civus
Hearing video

ZBA Hearing - March 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 2, 20225h 41m

to the left of the property on Pacific.

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And then it's not uncommon to have RSA 5 properties

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in close proximity with multifamily use.

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Here's a 53-unit apartment building at 2101 West Venango,

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2104 West Venango, 106-unit apartment building.

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And then just our plans and drawings.

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Just very simple here, as you can see, no basement use.

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None of the residents have separate access to the basement.

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Here is our unit number one, which is on the first floor, which is two bedrooms, one bath.

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Unit number two is on the second floor, two bedrooms, actually three bedrooms and one bath.

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And then unit number three is just two bedrooms, one bath.

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We met with the community on February 22nd at 6 p.m. There are 84 addresses within the

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affected area. These are our addresses that we mailed it to.

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These are our addresses that we mailed it to. This is our proof of mailing that we mailed it

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this is her

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to those addresses. And then here's our deed to the property, showing that Ms. Williams owns the

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property. Our application to appeal with the ZBA, along with our notice of refusal and our project

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information form and their certificate of tax clearance. She's in good standing with

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the state of Philadelphia 2022 taxes are not due yet. With that being said, I would ask

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that Ms. Williams virtually raise her hand so she can adopt my testimony.

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Please allow Ms. Williams to speak.

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Ms. Williams, please unmute yourself

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and please wait for the chair

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Okay

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Is, can you hear me?

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Yes

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I'm back, sorry for any inconvenience

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Could you state your name and spell

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for the court reporter, please

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My name is Diane

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Williams

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D-I-A-N-E

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Williams

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W-I-L-L-I-A-M-S

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

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I do.

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Proceed.

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Mrs. Williams, you heard everything I stated today.

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Yes, I did.

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And is it true and correct?

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It's yes.

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And do you adopt it as your own testimony?

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I adopt it as my own testimony.

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Thank you.

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Questions from the board?

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Questions from the board?

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no mr chairman no mr chairman mr chairman do we do we have a letter of support from

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the actual council member see we have one from the 13th democratic ward

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mr knockamson we have not received any indication from the council member of their position

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but i would indicate that the 13th democratic ward unanimously supported this endeavor both

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from a board perspective and the community and that has supported it as well.

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Mr. Chair there was some testimony regarding the proviso. There are a couple items there

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that perhaps the chair and the board could explore. The structure that is requested for

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the storage of trash is that structure on the subject site or is it not?

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Mr. Toppin, it is actually on the site. Those were the three garage structures or what they

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used to be garage structures, and they are on site. And, you know, we would

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agree to provide so that that the garbage would be stored on site on those in those structures.

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Oh, thank you, Mr. Moxon. Thank you.

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Would you want to leave the vote on this, please? Because I missed part of it.

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sure thing uh any any more questions um from our listeners

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chair we have charles richardson

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i'm going to apologize ahead of time because we have rota rooter here doing some work in our office

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uh mr richardson can you please state your name for the record and spelling charles richardson

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from the office of Councilwoman Cindy Bass,

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room 312 City Hall.

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I've already been sworn.

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So the councilwoman has no opposition

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to granting the variance.

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Okay, thank you.

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Planning Commission?

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Good afternoon, Chair Peter Bernard

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for the Planning Commission.

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The comprehensive plan recommends a change to RTA

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one residential two-family attached at this location. The proposed zoning would allow two

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units as of right. We feel the applicant has failed to demonstrate a hardship that would

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necessitate an additional unit. Accordingly, the Planning Commission recommends the Board

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approve the variance, but with a proviso reducing the unit count.

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I vote yes with the provisos that have been listed on the Planning Commission.

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Thomas Holliman, yes with provisos.

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James Snell, yes with provisos.

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I'm sorry. Ishmael, may I please request that Mr. Sherman-Tapkins can recite those specific provisos for...

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recite those specific provisos for the record, please?

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Sure, Tanya.

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Yes, Tanya.

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Thank you.

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I believe the proviso, the only enforceable proviso would be the one indicated by the

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Planning Commission, and that is a proviso relating to the units being three units.

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or we can also we can also include the planning commission did not mention that the

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there was a proviso required for trash to be stored in the in in on the premises it the

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proviso written in the rco letter indicates adjacent structure but i've clarified that

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the structure is the same structure so the um the board can also add as a proviso if it desires

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to include trash to be stored on the premises in the on the in the structures that were

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testified to yeah um this is alan occamson again i just want to make sure that we i understand what

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the provisos are because we will have to go down to l and i um is the proviso with respect to what

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the coordinating rco stated or what the planning commission is recommending because that was

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unclear because it's it sounded like what the planning commission was recommending so if i could

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add um just intervene just for a second um would it be appropriate mr knockamson for the proviso

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to state trash stored and rare structure uh yes i just want to make sure because i i thought i

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thought maybe and it's been a long day i thought that um mr shaheed stated the proviso was in

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in conformance with the recommendations of the planning commission not the coordinating rco i

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just want to make sure that we understand that is the coordinating rco maybe i misheard

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ishmael would you want to clarify that we're not asking for the number to go down we're just asking

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for the rco's request for storing the trash in the rear it's your call sir yeah so we're not

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asking for the number of units to go down or the room sizes we're actually asking for the proviso

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So for the trash to be set in the rear of the property.

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Very well.

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Thank you all so very much for your kindness.

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Hi, Mr. Chairman.

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It's Carol Tenere.

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I'm back, but I don't know where we are.

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All right.

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We're going to have the rest of people vote, right, Isha?

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Yeah.

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So we have three votes on count right now, so we can actually move on with this if I'm not mistaken.

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Perfect.

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All right.

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I'll pass it back over to you, Mr. Chair.

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Thank you.

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Sorry, Mr. Noctison, for the delay.

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That's no worries, Mr. Chair.

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I'm on your time.

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Thank you.

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Madam Vice Chair, we are at number eight.

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MI 2020.

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MI 2020.

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000631.

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4230 Otter Street.

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belmont alliance civic association letter of support rco west belmont letter of support

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rco people's emergency center letter of support and councilwoman gate to gautier supports leonard

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and ida brundich mr brundich

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Mr. Brundage

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Jerry he's coming back in as a

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panelist

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Okay

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Mr. Brundage, could you state your name

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and spell for the court reporter?

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He has to unmute himself.

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I know.

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You have to unmute yourself, Mr. Brundage.

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He's actually not in yet.

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I think we're having Zoom issues.

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Can I ask IT Pauline,

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could you assist with promoting

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Thank you, Kylie.

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Sure.

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Ms. Suckney, can you please repeat the name that I'm promoting?

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Brundage, B-R-U-N-D-A-G-E.

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And he's there.

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We just all cannot promote him for some reason.

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Thank you. Mr. Brundage, you can unmute yourself and wait to be sworn in.

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Thank you, Mr. Brundage, you can

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Wow. There he is. Hi, Mr. Brundage, state your name and spell for the court reporter.

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Leonard Brundage. L-E-O-N-A-R-D-B-R-U-N-D-A-G-E.

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And I believe I swore you in this morning when you called in a few times.

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Yes, you did.

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Okay.

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Hold on for our vice chair.

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She has a few questions for you.

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Okay.

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Hi, Mr. Brundage.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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oh yes didn't you get a copy of that

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that's cute i'm asking you if you did you you did all that right yes okay thank you so much you may

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proceed oh hi mr brothers do you have your presentation on the computer

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um my presentation yes the documents that's open oh oh yes could you please

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could you share your documents with us on the computer please all right can you see it oh okay

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no just go down to the bottom of your uh screen where it says share screen it should be like a

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green button? Watch it, watch it. Here. Oh, right here. That's not here. That's not here, neither.

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Oh boy. Well, he did a button right here.

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Wrong one. I'm sorry, I'm having a problem. It could be a green button, Mr. Brundage Green.

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When you hover near the bottom of your screen, do you see a green button that says share screen?

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I don't see no green button. Oh, right here. But that's a Spotify, different button.

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What are you, are you using a PC laptop or?

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PC.

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So when you drag your mouse down towards the bottom,

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you don't have a little screen that pops up that says participants and polls.

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So in the efforts of time, Chair, this is Sonia, I apologize, but would it be possible if the ZBA staff could find the exhibits, send them to you all personally, and then we can look at the exhibits on your screen and allow him to speak to it?

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Because I don't think we're going to be able to do it any other way.

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Well, I have on my right side.

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I got the green buttons, but there are Zoom meetings, the senior law.

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So why don't we go offline? Somebody talk to him offline.

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We can also say. What about the recommendation?

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For him to be able to speak to it and I can try to find. That's fine. Can we get that done?

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ZBA staff, could you send me this exhibit package, please, and share it if you wish you can move on, and we'll try to handle that.

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That's right. Perfect. Thank you. Perfect.

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Thank you.

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MI 2021-004966, 4460 North 19th Street, RCO 13th Ward, Letter of Support. Mr. Nocklinson.

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Mr. Chair, what number are we on?

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I'm on number nine.

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Because we're going backwards. Okay.

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Well, no, we're on eight now. Otter Street's number eight.

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Oh, eight.

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Yeah, right. Otter Street's eight. Nine is Mr. Nockamson.

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Mr. Nockamson, just state your name for the record. You've already been sworn.

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Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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And our vice chair has a few questions.

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Hi, Mr. Nockamson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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That's almost like a perpetual.

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Have you emailed the exhibit packet with the required documents?

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