civus
Hearing video

ZBA Hearing - October 9, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 9, 20247h 34m

that's another view of

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the rear of the property we're

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showing the loading bays keep going

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here's the two loading

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bays so the trucks come in the contractors

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this is the fourth picture of the loading

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bays yeah I know just we'll keep

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going because we keep going we can go

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just to show you how they come in, go back, keep going. We'll show you what goes on on the interior.

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We don't use torches. We don't melt down anything. We've in a year, we've taken in 2 million pounds

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worth of material. Hold on a second. This is one of the cameras. So we put everything on camera

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so that we know who's there. We give everybody, we take a picture of their driver's license. We

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take a picture and give them a receipt. So it's well documented. Keep going. This is just interior

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shots to show you what we do with one of the lifts, trucks, an interior view, keep going.

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And the kind of material we have, keep going. That's keep going. Keep going. Well, just to

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give you a sense of what's going on in here, that's one of the compressors that we use.

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So we don't store anything on the outside. This is the rear of the property. You can see that

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There's nothing stored on the outside. So one of the specific standards that's involved with regard to this kind of a use is that you don't store any, you don't compress, you don't package, you don't shred, and we don't do any of those things or cut on the outside.

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In fact, we'd be willing to, since we don't do those things, we have no problem with a proviso condition that would say no cutting, shredding, compressing, or packaging outside.

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We are also sited because we're within 150 feet of a residential district.

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Let's go to the map of the residential district.

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I mean, of the district, the zoning map.

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The board, I think, has seen enough of that.

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It's at A12.

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Here's the zoning map.

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We're down here in this blue, the blue sort of, keep going over to the left, the blue rectangle here.

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And right across the street from us is zoned residential.

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But if you go look at it, go to the aerial photos that we have next at 13 and 14.

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Here, yeah.

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a 13 a and b can you zoom in a little all right here yeah here can you zoom in a little bit here's

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where we are right across the street from us which is the zoned residential property is the wood haven

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facility center that's been there for many many years but it's not residential zone it's not

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residential properties it's been used by temple university over the years as a mental health

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It's been used by Temple University over the years as a mental health facility and that kind of thing.

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facility

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We are close. We are more than 300 feet away from the residential property.

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If you zoom out a little bit, you can see them to the lower right portion.

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And they're more than 300 feet away.

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So we believe that we fit the criteria for spacing from a use that is being zoned residential.

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Behind us is the Elliott Lewis yard for their contracting company.

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We believe that we've been here at this location for 13 years next door at 2819 for an additional six years, putting us at about 17 years.

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We've not created any environmental overflows.

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We haven't done anything that's detrimental to the community.

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We don't allow we're not going to alter the essential characteristics of this neighborhood and allowing us to do what we've been doing all these years.

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And we feel this is the least minimum variance that would allow us to relieve the hardship, given that we are existing in this building for and in this in this industrial park for over 17, about 17 years.

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And we are existing and not have altered or essentially polluted anything in this neighborhood nor have had any complaints about what we how we've operated.

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And we keep everything inside the building.

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So with that, I would ask that all our records be accepted and exhibits be accepted.

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I would like to call Eric Kurtz to come be raised as a panelist so we can have Eric.

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Eric?

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I know he's there somewhere.

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Okay.

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Do we see his hand?

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Yes, I'm here.

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Okay, there he is.

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sir could you state your name and spell for the court's demography sure my name is eric

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kurtz e-r-i-c-k-u-r-t-z you swear or affirm to tell the truth the whole truth nothing but the

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truth i absolutely do please proceed mr pollack eric uh you were attentive and listened to

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everything that was stated on the record so far uh yes i have and uh do you agree that what has

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been stated is true and correct to the best of your knowledge? Yes, I do. And do you adopt that

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as your testimony as if it had come out of your mouth today? Correct. Yes, I do. Okay. With that,

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Mr. Chairman, members of the board, we would rest. Thank you. Questions from the board?

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I'm still not sure what the material is that you're doing. It's not like a regular metal.

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Right. Cheryl, Mrs. Gaston, if you go to our BK and Sons price sheet, A7, we go to A7.

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Here we go. This is a typical price sheet of what we do. And this was as of July 19th of 2024.

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and Eric could attest to this this is what Eric was paying per pound I believe right Eric for

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different copper insulated wire oil aluminum and the miscellaneous things yeah so uh our

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our customers are uh like general contractors electricians plumbers uh steam fitters uh and

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my company is basically the middlemen in uh the recycling business we take it from them we process

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it we cut it up we box it ship it uh and we sell it to where they melt it back down again

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ah okay that's our process okay any other questions from the board

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question or comment from our attorney hillary emerson not at this time mr chair

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this is your comments from the virtual audience

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i see no hands at this time tear planning commission

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Hi, Chair, Meg Cavanaugh for Planning Commission staff.

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The comprehensive plan recommends no change to the I-1 light industrial zoning at this location.

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There is no unique physical condition or circumstance of this property that would prevent it from being used in conformance with the zoning code.

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This section of the industrial parking running on Southampton Road is a professional business park, not a heavy industrial park.

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The proposed junk and salvage yard would be out of character with the block.

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The City Planning Commission recommends that the board deny the proposed use variance for junk and salvage yards and buildings.

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We would say that in light of what the Planning Commission is saying,

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keep in mind that for 17 years it has existed and operated the way it's been operating.

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And there has never been anything other than they have a...

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And there has never been anything other than they have a physical office of a state representative.

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The other office is a physical fitness center that I got approval for several years back as part of this building because the building, the industrial park, they've had difficulties getting industrial tenants.

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This is a very mild use considering that it's not what I would call a junkyard, but a recycling where they keep everything inside.

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And as I said, if the board wants to give us a proviso so there's no cutting, shredding, compressing, or packaging outside, we will be very happy and content with such a proviso.

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Thank you.

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MI 2024-005-133-2901 Southampton Road.

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I vote yes, proviso, all work to be done inside.

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Cheryl Gaston, my vote is yes with Proviso.

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Tanetta Graham, my vote is yes with Proviso.

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Hi Owen, my vote is yes with Proviso.

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Ishmael Shaheen, my vote is yes with Proviso.

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Thank you very much, everybody.

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And still nothing, nothing.

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Thank you.

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Thank you.

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You're welcome.

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Is there anyone in the virtual audience whose 2 p.m. case has not been called?

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i see no hands at this time chair so we're going to take a five minute break

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it looks to me like we only have one case left okay five minute break

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please

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good afternoon everyone my name is bill bergman and i will be sharing the 330 list with me is our

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Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our Board Member, Tanetta Graham.

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Present, Mr. Chairman.

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And our Board Member, Taya Wynn.

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Also present is our Attorney, Hillary Emerson.

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Here's our virtual format.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting...

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Kathleen Grady, I'm sorry, CBA Executive Director at Phyllis.gov.

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For the sake of our court, court sonographer, all attorneys and witnesses should identify themselves before testifying.

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If you're participating by phone, press star nine to raise your hand and star six to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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Finally, the question answer box on the screen is not for testimony.

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All comments should be directed to zbaexecutivedirector at phila.com.

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Here's our list for this afternoon.

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Number one, MI-2023-000489-4400 North A Street.

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That case is continued.

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Number seven, MI-2023.

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Mr. Chair, for that last case, I believe we have the attorney present.

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It is the fifth listing.

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Okay.

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Mr. Griffin?

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Mr. Griffin

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Griffin has been allowed to speak

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yes can you hear me

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yes could you please state your name and spell for the courts

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sure John Griffin

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G-R-I-F-F-I-N

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wait a minute do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? I do, sir. Could you give an update

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on this case for us, please? Sure. We were actually prepared to move forward tonight. We

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were going to ask that the board keep the record open for a second meeting with the RCO. The RCO

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had actually asked if we could request a continuance for that to happen. We have a meeting

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set for November the 19th. In very, very brief, short order, there was opposition to our project

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primarily because of liquor sales that would have occurred at this business. We have revised that.

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We have informed the community that there will be no liquor sales. The liquor license will be

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transferred to another property owned by the owner. And that, I think it's fair to say, generated

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And that, I think it's fair to say, generated a new round of support once that issue was cleared up.

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So we have a meeting set for November the 19th at the request of the RCO.

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Griffin, we're going to continue this one more time, OK?

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Yes, sir. Thank you.

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So MI 2023, 000489, 4400 North A Street.

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Cases continued.

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Mark must be heard.

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Number seven, MI 2023, 007208, 212 Diamond Street.

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The cases continue.

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Are there any other requests for continuances?

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I see no hands at this time, Terry.

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Number two, MI 2023-002-468-624 Dudley Street.

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No exhibits, third listing.

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Is Chelsea Rizek here or V2 Properties?

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No, Terry.

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I see no one by that name.

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and I also see no hands up on this side.

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So this is the third listing.

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On 410-24, there was a listing.

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No one appeared.

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So MI 2023-002-468-624 Dudley Street,

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I vote to dismiss.

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Jerome Gaston, my vote is to dismiss.

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Kaneta Graham, my vote is to dismiss.

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Thia Nguyen, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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number eight mi 2024 001 514 2550 east clairefield street this is the second listing

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and the listing was continued on 724 724 no one appeared um there has been no contact with the

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rco samuel garan and ashley navarez please i see no one with their name in the audience here

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so this is the second listing last time no one appeared so mi 2024 001 514 2550 east

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clearfield street i vote to dismiss cheryl gaspin my vote is to dismiss

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Tanetta Graham, my vote is to dismiss.

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Pia Nguyen, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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And number three, MI 2023-002-478-1220-28 North Front Street.

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That case has been withdrawn.

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Number four, MI-2023-003-440-1624 Napaul Street, Mohamed Montaber and Habib Hussain, are they in the audience?

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No, Chair. I see no one by that name.

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so mr chair and i just wanted to note that we received an email um from mohammed montahar

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and it was not clear from the email this was back this was about a month ago um whether there was a

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request for withdrawal or a continuance um because they just indicated they were not ready to move

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ahead and wanted to cancel the hearing instructions were given to request a withdrawal if that's what

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they wanted and um that we have not received a request for withdrawal so i would just recommend

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one final continuance for this one in case that in case the request was for continuance and not

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for withdrawal thank you so mi 2023 003 440 1624 napple street cases continue mark must be heard

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And then number six. No, I'm sorry. Number. Yeah. Number. Six here.

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MI 2023 007 126 469 Oriana Street. This case has been withdrawn.

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uh mr chair we haven't received a formal letter of withdrawal i recommend continuing this um must

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be heard and so the staff can give instructions there were some emails from the attorney indicating

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that it would be withdrawn but um there was not is this demarco demarco richard demarco uh yes

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am i it's been it's been it's been resolved but the the attorney has not submitted a letter

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withdrawal so we we just need to follow up with her mi 2023 007 126 469 arena

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MI 2023-007-126-469 Arena Street.

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Cases continued.

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