civus
Hearing video

ZBA Hearing - April 2, 2025

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

I'm Mr. Harris

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Good evening

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Good evening, Mr. Harris.

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Good evening.

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Could I be heard?

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Could you please state your name as well for the stenographer?

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Yeah, Jermaine Harris, J-E-R-M-A-I-N-E.

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

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I do.

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I do.

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Could you identify your client, their relationship to the property?

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Sure. My client is Maranelli Belez, and my relationship is the attorney, and my client is the owner of the subject property.

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Do you waive the reading of the refusal and do you agree with its accuracy?

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I do.

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Okay. Well, why don't you start your machine, Aaron, and make your presentation?

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Okay, sure. Let's see. How do I get to share a screen?

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Okay. All right. Cool.

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Okay. All right. This is concerning 4122 Comley Street.

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and uh on the big screen here i have the exhibits of what i submitted to uh to the board and

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essentially what we're talking about here is the legalization of offense um this is what we're

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looking at this is the subject property right here and this is the fence the reason

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why the fence was erected is because there had been several break-ins to the particular uh to

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to the property and uh as a result of it she erected the fence um she also put cameras around

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there not knowing of course that in order to do this you need to have uh you need to

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get approval from L&I in order to do so. There's also the effect of this also

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allows for a two-car along the side of the house as well. This is one of the

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cars. Well this is one this is space for one of them but it allows for a two-car

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uh parking. This is a posting of the zoning hearing notice and um essentially let's see here

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let me pull up the plan

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sorry just bear with me I'm trying to find a plan

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no i'm sorry this is well this is the letter of non-opposition by the community since i'm already

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on the screen this is the letter of non-opposition by the community uh there was a meeting that was

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held back on October 29th of this. There was a lengthy continuance and that's why it's six months

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ago. But the letter is very recent. It was just written last week and they have no opposition to it.

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And they have no opposition to it.

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And.

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We also have the site plan elevation plan for this.

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And essentially.

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The photographs pretty much capture what it is, but I'm just presenting the plans, the elevation and the site plan for this. Also, let me get back to my exhibits.

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Why don't you show us where you drive in? I mean, is there a gate or something you go in there?

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Yeah. Uh, yes. Let me get to that.

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So I believe my, could I, could I call my client? I just want to make sure I don't want to misspeak.

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Could I call my client just to have her?

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Why don't you call your client?

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I know it's out of turn, but I'd like to have her specifically answer that question.

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Ms. Velez, could you raise your hand?

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I'll be coming back in as a panelist shortly, Mr. Chair.

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Okay.

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Did she raise her hand?

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She did not promote her, but it doesn't have to happen yet.

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Is she here?

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I know she was here.

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Thank you.

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Thank you.

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Hold on.

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Yes, I'm here.

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Hi, could you please state your name and spell for the stenographer?

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Maranjeli Velez, V-E-L-E-Z

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

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I do

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Please proceed, counsel

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Okay, Ms. Velez, could you, there was a question about where is it that the car comes in in order for there to be two car,

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in order for there

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to be the two car

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yeah through the side

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the gate open to the side

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which

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the gate on Tocawana

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Tocawana Street

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on the side

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is it reflected in

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this and these

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any of these pictures right here

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yes right there

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where I'm pointing a cursor at

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yes the side

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is that a bowl in the pavement

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That's a city ADA curb ramp for the sidewalk.

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That is not a curb cut.

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No, I'm saying, is that a pole in the pavement there?

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What is that?

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Well, right here where I have the cursor at, is that what you're asking?

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Where's your cursor?

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Yeah.

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I'm sorry?

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What's that there?

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What's that on the sidewalk?

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Right here.

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Yeah.

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Okay.

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Marielle, do you have any, do you know what this is right here?

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Is this a ramp?

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on the on the side that's the little poles prevent to prevent parking on the sidewalk

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and i had the permit for that

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okay but is this what is driven up in order to go into this parking that this parking that's right

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here? Yes. Okay. And this is, I guess, just another angle. Sure. Jermaine, why don't you

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get her to adopt your testimony? Okay. Sure. Ms. Velez, you've heard the testimony that I've just

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given yes do you adopt the testimony that i've just stated yes do you have anything to add you

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don't necessarily have to but is there anything you want to add no i'd also like to just so that

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the record is clear sure i wanted to show the tax uh the tax clearance good and the uh deed

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And the deed evidencing ownership of the property since 2016.

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evidencing ownership of the property since 2016.

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This fence was erected in 2021 after the second break-in.

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um and we have the notice of refusal application and the mailing out of the notices and proof of

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mailings to the interested uh to the to the neighbors that are affected the nearby neighbors

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okay and with that i would rest i would open it up for any questions that anyone

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may have about this sure thank you questions from the board yes um miss velez rodriguez i have a

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question it shows in atlas that you had an lni violation for the construction of a retaining

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wall without permits in 2020 is that true yes so when you got um when you had the violation in 2020

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why did you proceed in 2021 to continue paving and building on the site also without permits

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no it was i'm sorry it was the 2020 that it was made i had the violation after i made everything

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so this was done at one time so the paving and the fence and the wall were all installed at the

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same time yes in 2020 yes and then has your current plan been through a streets review at

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all have you submitted it for streets yes i believe i do yes so did streets put in a a curb

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cut for the city sidewalk so that you could access that like right now i'm trying to determine

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if it's just a paved side yard versus it being a parking pad

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i don't understand the question i'm sorry so your your permit right now is for the fence

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and for the parking and i'm asking you did you get a new city curb cut approved

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no the last time i was trying to do something they told me that i need to approve first for the

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And then did you verify if your contractor

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was licensed and bonded before they started construction?

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No, I did not.

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Okay. Other questions from the board?

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Questions from our attorney?

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I guess I just have to go back, too.

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Okay. So is this

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retaining wall piece that I guess

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I'm seeing here, and the fence.

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Is that all on your property?

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Is there any encroachment on the city's right-of-way?

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No, it's all on my property.

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Okay.

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And how do you get into this space?

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I'm still trying to figure out.

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The side of the house there.

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Yeah, I know.

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Right there, I guess.

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How do you?

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you there's a gate there's a big gate that you open and then there's the next

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a small gate that you open next to the stairs in front of the house

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okay where is this in front of the house there's another small gate

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can you point to where it is in the picture can you show us where that is on this yes in

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in front of the house

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in front of the house

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yes in front of the house

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on the calmly street side

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yes

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are we referring to pedestrian

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entry or vehicular

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entry

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how do you get a car vehicular

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it doesn't look like you could drive the car

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in through the

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it's in the plan

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the side

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the side fence open

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and then it's like the bar

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on the side

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and you're saying

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and there is no curb cut at this point

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you're just coming up over the sidewalk

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to get into this

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yes

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do you understand that

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if you were to receive zoning today

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and that you went to the city

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that it might require extensive reconstruction

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yes

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okay

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questions from our attorney hillary emerson not at this time mr chair questions or comments

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from the virtual audience i don't see any hands mr chair planning commission

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thank you chairman and good evening david febto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rs8

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chairman and board members the comprehensive plan recommends no change to the rsa3 residential

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single family zoning at this location there is no unique physical condition or circumstance of

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this property that would prevent it from being used in strict conformity with the zoning code

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the appellant appears to have built a fence without the benefit of permits the city is under a consent

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agreement to install americans with disabilities act compliant curb ramps the location of the

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proposed curb cut from Takawana Street will preclude the installation of an ADA compliant

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curb ramp. The City Planning Commission recommends that the board deny the proposed

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variance for accessory off-street parking and the variances for fence light and opacity.

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Jermaine, we're going to hold this over the weekend, I mean until next week. We're going

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to vote on this at 2 o'clock, 3.30? 2 o'clock next Wednesday, okay?

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Two o'clock sounds a lot better than 3.30.

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Thank you. I appreciate it. All right.

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Okay. Two o'clock. Okay. Thank you. We'll see you next, uh, next, next Wednesday. Thank you.

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Right. Number six, MI 2024, 007243, 5624 Chew Avenue. David Tusty is the attorney.

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A letter of unanimous support from the 12th Ward Democratic Committee.

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They're coming back in as a panelist, sir.

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Is that two days?

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Can you cancel?

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Cheryl, we can only see

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your forehead.

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We can only see your forehead.

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Now you noticed.

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Can you see me now?

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Good afternoon.

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There you go.

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There you go.

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The afternoon, counsel.

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