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Hearing video

ZBA Hearing - October 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20205h 0m

tax balance of the applicant and there is um no balance currently okay so that's good

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And if you wish, I can share the screen for all involved so that we can confer that there is no tax balance for 1347 South Hex.

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Got it. Thank you.

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All righty. Thank you.

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Thank you.

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Okay.

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That matter is taken care of.

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Mr. Swick, what is your involvement in this?

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i'm actually at the time at this time i'm representing the buyer

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who would be if assuming that the board is okay

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with the uh change of lot lines that i'm representing the buyer um

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i'd like to see if it's possible if miss fuller do you happen to have

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any exhibits that you can share with us yeah i can

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share my screen and this is what we emailed earlier

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if that's okay yeah yeah okay yeah it'll I think it'll really help and it'd be

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very easy for everybody to understand

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so he's had to go out and come back

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so he had to go out and come back as a panelist and that we were him I think we

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did earlier but I'll just make sure well I'll squirm it

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Mr. Swick are you back

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crazy day

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I'm here I'm sorry I didn't realize I got muted everybody

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are you guys able to see my screen yeah I don't know if I swore you in earlier

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so please give us your full name for the record okay I apologize everybody

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It's Mark Zwick, M-A-R-K-Z-W-I-C-K.

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Z as in zebra, W-I-C-K.

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I live in 749 South 20th Street, Philadelphia, PA, 19146.

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You're swearing a firm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do, sir.

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Okay, so very quickly, if we go to Atlas right quick, the issue is this.

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And let me just pull my Atlas.

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I'm trying to find it here.

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Okay, if you look in Atlas, which you guys hopefully can all see here, this is Ms. Hicks.

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This is Ms. Hicks.

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I mean, Ms. Hicks.

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This is Beretta's property, Ms. Fuller.

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This is 1513 Reed right here, and it's actually landlocked.

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So I'm going to show you photos, but right now you cannot get to 1513 Reed unless you

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cross over the backyard of 1347 Hicks, okay?

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okay so when you go to the panel to the letter first off there's her deed this is the deed for

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1513 which you can see in 2005 phdc gave her that lot for um a thousand dollars

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and if we go down to the refusal refusal zero backyard and 1347 will have zero backyard

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and it'll have a minimum, you know, the square footage of 550 square feet. Here's the application

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that we submitted for the appeal, Point Breeze approval letter, which you all have. And then

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what I want to show you is this is the current lot situation right here. This is Ms. Hicks. This

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is on 1347 Hicks and White. This is the lot right here, which is her backyard and 1513 Reed is his

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alleyway. Well, not alleyway. It's this lot that you can't get into. If we scroll down one more

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page, you can see it from the side looking down towards 16th Street. And then if we go down one

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more page, that's towards the other street. But if you go down the aerial photo, this is the aerial

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photo. And this is Hicks Street right here. This is 1347 Hicks. This is her backyard, which is

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concrete and then you have 1513 reeds starting right about here so you can't get you can't

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access 1513 reed without you know from the street so i showed you the atlas this is the plot line

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from 1990 if you go down the lower corner you'll see 12 20 12 20 1990 from the redevelopment

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authority. So at some point, this lot went from going out to the street to them cutting off the

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first about 15 feet and then taking it away from Hicks Street. I mean, adding it to Hicks and

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taking it away from Reed, we're asking you to bring the lot line back to the 1513 Reed Street

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1990 edition. And we've done it. We have our survey, which I can get a bigger copy of,

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but we submitted the survey to go along with this.

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We've done all of our neighborhood meeting, the mailings, the printing, the postal, et cetera.

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So that's all we wanted to share with you is we're just asking permission to go back to this lot line

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versus the lot line, which is currently right here, as you can see.

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And that's all we have to present.

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I have questions from the Board. Chair, can I, this is Tanya, can I just ask the question,

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do we have, or would the applicant have the refusal? Yes, the refusal is page. If you go

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onto the packet I sent, the refusal is on page. Sharon actually has it, she sent it to us, Tanya.

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Yeah, it's on page seven of the packet.

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Okay, thank you.

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Thank you.

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Thank you.

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Anything else, Tanya?

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Anything else, Tanya?

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Tanya?

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Sorry, no, we don't.

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It's just that I didn't have it here.

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Thank you.

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Yeah, we didn't have it either, but Sharon sent it over.

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Thank you.

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Questions from the board?

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No.

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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no hands at this time thank you planning commission

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oh yeah good afternoon chair members of the board is it possible to

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to um take some more time on this as we haven't seen any of these uh items until today

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yeah we can uh vote on it next week's executive session

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um is that i think we're a little confused with the lot lines and how they relate to the zoning

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refusal here it doesn't it doesn't entirely make sense uh sure i i'm also happy to get if we go

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back to the photo um if i could chair i'm sorry to keep interrupting but if we could um hold this

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because in fairness to planning commission and others involved there was some um technical

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problems and the information was not provided on the website so it might not have been a full

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review for a recommendation so if we can hold this for a week I would be appreciative as well

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so we think it'll be okay if we just hold it for executive session next week yes thank you

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actually no the planning commission will have to come back and make a recommendation on the record

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but it would be held strictly for that all right so we'll do the uh specific date

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yep next week the 21st is fine all right at uh two o'clock or 9 30 or what um it whatever works

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for you chair all right well then uh so we'll resume the hearing and correct me before i put it

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on uh at which time we'll get any feedback from the planning commission correct okay all right so

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mi-2020-001136 1347 south hick street uh this hearing will be resumed well actually no yeah

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this hearing will be resumed on uh october 28th no 21st 21st at uh 9 30 a.m at which time

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we will consider any feedback from the planning commission

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that work yes thank you okay mr swick thank you thank you chair this is sharon saleta before you

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decide on whether to take a break. I just sent everyone an email. It appears that there may be

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only one case that will go forward and even that it's there's a question involved. So if that makes

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difference to you thank you muted sorry unless someone needs a break if not we'll

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go ahead with the cases because apparently we might not have any cases

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to be heard maybe one or maybe you can determine if any of them are ready to go

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forward and then decide um whatever why don't we do it that way all right um so do i need to read

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the statement in if we're just going to find out if anybody uh just call each case and find out if

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anyone or anyone's uh anyone's here to testify yes i'm still here you are yes i'm still here

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veretta fuller no no we're done miss miss fuller oh mr mr mr swick swick will explain what we're

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doing okay yes sir thank you have a good night you too thank you all right so i'll read these

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off individually um yes or you can read let's see why don't i read the statement then i ask if

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anybody's here and then we'll go. If I could interject, if we could read the statement since

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this is a recording, I would appreciate that. Yep, it's going to do that. Okay, good afternoon

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everyone. My name is Frank DiCicco. I'm the chair of the Zoning Board of Adjustment. I'll be

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participating in today's hearing along with our board members, Mr. Thomas Holloman and Mr. James

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Snell. Board Administrator Tanya Sunkett and Board Attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the

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of the basics of what you can expect. First, we will be administering oaths to individual

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participants prior to their testimony. Second, for the benefit of anyone participating by phone,

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we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded,

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and that by participating, you acknowledge your agreement to be recorded.

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Fourth, anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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Again, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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before we begin calling any cases we'd like to ask if anyone is requesting a continuance

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and or a withdrawal for an appeal listed for this afternoon's session if you are we did

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i'm sorry chair we did receive a request for a continuance of case number four that came from

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the appellant's attorney and on case number five we had a request for withdrawal also submitted by

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the appellance attorney okay so mi-2020-000200 what is the address on that the address is 180

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west gerrard avenue 180 west gerrard avenue this case is continued and mi-2020-000181431 south

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Street is withdrawn. Any other requests? Chair, I have a request. This is Tanya. A request for

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continuance from the attorney of record for number three on your list.

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Number three.

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Hold on one minute. I'm sorry. Okay. MI-2020-000239, 2349 North 20th Street is continued.

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Any other requests?

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We have Sloan Foulkes, Sloan Foulkes, you can unmute yourself.

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Good afternoon, Mr. Foulkes, you're still under oath.

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Please identify yourself.

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Good afternoon, Chairman DiCicco, members of the ZBA.

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Name is Sloan Foulkes, S-L-O-A-N-E, FSF Fire, O-L-K-S, Office of Counseling Maria Quinones Sanchez, Room 508 City Hall.

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we are requesting a continuance on um on account or meeting number mi-2020-000985

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1616 north second street uh they have yet to meet with the uh the coordinating rco um and we and uh

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and we're waiting that our meeting. Thank you. MI-2020-000985-1616

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North 2nd Street is continued. Any other requests? I just wanted to make sure

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there was nobody here for that case. We also had no exhibits submitted on that

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case. I do see a hand up for Jehan. Jehan, you can unmute yourself and wait to be sworn in.

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Yes, good afternoon. I'm here.

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Please identify yourself with a record, spell your first and last name.

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yes jehan kutab j-e-h-a-n last name k-u-t-t-a-b uh the address is uh 3001 kensington avenue

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philadelphia pennsylvania you swear and affirm to tell the truth the whole truth and nothing

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about the truth yes this is number seven on your list yeah i have it thank you we request continue

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We request continue if it's possible, please.

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if it's possible please yes ma'am

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Yes, ma'am.

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Okay.

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Thank you.

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You're welcome.

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Thank you, Jeff.

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MI-2020-000022-3001 Kensington Avenues continued.

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Any other requests?

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1729.

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We have Charles Richardson.

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Mr. Richardson.

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I'm here.

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Good afternoon.

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Please identify yourself in your under oath since this morning.

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Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

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Asking for either a continuance or dismissal for MI 2020-000246, the address being 3401 North 16th Street.

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We've received no communication from this applicant, and I don't know that they've been in contact with the RCO as well.

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So we're thinking that this needs to just go away.

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Typically, we would do that.

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But under these circumstances, we've been giving everyone the benefit of the doubt, and we will continue it.

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If there is no activity.

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Yes, Shari?

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Can I say that we did receive an exhibit packet for this one?

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there was a question though

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whether there was an attorney which

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they would need

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and then I do have a hand up here

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and it appears to be regarding

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this case

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is it Miguel

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you can unmute yourself

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wait to be sworn in

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please identify yourself

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spell your first and last name

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yes my name is Miguel Torralta

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it's a

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34106

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Philadelphia PA 1940

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And the correct spelling of your name?

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Miguel, M-I-G-U-E-L, Peralta, P-E-R-A-L-T-A.

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Your address?

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It's 341 North 16th Street, Philadelphia, PA, 1914.

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

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