civus
Hearing video

ZBA Hearing - March 2, 2022

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

Yes, to all those, we have met with the RCO.

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So I'm not sure if we've received the letter or not yet, but we did get their approval.

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I don't know if we, it says we have no letter from Fairmount, but we may have it.

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We may have it.

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Our executive director would know that.

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Our executive director would know that.

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You may proceed.

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You may proceed.

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Okay.

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Would you like me to share the packet?

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Yes, on the screen.

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Let's see if I can do that.

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um sir do you have your documents open on your desktop if you're using a computer can you see

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my desktop right now yeah okay uh i'm having i'm having an issue because of a security

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a security thing uh i'm trying to share let's see here it is there it is you're up okay um so this

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is our property situated on the corner of brown and corinthian um i'm trying to see if you can

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tell what's existing maybe i should scroll down we can maybe i'll come back to this at the end

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i'll show you some existing photos of property first um essentially uh the refusal was for

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dimensional standards. So open space, we're asking for only 15% open space. And then as well as the

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fence and walls for height and opacity. Here's the appeal.

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project information page tax clearance here are posted signs the photo in the lower right

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gives you a look at the property there is an existing on the first floor structure there

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screened in porch in very poor shape as well as a existing six foot fence which consists of where

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that ivy is grown over as well that fence continues to a iron gate which is the rear

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alley access which that iron gate I believe is you know is very tall for security reasons

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here you can get a better image in the lower right

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And here's just some more views of the property.

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My wife and I, we have a family of five.

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We live on the top two floors.

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We have a roof access, which is barely accessible as it's kind of in a treacherous spiral staircase

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and not safe for kids to be at.

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This is a view of where the proposed deck would come off the rear, which is a screened-in porch.

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This is Certificate of Mailing.

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And having gone through all those, let's see.

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All right, so I'm going to take us all the way back up to the top.

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So you can see the proposed image of the deck.

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I have approval from direct adjacency to the north.

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um and essentially the it'll be the same existing uh fence height on the first floor level

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um it's it's going to be cedar slats but it will have a profile cut in there um like a tulip profile

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um same with on the on the second story level mostly to provide safety for young kids

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um the other added benefit of this is a well-functioning uh entry point for the ground

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level uh tenant uh which will allow us to have uh separate entrances which um becoming less of

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an issue now with the pandemic kind of winding down but um with the sharing the front uh egress

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has you know gets harder and harder with strollers and things like that so um

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my architect i believe jackie gusick is on the line here too if there's anything that you would

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like to have uh her clarify no i i think you're if if the board has questions we'll call the

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architect but at this point i think you're explaining it well okay thank you

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is that whole back where that screened thing is going to be rebuilt

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uh yes um it's going to be rebuilt the uh it'll be removed that first floor which has a slanted

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roof that'll be removed uh new fencing and then the existing back bay on the second second story

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there will remain get redone um and then one of those windows which you can see in the uh the

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floor plan view on the right hand side will become a door which will be the the way to enter out onto

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uh on the right hand side will become a door which will be the the way to enter out onto the

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the second floor.

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second floor deck um okay questions from the board no mr chairman no mr chairman

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what questions from the or comments from the virtual audience

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chair we have teresa holberg please unmute yourself and wait for the chair

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Hi, good morning. Could you state your name and spell for the court reporter?

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It's Teresa Hoberg, T-E-R-E-S-A. Hoberg is H-O-B as in boy, E-R-G as in girl.

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Right. 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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First of all, I apologize to the board that I did not get the RCO letter out to you. I am a board

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member and the zoning co-chair simply got wrapped up in a business matter and lost the handle on

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this but the community meeting was held january 27th 35 people were in attendance 18 voted on

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this matter there was no opposition to the variance for the fence when it came to the addition

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we take a vote on from the near neighbors and then all neighbors only two mere neighbors voted both

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of whom opposed it um overall 14 members supported it two obviously opposed it and two took no

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opposition i will note that subsequent to the meeting one of the near neighbors that voted in

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opposition uh changed her vote um to support the uh matter but also note that while the board did

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not take an official vote on this matter uh five of the seven board members were in attendance at

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the community meeting, three voted in favor, two took a non-opposition position.

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Well, thank you very much, and thank you for calling in.

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Thank you.

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Anyone else in 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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Mr. Chair, if it would be okay, it would be all right to ask a clarifying question of that?

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Absolutely.

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Thank you very much, sir.

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Sir, could you describe the extent of the proposed addition relative to the extent of the existing addition on the back of the main brick structure?

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In other words, is it extending farther than the current structure, and if so, by how much?

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Yes, so it does extend further than the existing one, and I believe it's three or four feet.

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Which, in that plan view, you can see there's some massing for being able to fit a table out there.

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So in order to have usable space on that deck, we're asking for that additional percentage of occupied lot space.

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Okay, thank you.

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Ian, would you want to talk to the architect?

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No, thank you. That's perfectly clear. Thank you, Chair.

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uh members of the board the comprehensive plan recommends no change to the existing

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residential multi-family zoning at this location um these proposed dimensional variances we believe

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will allow for an addition and a fence that are substantially similar to the existing structure

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and fence and so the city planning commission recommends that the board grant the variances

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MI-2021-004-398-800-Corinthian Avenue. I vote yes.

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Carol Tenere, my vote is yes.

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James Snell, my vote is yes.

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Miss Mercer, my vote is yes.

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Mr. Roderick, you've got all yeses. Thank you.

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Thank you for your time.

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Okay. Tanya?

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If we could, Chair, call the applicant back up.

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We received a couple documents.

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Okay.

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MI 2021-004371, King Sesson Avenue.

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Mr. Curdle?

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Yes.

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Okay.

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So I did receive a couple emails, but it wasn't the full packet.

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you sent plan it was a list of items that was supposed to be submitted did you submit um all

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the items in the instructions you received yes i guess you probably sent them in different emails

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but what could you um it was just plans and we don't have a d we don't have um have

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It was just plans and we don't have a deed. We don't have the letter from the RCO, pictures, the whole package.

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of

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So was all those things it? If not, we would have to do a continuance for this.

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So this is my first time doing this. You think I need to hire counsel or something?

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Because I don't want to mess it up next time. It's my first time doing this.

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No, I don't think so.

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If we could talk offline, we can do a short continuance because of not providing all the required documents, a brief continuance.

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And then if you need assistance, you can call our office and someone there will walk you through whatever it is that you need.

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Okay.

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Okay, so we will continue this case.

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Tanya will wind up giving a date.

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Thank you very much, sir.

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No, she said she emailed me offline.

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um yes we'll reach out to you i appreciate it all right mr chair you did you did request

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an inquiry as to whether vivian's water eyes inc was a corporation or that's correct it is the

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corporation no um that's the that's the former that's the former owner i bought the building

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about six seven years ago so i'm just trying to figure out why why it's still in her name

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so we would have to talk online because all that information should be changed

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in a different agency okay and after we proceed to the point where you're going to have your

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hearings you'll submit your documents with your deed and depending on who's on the deed will

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determine are you the only person on that deed i brought the property like seven seven years ago

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from the um from the um the city the uh 3801 i never got nothing in the mail but i mean everything

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is my name in the city when i go down there you know when i change the forms everything's money

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i never got nothing we will be in touch with you and we'll try to figure out everything for you

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okay okay thank you is there anyone in the virtual audience still waiting for their case

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from this morning's listings?

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I see no hands, Chair.

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Okay.

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Two o'clock, everyone.

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I'm sorry, Chair.

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Leonard Brundage has his hand up.

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I'm going to allow him to speak, okay?

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Sure.

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Mr. Brundage, please unmute yourself

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and wait for the chair.

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Sorry, you have to unmute yourself.

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Yes, I did.

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Mr. Brundage, can I help you?

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Yes, I've been waiting since 2020.

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I'm sorry.

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There's a bit of confusion here.

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I know.

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What address are you about?

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What address are you here about, Mr. Brundage?

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what was that 42 30 out of street yeah that's this afternoon yes it's not scheduled for right

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now okay so when we reconvene at 2 p.m you can log on and as it come up under the list

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we'll hear your um testimony okay okay two o'clock okay someone will reach out to you

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for my staff to speak with you okay thank you so much chair okay thanks everyone two o'clock

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good afternoon everyone my name is bill bergman and i will be chairing this

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afternoon zba hearings with me is israel shaheed israel shaheed our board secretary

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here Mr. Chair. Thomas Holliman our board member present Mr. Chairman and James Snell our board

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member present Mr. Chairman. Also our executive director Tanya Sunkett is here and our board

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attorney Sherman Thompson. Good afternoon Mr. Chair. As we take a quick look at our virtual

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format. Be advised proceedings are being recorded. By participating, you acknowledge your agreement

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to be recorded. A video will be available by contacting our Executive Director, Tanya Sunkett

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at tanya.phill.gov. For the benefit of our court stenographer, we ask attorneys and witnesses

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to identify themselves before testifying. If you are participating in my phone and if you wish to

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testify, press star nine to raise your hand and star six to unmute.

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press star nine to raise your hand and star six to unmute to enter an appearance statement call

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two six seven two seven zero five five four eight leave your email and the address of the property

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in question and lastly please note the question answer box on the screen is not for testimony or

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comments any comments should be directed to our executive director tanya sunken let's look at

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continuances for this afternoon session.

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Is there anyone requesting continuance for this afternoon session?

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Chair, we have Sloan folks.

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Yep.

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Yes.

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So you can unmute yourself and wait for the chair.

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Sloan, state your name and spell for the court reporter, please.

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good afternoon chairman bergman and zba board my name is sloan folks s-l-o-a-n-e f-s and fire

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l-k-s office representing the office of council member maria quinones sanchez 7th district uh

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room 508 city all do you swear affirm to tell the truth the whole truth nothing but the truth

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I do, sir.

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What case, Mr. Folks?

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Case number MI-2021-004835, 2320-40 North Hancock Street.

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The council member is requesting continuance to further discuss the issues regarding the

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various requests and to meet with the developer and possibly to have further discussions with

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the community.

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What's your address again, Ms. Will?

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What was the address again?

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2320 through 40 North Hancock Street.

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Number five, Chair.

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I got it.

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Okay, thank you.

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I'm sorry.

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Let's see if the attorney's here.

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Mr. Nockamson?

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We have Clebenta, Chair, and she's allowed to speak.

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Could you state your name as spelled for the court reporter, please?

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