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Hearing video

ZBA Hearing - March 2, 2022

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

presentation who's on the call who should be raising her hand or has raised her hand now thank

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you. Could you state your name and spell for the court reporter? Yes. My name is Alicia Kinchlow,

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A-L-Y-C-I-A, and last name is K-I-N-C-H-L-O-E. Address is 100 South Broad Street,

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Suite 1523, Philadelphia, PA, on behalf of Jermaine Harris for 3230 North 15th Street,

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Philadelphia, PA. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing

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but the truth? I do. Appreciate. Thank you. We are seeking to obtain a used variance from the

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zoning board to construct a four-family dwelling at 3230 North 15th Street. This was originally

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refused by lni and an appeal was filed on september 30th 2021 we are proposing to build a

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three-story building with four two-bedroom one-bathroom apartments on the ground floor

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first floor second floor and the third floor of the building um the building will be three stories

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and each uh apartment will have one bare room in the front and one bare room in the rear of the

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apartment council could council could you share your presentation with the board yes i can putting

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it up please? Yes, one second. Okay. And are you able to see the screen? Okay. Okay, perfect.

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All right. So our exhibit A is the letter from the RCO. There were two meetings with the RCO.

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The second one was because there were some concerns raised. The first one regarding

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trash and egress. So there were some revision made to the plans and then there was the approval

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that was obtained. Over 20 community members were present at each of the two meetings.

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here are the uh floor plans for 3230 and i do have the architect um who's able to walk through

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the plans as well um on the call his name is jason uh jacob wessel if we want to have him

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provide some testimony regarding that but these are the plans why don't you walk us through and

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And if we have any other questions later, we'll call in.

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Okay.

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So kind of as we described, there are going to be four apartments here.

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And there are going to be apartments on each of the four floors.

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There's going to be a one-bedroom and two-bedroom apartment there.

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One in the front of the building, one in the rear of the building.

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There are also means for egress there.

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There will be sprinkler systems as well.

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Uh, part of the concerns regarding the trash was that there'd be a dumpster provided in the back

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of the building, um, as well as it being fenced off. Those, again, those provisions were made,

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um, to the plans. And again, here are the floor plans here.

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Are there any questions regarding the floor plans?

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Not at this point. Okay. All right. And this is the affidavit regarding the posting of the zoning

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notice and pictures of the postings.

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And one of the issues here is that this area is zoned for a single family.

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However, as you can see in the pictures, there are a number of empty lots and the

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However, as you can see in the pictures, there are a number of empty lots in the area, and 13 out of the 15 buildings that are on the block are actually multifamily dwellings.

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So actually building a single-family home here would be out of conformity with the rest of the buildings on the block.

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And this exhibit here shows the licensing regarding the rentals there.

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I'm just going to scroll through these quickly.

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Here is a copy of the deed and the tax compliance.

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And I believe that is it.

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So again, we don't believe that development will impact the public health, safety, and

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welfare of the community. Since, again, the property is on a block full of empty lots already,

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there's ample street parking there. It will not create any unnecessary congestion to the block

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or the community. And again, as I stated before, there will be a dumpster placed in the rear of

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the property, which will be fenced off to alleviate any sanitation concerns. And again, this building

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will place it in conformity with the other buildings that are on the block that are already

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three, four, or five multifamily dwellings. Could you have Mr. Harris adopt your testimony?

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Yes, Mr. Harris, you had an opportunity to hear my testimony. Do you agree

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and adopt my testimony? I do. Thank you. Questions from the board?

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No, Mr. Chairman. No, Mr. Chairman. Questions from the virtual audience?

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chair we have charles richardson

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good morning mr richardson good morning chairman bergman could you state your name and spell for

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the court reporter yes sir charles richardson from the office of councilwoman cindy bass that's

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r-i-c-h-a-r-d-s-o-n room 312 city hall right do you swear or affirm to tell the truth the

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whole truth and nothing but the truth? I do. Proceed, sir. Councilwoman has no objection to

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granting this variance. Thank you for calling in, sir. Any other comments from the virtual audience?

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I see no hands, Chair. Planning Commission? Thank you, Chair Bergman. Ian Hegarty for the

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Philadelphia City Planning Commission. Members of the Board, in the comprehensive plan recommends

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no change to the existing RSA 5 single-family zoning at this location.

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This zoning has been in place since a community-led remapping in 2006, which intended to encourage

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single-family attached infill housing on vacant lots such as this.

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This lot is a clear, flat, rectangular lot.

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With respect to the use variants, the applicant has not presented any evidence of unique physical

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conditions that would need to be addressed by developing a multiple dwelling here and with

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respect to the dimensional variance which is a minimum balcony height from ground the applicant

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hasn't presented any evidence of site conditions such as an unusual slope that would necessitate

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such a variance either and so the city planning commission recommends that the board deny both

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the use and dimensional variances. Thank you. MI 2021 004046 3230 North 15th Street. I

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vote yes with proviso of trash in the rear. Carol Tenere, my vote is yes with proviso.

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James Snell, my vote is yes with proviso. Ishmael Shaheed, my vote is yes with proviso.

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MI 2021-004451, 3757 North 18th Street, RCO 13th Ward, letter of support with proviso.

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Mr. Consul is coming back in as a panelist.

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good morning board mr could you mr counsel please state your name and spell for the court reporter

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it's joseph consul that's o n s o l e consul madison llp one west third street suite 204

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media pennsylvania do you swear or firm to tell the truth the whole truth nothing but the truth

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i do proceed all right did my packet just come up yeah mr consul do you agree to wait

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the reading of the refusal and stipulate to its accuracy? I do. Have you submitted all the

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i do um have you submitted all the required documents i did okay all right good morning

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required documents? I did.

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chair bergman good morning board joe console here for three seven five seven north 18th street

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he said my packets up so here we go we only see your desktop file there we go

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sorry i got two screens okay we got it going uh all right so this is a three five three seven

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five seven north 18th it's 18th between erie and butler uh owner is leonard and joyce young

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um the property is 1399 square feet uh previously zoned a two-family unit uh my uh request here

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is, well, originally the applicant owner was seeking to renovate the property

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to a four unit, and that's what our refusal

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indicates here. However, after meeting with the RCO

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on December 3rd and getting their feedback and provisos,

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we reduced the number of units down to three. We met with them

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again, and as you can see, we have their unanimous support

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letter. My packet, as I said, contains the refusal,

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contains the letters from the RCO, our proof of mailing, then we have photos and plans

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showing the outside of the property. Here's what it looks like. It's in need of repair. My client's

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going to repair it and seeking to renovate it as three units. We think that this is a reasonable

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request for this block. Though the block is now zoned RSA 5, there are 13 multifamilies on our

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side of the block, and I could count 11 on the other side of the block. So substantially more

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than half are currently approved as multifamily properties. On top of that, we have almost 1,400

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square feet, which is large enough to accommodate three units. This property has historically been

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multi-family home we have the support of the rco and um we believe that this development will not

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disrupt the character of the block as this is what the the block is and we believe beautifying

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this property will be a benefit to the community i'm not going to belabor it too much longer

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we've included our our top-down zoning plans in here um as i believe my my team also put in the

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rest of the construction plans, which aren't filed yet, but they're in here. I could call

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my client. Should be under Leonard Young. I'm sorry, could you have your client raise

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their hand? Oh, I'm sorry. Joyce or Leonard Young, could you raise your hand? Mr. Young,

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please unmute yourself and please wait for the chair. Could you state your name and spell for

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the court reporter? Joyce Robinson Young, J-O-Y-C-E-Y-O-U-N-G. Do you swear or affirm to tell

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the truth, the whole truth, and nothing but the truth? Yes. Proceed. Good morning, Ms. Young.

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Did you hear my presentation just now? Yes. Do you agree with what I said and do you adopt it as

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your own? Yes. Is there anything you'd like to add this morning? No. Okay. Questions from the

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board? No, Mr. Chair. No, Mr. Chairman. No, Mr. Chairman. Questions from the virtual audience

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or comments? Here we have Charles Richardson.

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Morning again, Mr. Richardson. Just state your name. You've already been sworn. Charles Richardson

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from the Office of Councilwoman Cindy Bass from 312 City Hall.

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Proceed, Council.

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Councilwoman has no opposition to granting this variance.

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Thank you very much.

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Any other comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission?

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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In 2021, just last year, the zoning map was amended in this area.

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from rsa sorry from rm1 to rsa5 this was done in accord with recommendations from the comprehensive

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plan and with supported community however this structure does have a prior use as a multi-family

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building with two units and as council has pointed out the adjacent properties have been converted

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to two and three units on this block so the city planning commission recommends that the board

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so the city planning commission um recommends that the board grant this variance thank you

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grant experience. Thank you.

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mi 2021 004451 3757 north 18th street i vote yes with proviso three units

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carol tuneri my vote is yes with proviso james snell yes with proviso

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thank you counsel have a good day

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am i

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let me see here 11 12 13. mi 2021 004371

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54-46, King Sesson.

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First listing.

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Vivian's.

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I'm sorry.

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Go ahead.

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No, I was just saying I didn't see any hands for this case, sir.

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Okay, thank you.

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Vivian's Water Rice.

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for me still no hands chair okay this will be continued must be tried

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okay i'm sorry but i do see a a hand up i am uncertain

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david can you unmute him miss yes therefore could you state your name and spell could you

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state your name and spell for the court reporter david sprittle d-a-v-i-d-s-p-r-i-d-d-l-e

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you swear or firm to tell the truth the whole truth and nothing but the truth

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yes is this your case yes are you prepared to go on today

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Well, I submitted everything I was supposed to submit, and I had approval letters in my email from the RCOs saying they approved the project.

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Do we have anything at all, Tanya?

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I'm sorry, sir. Who did you submit your documentation to? What email boxes?

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What are the emails, Deanna?

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The two emails I got.

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The two emails I was the

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ZBA.

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Okay, here we go.

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ZBA.

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R-C-O-Z-B-A

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at ZBA.com

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and then

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ZBA

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S-U-L-E-T-A

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ZBA at Gmail.

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Saletta

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ZBA

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Yes, Chair

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if we could

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I'll go to the last one first

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And staff, could you please look for those

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documents and then we're going to

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send them to the attorney

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Mr. Tompkins so he can review them

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Thank you, Chair

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So, sir, could you just wait for one moment

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turn your camera and everything off

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audio and we're going to just wait and come back to you

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Okay

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Number 16, MI 2021, 004398, 800 Corinthian.

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No RCO letter.

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Mr. Smith, Mr. Bourne, or Rotaract.

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Who the ones?

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Who the ones?

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He's coming back in as a panelist.

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Hi.

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Mr. Roderick, could you state your name and spell for the court reporter?

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Mr. Roderick, could you unmute?

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Hi, yes.

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Can you hear me?

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Yes.

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Could you state your name and spell for the court reporter?

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John Roderick, R-O-D-E-R-I-C-K.

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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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Our vice chair has a few questions for you.

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Okay.

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Yes.

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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, plans of the property, five days in advance of this hearing, along with photos?

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And have you met with the RCO, and do you have a letter?

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