civus
Hearing video

ZBA Hearing - April 6, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 6, 20225h 22m

Deanna and Gentian Codre

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are there any questions for me

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before I introduce Mr. Codre

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Mr. O'Brien the existing structure

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comes down and then you build a new home

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no the existing structure will remain

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it will be modified

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the existing porch.

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So this existing porch on the side will be modified. The rear will be incorporated into

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There will be a narrower porch.

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The porch right now extends beyond the return wall by about five feet.

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As depicted in the rendering, the new house will be attached to the existing house.

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So these windows will no longer exist.

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However, each of those rooms have an existing window facing south.

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So there's no building code issue with that modification, and there will still be a porch

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on the building, but it'll be primarily a rear porch. Okay.

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If I can introduce Mr. Cadreau.

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Have him state his name and spell it for the court reporter?

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Yes, it's Gentian Cadreau, first name G-E-N-T-I-A-N, last name K-A-D-R-I-U.

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all right do you swear for him to tell the truth the whole truth and nothing but the truth

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i do proceed mr codru you heard my testimony uh presenting uh your appeal yes um did everything

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i say was everything i said true and accurate yes and be accepted as period you adopted as your own

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yes questions from the board no mr chairman no mr questions or comments from the virtual audience

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see no further hands mr chair planning commission thank you sir mr chairman members of the board

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david facto city planning commission the comprehensive plan recommends no change to

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the residential single-family zoning at this location this is a 4583 square foot lot

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a hardship does not exist that would prevent this lot from continuing to be used in conformance

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with the zoning code building on on 95 percent of the law is not strictly necessary to allow

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the owner to derive value from this land and so the city planning commission recommends that the

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board denied the variances uh mi2022 000 393 202 ripka street i vote yes carol tonnery my vote is

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yes thomas halliman my vote is no james snell my vote is yes thank you mr o'brien

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Thank you.

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So, is there anyone waiting from the 2 p.m. list?

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Mr. Chair, Mr. Jin's hand is raised.

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I can't speak at this time.

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Okay.

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Good afternoon.

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Jin Jin, it's my understanding that we have a recalendared hearing for 1018 Wood Street.

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uh this afternoon at 2 p.m um i i do not have that sir i don't have it

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nope no i don't have it either um chair in light of the fact that um we did not have

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um an attorney to give us the information if this was rescheduled or for a resumptive hearing

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is that it mr it's based on a reconsideration request that the board granted

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this was a reconsideration hearing schedule you're saying yes well okay i i no i think

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we voted to reconsider that case it's just not been listed that i see

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okay i mean several weeks ago we voted to reconsider that case and give it a rehearing

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and give it a rehearing. Right, but if Mr. Zinn, you have documents stating that it should be

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Right.

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But if Mr. Zinn, you have-

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scheduled for today, right? I believe so. That's why we sent in the submission. Let me just

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hang on one second. I'll pull up the entire file.

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So a new exhibit was submitted on April 1st.

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If I may, just for one minute.

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So my assistant scheduled this for today on the calendar.

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That's why I'm here.

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I'm not sure if I have a hearing notice on file here.

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I'm looking for that right now.

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Okay. Yes, we do have a hearing notice that was sent to us. I'm going to try to pull that

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up. So the hearing notice was sent to us on March 3, 2022, indicating the new date is

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4-6-22 at 2 p.m.

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It was a letter notice

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from the zoning.

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So, Chair, that would be my fault.

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We can go forward as you wish.

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I think I remember the case.

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I mean, I don't think

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it's necessarily a long case.

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If you have the information there.

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I have submitted the exhibits

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to the board and to the board's attorney

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five days ahead.

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I'm aware.

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I'm aware.

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I just need the information in front of me.

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That's all if we're going to do it.

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Yes.

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Tanya, if he's here, why don't we just get it done?

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Sure, Chair.

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Okay.

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Thank you.

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Give me the case number and the case.

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Yes.

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The address.

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Yes.

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The property address is 1018 Wood Street.

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Yep.

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And it is calendar number MI-2021-003824.

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My remembrance, we gave this an additional hearing because the RCO changed their mind.

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Am I right?

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That is correct.

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We have worked out a community benefits agreement with RCO.

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Let's go on.

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Let's handle this before we get to the 330 group.

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Thank you.

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MI-2021-003824-1018 Wood Street.

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Thank you.

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May I be?

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Thank you.

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I'm being...

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I'm being ordered to the panel, sir.

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Excuse me.

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Okay.

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Good afternoon.

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Thank you for permitting me to get forward.

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You've already been sworn.

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Could you answer a few questions from our vice chair?

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Just a few.

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Yes.

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Do you agree to wait the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?

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

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Yes to all questions.

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Okay, great. You may proceed and share your screen.

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Thank you.

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Sure. Thank you.

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I am going to be sharing our updated exhibit package. Can the board see my exhibit on the screen?

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Yes.

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Excellent. So we have submitted a copy of the refusal, a support letter from Kelleh Hill Neighborhood Association, a community benefits agreement with Philadelphia Chinatown Development Corporation, who originally objected to our proposal based on the lack of an agreement with PCDC.

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We have petition support that was previously submitted as well, photos, plans, and related

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documentation, including a parking agreement for the use. So to kind of refresh the board

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on this application, this is an application. I apologize. I apologize. If I could just ask

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Mr. Zinn, did you get a letter from me stating this was scheduled for today? Yes, I did. Okay,

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I just wanted to confirm. Sure, I have the letter actually as part of the exhibits here.

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This was dated March 3, 2022, to my office, stating that today, April 6, 2 p.m., will be the hearing date.

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Okay, thank you very kindly.

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If we could, Chair, could we pause for one moment just to make sure that all parties were notified?

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All parties were notified?

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Sure.

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Sure.

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Thank you.

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Thank you.

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Mr. Kelly, how are we holding up?

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I'm doing fine, Chair.

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Thank you for asking.

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We're going to break it.

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We'll break after this case.

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That's appreciated.

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Thank you.

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Thank you.

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.

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I apologize. I believe there was a mix up. Okay, I have this scheduled in our system

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for April 27. And your letter, I must have had the six by mistake.

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Ah, I see. Okay. I mean, my understanding is we had emailed the RCOs at least as part of our

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notification of the packages. So I don't know if perhaps PCDC may even be present today,

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but I would certainly defer to your decision on what to do with this case.

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And in order to be fair to all involved, I would humbly request that you allow us to keep

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it scheduled for april 27th and i do apologize very much okay understood all right thank you

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everyone we're going to take a five minute break thank you thank you

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Whew.

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Thank you.

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Thank you.

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Good afternoon, Chair.

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we are just about at 4 p.m if as you wish the 3 30 session can begin recording let's start recording

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we are recording okay my name is bill bergman i will be chairing this zba

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330 hearing with me is carol tenary our vice chair carol present ismail shaheed our board secretary

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present mr chair thomas holliman our board member president mr chairman and james snell our board

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Thomas Holloman, our board member.

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Present, Mr. Chairman.

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And James Snell, our board member.

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Present, Mr. Chairman.

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Also here is our Executive Director, Tanya Sunkett, and our Attorney, Rebecca Cole.

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Our virtual format, be advised, these proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting TanyaSunkett at phila.gov.

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For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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

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

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And last, please note, the question-answer box on the screen is not for testimony or comments.

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Any comments should be directed to Tanya Sunkit, our Executive Board Administrator.

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Let's start with continuances.

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Do we have any continuances listed?

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Anyone have a continuance for the 3.30 meetings?

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See no hands-on, Mr. Chair.

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Okay.

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Okay.

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Number one, MI-2021-002647-1216 Lycoming Street.

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Ronald Tolbert.

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Chair, just so you know, this is Tanya.

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We did not receive any exhibits for this case.

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Yep, and this is a must be tried.

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Does that mean we're dismissing it?

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No hands out?

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No, sir.

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I vote we dismiss this case.

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Dismiss.

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Thomas Holloman, dismiss.

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James Snell, dismiss.

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Ishmael Shaheed, dismiss.

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MI 2021-005016-147 West Tioba Street.

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