civus
Hearing video

ZBA Hearing - December 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 20, 20237h 17m

Just a quick question.

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Mr. Jin, were you, I'm just a little confused.

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were you issued the refusal because you didn't have enough parking spaces that were outside of

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the building well so they don't count the parking availability inside buildings so yes it's it's all

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for outdoor parking is what the code requires got you so because you're basically taking part

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of the lot to make the addition you don't have the requisite number of parking spaces correct

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okay thank you questions or comments from the virtual audience

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Yes, Chair, we have Gregory Allen, and they have been allowed to speak.

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Don't worry, sir. Could you state your name, please? You've already been sworn. If I remember correctly, you were already sworn today.

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I was, just a minute ago. And my name is Gregory Allen, G-R-E-G-O-R-Y-A-L-L-E-N.

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And Mr. Allen, please see what your testimony.

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we have no objection um in fact ken is my auto mechanic oh and all of the neighbors

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in our area um really support him because he's really good to our community so there's no

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objection thank you so much for calling in this late we appreciate it sir you're welcome thank

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you um anyone else in the virtual audience i see no hands planning commission

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I'm Ryan Bednar, City Planning. Properties indicated for industrial commercial mixed

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use on the city plan. Given the physical circumstances of the site, we have no objection

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to the granting of the requested parking variance. Thank you. MI 2023-003-242-5947-57

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Lancaster Avenue, I vote yes. James Snell, my vote is yes. Ishmael Shahid, my vote is yes.

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Thank you, counsel.

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Thank you, and happy holidays, everyone.

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Same to you.

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So number six, MI 2023-003-188-4313 Westminster Avenue.

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Recommendation of support from the West Belmont Civic Association.

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Hillary, we still waiting for a tax clearance?

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I do not believe I have received one yet.

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Okay.

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hi counsel could you state your name please

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spell for the court reporter

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my name is Cheryl

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hold on

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let me get you my picture

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hold on

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I'm sorry

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hit your video

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yeah I'm trying to

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Hold on. There it is. Okay. Thank you. Hi. How are you? There you go. Thank you. Good afternoon.

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Good afternoon. Good evening. Yeah, it's good evening. It's good evening.

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Yeah, yeah. It's been a little while. Could you state your name and spell, please, for the court

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stenography? Okay. My name is Cheryl Gaston. It's C-H-E-R-Y-L Gaston. G as in George, A-S as in Sam,

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I'm T.O.N. I'm an attorney. I'm with Spruce Law Group.

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I represent the owner of the property, who is Liliana Depplin.

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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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And our vice chair has just a few questions.

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Good afternoon, counsel. Do you read away the reading of the refusal or stipulate to its accuracy?

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Yes.

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have you emailed in all the required documents and exhibits that is needed

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and required to proceed with this case five days in advance of this hearing

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I sent everything except for the tax

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clearance information we have problems getting it I do have

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the receipt that were paid yesterday

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and so I don't I can send the receipts I don't

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have understood yes so we'll

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Yes.

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So we'll continue with the case, but we will hold the vote until we receive the tax order.

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continue with the case, but we will hold the vote until we receive the

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Not a problem.

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I just thought that since we just got them yesterday, I didn't want to send them necessarily as exhibits at this late day since we were having a hearing already.

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All right, no problem.

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Please give that over to our council.

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All right.

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You can continue and share your screen.

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All right.

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Can we bring forward my paralegal, who is Christine Schlosser?

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She helps me with that.

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Yes, they have been promoted to panelists.

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Thank you.

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Thank you.

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request is to use the property for multi-family use. The property was actually purchased in

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December of 2022, along with another property on that same block, 4329. My client also owns

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one of the other properties on this block. And the property was owned at the time of purchase

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And up until April of this year as RM1, when the zoning was changed to RSA 5.

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And our refusal is actually dated May the 4th of 2023.

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So, barely the change to RSA 5 happened while the application was being considered and rejected, actually, as of May the 4th.

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So, we're talking like a two-week period, and that is the only refusal on here.

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the plan is. If we could move forward a little bit, Christine.

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This is the actual refusal. It's just for the multifamily use. And as you can see,

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this bill number 230034 was actually adopted on like April the 13th or April the 16th of this year.

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The application for Peel just notes that this property was configured as two units, which was allowed by the former RM1 zoning.

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And the proposal to reconfigure it is because, one, it's in a dilapidated condition at this point.

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And also because, again, to reconfigure it for three-family use would be, in effect, a continuation of a, or a, not, it was non-conforming, if you will.

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Well, actually, it was, yeah, it was non-conforming because it was allowed under the previous zoning.

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And now we're talking about doing something which is actually in accord with the prior RM1 zoning, which was just changed as this application was being considered by LNI.

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And this could be actually considered as a natural expansion of a non-conforming use since it's not a new use, it's not an excessive expansion, and it's not inconsistent with the public interest.

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And can we go to the plans here? We do have the approval of the West Belmont Civic Association and the Belmont Alliance Civic Association.

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and this is um the proposed uh look go back please thank you this is the proposed um look

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at the property uh when we get done hopefully with uh once it's approved uh next page this is the um

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Next page. This is the site plan that was submitted with our application. And again, we're going to expand the back of the property so that they're all consistent in terms of the back walls of the property.

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So each unit will have the same approximate square footage as we go up.

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Next slide.

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This is how the property actually looks, the one with the open windows.

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That's it.

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Next slide, please.

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Again, this is another view of the property.

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and uh next slide please um what we and this is the um this is the additions that you see

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there's one on the third floor so that it uh the property extends all the way uh to the back wall

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of the first floor and again there's a slight addition on the second floor uh there won't be

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any balconies. There won't be any, there's little Juliet balconies, but we're not talking about

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actual balconies that would be considered maybe something that the neighborhood would not be

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happy with. When we met with the RCO, they asked that we include a trashing closure.

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But when they sent the meeting summary, they didn't include it. So I did check with them,

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and they did ask that we present and ask for the trashing closure, which we're happy to do.

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And that, I think, is shown on the, can we move forward a little bit?

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I think we should. Where is it? Where do we put it? There we have it. We have the trash storage, which again is something that the community requested that we add to the property.

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And these are just basic floor plans for the different units, which will be maybe our living room, dining room, kitchen, bathroom, and two bedrooms per floor.

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A little bit forward, please.

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Posting of the property.

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Next, posting another posting.

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And then we have the meeting summary

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from the neighborhood.

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So we had the approval of the majority of those that were there.

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We have next page is the the email from the planning commission that we send out the notices.

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Next is our notice.

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And then we have the addresses and our certificate of mailing to all of those on the address list.

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And in fact, we did this property of 4313, and we also did 4329 at the same time, although that hearing isn't scheduled until January the 10th, and the community groups, the RCOs, approved both.

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And we have the same kind of issue.

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It's the RSA-5 change that came in while we were doing the application.

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Okay.

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Why don't you bring your client here?

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Yes.

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Why don't you bring your client on and have your testimony adopted?

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Okay. Liliana, can you raise your hand?

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Okay.

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Liliana, can you raise your hand?

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I see no hands, Chair.

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She was here. Listen, you're an officer of the court. We will take your testimony.

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Thank you.

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Questions from the board?

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No, Chair.

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No, Chair.

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Questions or comments from Hillary Emerson, our attorney?

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Mr. Chair, I just wanted to note that I checked the taxes and they are paid through 2023, so we can vote on this matter.

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Oh, thank you very much.

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Thank you. Yes.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Ron Bednar, City Planning.

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Property is indicated for residential use on a city plan, given the documented use history and its physical condition.

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We recommend the request of variance be ran.

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Thank you.

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Number six, MI 2023-003-188-4313 Westminster Avenue.

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I vote yes.

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James Snell, my vote is yes.

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my vote is yes

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counsel you have your votes

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thank you Mr. Chairman

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and board members and happy

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holidays to you all

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is there anyone

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from the 330 list

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whose case has not been called

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no hands chair

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thank you everyone

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I really

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appreciate everybody staying late.

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I wanted

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to make sure Peter Bernard, is he still

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on? Peter, you were on a long time. We

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appreciate you were here. And Ron, thank

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you for being here so late. And

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obviously the other board members

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and of course Hillary. Hillary

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has been going at it since 7.30 this morning.

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So we do appreciate

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everything everybody did. And let's

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all have a great holiday and a

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nice long rest because we're not back for a while.

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So, and

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thank you for long.

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Mr. Palmer, thank you for always being there.

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And please tell Emily I said the same thing.

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Thank you, LeBaron.

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Bye, everybody.

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Thank you.

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Happy holidays, everyone.

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Happy holidays.

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