civus
Hearing video

ZBA Hearing - April 2, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 2, 20257h 53m

Okay, all right. So right here, this is the entrance to the first floor, right? This is the entrance to the second floor. This right here, we had to put this on it because recently somebody does, there was a break in at the property. So this is the, this is the door to the third floor, but right now it's

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boarded up because we had

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a break in

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because nobody's there. We stopped work.

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So these are the three separate entrance

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for the property.

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As far as the

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location,

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I'm going to show you

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the street view.

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The majority of the

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buildings on that street are

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Motow family.

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Let me just show you the street view.

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This is the corner view.

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Yep.

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This is my client's property.

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Well, you got it.

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You're still on the entrances.

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I'm still showing the entrance.

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Okay.

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I got to get used to this.

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Okay.

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So this is my client's property.

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This is the same, same three units set up.

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We're not changing anything.

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We're just trying to legalize and get the permits to, to get the work done.

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Okay.

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All right.

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All right.

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Do you want to bring your client on to adopt your testimony?

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Yes, please.

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Nader, Jabbar, G-E-R-B-E-R.

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You should be on Zoom.

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They will be rejoining us in Panama shortly.

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Could you please state your name and spell for the stenographer?

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N-A-D-E-R-J-A-B-E-R.

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Nader, Jabbar.

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Okay.

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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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Yes, sir.

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Please proceed, counsel.

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Thank you, Mr. Chair.

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Nader, good evening.

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Good evening.

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Nader, did you have an opportunity to hear the presentation I just made to the board?

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Yes.

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And was that accurate?

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Yes.

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And will you adapt that as your testimony?

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Yes.

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Is there anything else you want the board to know as far as what you do in the community and how you came across this property?

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So, basically, I purchased a property as three units, and then when we started to do the outside cleaning and paint, and then we would try to build a permit that the city, they said that that property, it's not listed as a triplex.

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So, we're trying to legalize it so we can do that renovation from inside.

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Thank you, Mr. Chair.

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That's all we have.

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All right, questions for the board.

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Let me know where your trash is going to be stored.

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this picture right there you can let us know if it's going to be outside yes it's right on like

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you see what is the how the two cars is parked on a on a on the on the on the sidewalk on the

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other side there all the way to the back it will be um a trash can a trap what it called the um

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dumpster it's a fence with the trash cans on there okay all right okay

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i have a question um what makes you classify this as a three family property so basically

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if you look at the how it was built so right where is the two cars at this is an old photo

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this is like a photo from a google there is a door right there right on the top of it there

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is a balcony here with the door which is lead to the same like one first uh to the second

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apartment right there in the middle where is the concrete step where it goes it had a door on the

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left and then you straight up you go to this to the third floor um did it have three kitchens yes

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so at sale did it have three kitchens yes it's three kitchens three bathroom um plus most of

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it's a three

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the corners on that neighbor that it's um it's the same thing cross the street from there it's

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also grocery store they made into uh the first floor into a grocery store first and the second

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and third floor are a apartment but we're not doing any commercial it just already doesn't so

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uh three units we're not doing any commercial on the first floor so it was originally you bought

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it as two residential units in a previous commercial space no no i'm saying like across

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the street from me like the other corner yeah it has like a grocery store on the bottom and two

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units on top so i figured like all the neighbors there all the corners they have the same thing

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when you bought it in 2024 was it listed as a three-bedroom one and a half bath when you

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purchased it yes so you when you bought it it was listed as a single family home so

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i wasn't sure if it's if it's it had a zoning of a three unit or not but like it had three

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kitchens if you look at the photos it had three it had two kitchen on the top it had a half kitchen

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at the bottom had a bathroom downstairs the bathroom upstairs so it was it was subdivided

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of and it had the actual doors um on each side and the front as well it had each like each side

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had their own doors and also there is two doors on the back as well and then how what work do you

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need to complete to hell out to be rentable uh basically everything basically you know with i

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mean i have if you i mean if you're okay with that i have some photos that i can share to show you

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how basically i have my apartments um basically that's that's complete like when when i first

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purchased it um i what i did is like we started the outside then when when we noticed that

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it wasn't legalized so i have uh i have other photos if you guys have the time i can show you

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on my other units how they look like but basically we have a full support um from the

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from the community uh they seen um how my other properties are and um you know my main concern

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is the safety and the look to keep it you know clean um basically that's it's it's been it's

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been you know i purchased it back almost about a year ago as of now we sell the property the same

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way it is my my main concern is having a full renovation in the property you know to have it

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in a better look for for rent and then how many bedrooms is each unit on each floor two units

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and one bathroom they're all too bad they're all too bad one baths okay okay uh questions from our

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attorney what's your plan to prevent folks from parking on the pavement illegally like they are

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and it's the photo probably his cars i'm sorry sir can you repeat that again what's your plan to

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stop people from parking on the pavement illegally like they are shown like shown on this plan on

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this so basically we had a same situation like this down fishtown and port of richmond so they

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sell a um i'm not sure what they called it's like a metal post a metal um metal stand at about four

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feet high i'm sorry they're called bollards bollards okay yes so basically it would be two

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right there this is basically cars from the neighbor who had to park there i guess at that

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time and as of now since the property is empty like every day like there is vivo parks in the

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sidewalk but we don't allow that um so basically we will stand some of those just to keep the

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sidewalk fully clear no parking in the in the sidewalk at all thanks attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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I do not see any hands, Mr. Chair.

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Planning Commission.

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Thank you, Chairman.

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Good evening.

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David Fechto with the City Planning Commission.

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Chairman and Board members, the comprehensive plan recommends no change to the RSA-5,

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residential single-family zoning at this location.

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There appear to be several violations dating from July 2024 for interior work.

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after the deeds show that the appellant purchased the property.

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The City Planning Commission recommends that the board

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deny the requested use variance for three dwelling units.

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Okay, so we're going to hold a vote on this until next week.

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We're going to vote next Wednesday at 2 o'clock.

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I'm going to sit and talk to the executive session.

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You don't have to get on. You can just listen, okay?

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Thank you. Thank you both.

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Thank you.

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all right we're we're wrong okay we're rolling right into the 3 30 list okay

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Okay. We're rolling right into the 3.30 list. Okay. Good afternoon. My name is Bill Bergman. I will be chairing this meeting of the Philadelphia Zoning Board. With me still is board member Cheryl L. Gaston.

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I'm present, Mr. Chair.

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Board member Tanetta Graham.

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Present, Mr. Chair.

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Board member Michael Johns.

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Present, Mr. Chairman.

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Board member Taya Wynn.

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Present, Mr. Chairman.

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Also, here is our attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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A recording of the hearing will be posted on the ZBA website.

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By participating, you agree to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name and then wait to be sworn in.

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Once you've been sworn in, please state your name each time you're beginning your testimony.

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Any person may enter their appearance to become an interested party in the case.

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There are three ways to enter your appearance.

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You can identify the case property address on your Zoom webinar.

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You can see a staff person, or you can call ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the address of the property of the appeal.

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The following guidance is for our remote attendees.

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First, when directed, you must raise your hand, virtual hand, in order to be recognized to speak.

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Second, if you're called to testify, you'll be prompted to join a panelist list.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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Fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, please refrain from talking, eating, drinking during the hearings.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators.

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A water fountain is just outside the room, to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and the court reporter.

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In the event of an emergency, please follow the directions given by the public address or by the staff.

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The main exit is through the double doors at the rear of the room.

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The nearest stairwell is to the left outside.

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In case of an evacuation, the rally point is at Love Park, directly across Art Street.

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Please remain there so we can count for you.

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Let's look at our schedule for this afternoon.

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number two

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for tonight

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I thought it was the

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3.30 hearing

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number two

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MI 2023

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007

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024

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8727 Tarsdale Avenue

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case has been

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continued

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case will continue

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until

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10 22 25 or 3 30 p.m

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let's see what else number four

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mi 2024 007 233 2719 east allegheny avenue that case has been continued

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to 10-22-25 at 3 30 p.m case number one mi 2023 004 00509 west springer street that case has been

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withdrawn case number five mi 2024 007 238 1008 to 14 glenwood no exhibits first listing tyrone

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king is the listed owner ed ed estrada is the dba but tyrone king is the listed owner we have no

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exhibits. We have a letter of support from the 37th Ward.

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Mr. Chair, just an update on this one. We actually received exhibits today

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from the expediter in this matter. I

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believe they've been, if not, I will let them know, but I believe they've

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been advised that we cannot proceed because they were received the day of the hearing.

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Thank you. So MI 2024

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007-238-1008-14 Linwood Avenue.

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That case is continued to 10-22-25, and then MI 2024, 3043 Germantown Avenue, Claudette Page, no exhibits, first listing.

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No exhibits first listing.

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Chair, Ms. Page appeared earlier.

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We informed her that she had not submitted her exhibits timely, so she'll be requesting continuance.

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Okay, so MI 2024-07-007-246-3430-43 Germantown Avenue.

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Cases continued 10-22-25 at 3-30.

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Let's go to our first case here.

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Number three, MI 2024-004-310-4122 Combley Street.

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Jermaine Harris is the attorney.

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Toby, we're joining those panels, Mr. Chair

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Okay

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