on possible

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I believe my video is on.

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Oh, I see.

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Okay.

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Please proceed with your testimony.

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I'm here to protest this.

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Just to reiterate what Alice said, we don't know that it's not more than two units.

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And at the RCO meeting, we weren't presented with these photos.

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We were presented with old photos.

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And I'm also questioning the names on that petition.

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Okay.

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Thank you very much, and we appreciate your time.

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Is there anyone else in the virtual audience?

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Yes, Chair, we have

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Yes, Chair, we have

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the master of our

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with their hand raised and they have been promoted

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to panelists. Could you please state your name and spell for the stenographer?

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

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can we see the hand here they are part of the panelists okay could you please yes name and

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spell i was the stenographer hello yeah please state your name and speak for the stenographer

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okay my name is damaso last name rodriguez it's spelled d-a-m-a-s-o

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so i'm the contractor and the advocate wait a minute sir sir you swear or affirm to tell the

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truth nothing but the truth yes sir please proceed okay um i was in the meeting for the

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community and i also on the applicant and the contractor on the project so to clarify

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that the client didn't have no knowledge about the process on philadelphia so he hired us

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to provide that information.

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That's when he found out that the property

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was a single-family home.

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And the property is only occupied for a duplex

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after he had purchased the property.

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And the basement is no apartment on the basement.

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He went and had that as a storage for himself,

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but it's not an apartment.

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I can confirm that myself.

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All right, thank you for taking the time to call us.

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Is there anyone else in the virtual audience?

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Planning Commission the comprehensive plan recommends no change in zoning from the existing

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residential single-family RSA 3 the proposed use is consistent with documented prior use

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and appears to have been constructed as a two-family dwelling the planning commission

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recommends the board grant the requested variance for two-family household living

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with the required two parking spaces to remain thank you

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mi 2024 002 165 1328 fawn street i vote yes proviso

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two family living only parking places parking garages to remain can i request an additional

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proviso can i request revised plan stamps okay no we cannot because it's a change of use application

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Can we require a certificate of occupancy?

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We can require that, yes.

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Thank you.

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So we'll go back.

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Duplex, I vote yes to this.

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Duplex, two units only.

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Parking garages to remain.

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Certificate of occupancy to be obtained.

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So Johns, my vote is yes with provisos.

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Cheryl Gaston, my vote is yes with provisos.

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Tanetta Graham, my vote is yes with provisos.

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Tywin, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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Thank you, counsel.

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Thank you, may be excused.

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Yes, number 16, MI 2024-005-351-4242 Cotman Avenue.

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Joseph Consul is the attorney.

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Unanimous opposition from the Taconi Civic Association.

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Letter of opposition from Council Member Driscoll.

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letter of opposition to state representative

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Patrick Gallagher and letter of opposition

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from the state senator Joe

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Pacozzi

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Mr. Consul

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good morning Mr. Consul did I swear you in

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earlier when you came on? I don't

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think you did I think I just

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state your name just for the record Mr. Consul

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yeah it's Joseph Consul

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it's J-O-I-C-P-H last name Consul

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C-O-N-S-O-L-E

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you swear or firm to tell the truth the whole truth

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and nothing but the truth

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I do.

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Would you identify your client in a relationship to the property?

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Yeah.

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My client is Bing Jing and Ping Jing, and they should be on here, I believe, under a Zoom for DaFung Chen.

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And we should have an interpreter, Mr. Wang, hopefully still on the line.

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No, we don't.

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Hold it.

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Mr. Consul, if you if your clients needed an interpreter, you need to make the request

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to the zoning board so we can provide one with the name of the interpreter and they've

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been participating in the Q&A.

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That was an error.

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We didn't realize they were not an interpreter that had been requested by the CBA.

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I got an email from you saying that there was one that was assigned to us.

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I got an email from you saying that there was one that was assigned to us.

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There was, I got an email with two.

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It said, it mentioned the one that was here earlier, the Mandarin interpreter, and it

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mentioned my interpreter as well.

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Did you put in a request for an interpreter with the ZBA?

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Yes.

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Here, I got the email from fatigua.l at phila.gov.

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yes an interpreter by the name of kate wang is assigned for bing jang at 4242 cotman avenue

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okay all right thank you i did not realize there was two interpreters thank you

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i'm not certain if please come on

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chair we have boone wang with their hand raised not mike wang

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would you like them to speak let's let's see who they are

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you have been allowed to speak hi is this the interpreter yeah this is um kate's yeah i'll be

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your interpreter today yes okay um could you state your name please and spell for the stenographer

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hello

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dare they are coming in as a panelist thank you very much

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yeah um my name is yeah bun wang w-a-n-g is my last name okay um do you solemnly swear

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or affirm that you will interpret accurately completely and impartially from english to

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is this mandarin yes english to mandarin and from mandarin to english to the best of your ability

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Yes.

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Okay, would you please call your client?

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Our client, please come on forward.

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Bing Jin, BJ, Jen, 你在吗?

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你好,你是讲国语吗?

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你在这里吗?你在场,你要出现哦?

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okay i don't hear anyone responding mr council is your client do you believe your clients in the

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audience they've been texting me saying that they're that they're here um it's difficult

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because we have to use google translate to go back and forth with it um but could you try

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One more time, please.

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I heard a noise.

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对,你听得见吗?你在现场吗?

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你好,你在吗?

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Has been promoted to panelists.

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Please accept the promotion to panelists.

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请你接受,按可以那里哈。

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Interpreter, could you have them state their name and spell it for the stenographer?

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你可以把你的名字讲出来,然后把你的姓拼出来吗?

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Okay, I don't hear anyone responding.

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Excuse me.

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请你可以把你的名字讲,然后把你的姓拼出来吗?

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Okay,我的名字叫兵,我的姓叫J-I-A-N-J

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你在这里宣誓所知的所有东西都是真实物所知的全部

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Okay, everything will be true.

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No.

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Yeah.

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Thank you.

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Mr. Consul, start your case, please.

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Good afternoon, Board.

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Joseph Consul here for the applicants.

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The property in question is 4242 Cotman Avenue.

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I'll preface this by saying we have immense opposition.

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we believe, spearheaded by one neighbor who is not ever going to like my clients owning this

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property. I don't know how to get around that. I'm going to present my case, which to me seems

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like a fairly straightforward case. And then there's going to be immense opposition, which

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I don't believe is warranted based on the facts of this case. 4242 Cotman Avenue.

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Sorry, excuse me, Mr. Consul. Mr. Chair, Sean Ward did just enter his appearance in four.

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um mr chair um sean ward did just enter his appearance in for neighbors for um i believe

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for council member uh driscoll and as well as a neighbor so we should bring him on as a

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panelist as well and swear him in thank you mr ward thank you

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and mr consul does your client wish to have your presentation interpreted as you go

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