civus
Hearing video

ZBA Hearing - July 8, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 8, 20263h 54m

Thank you.

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Thank you very much. Good morning, everyone. My name is Bill Bergman, and I will be chairing

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this morning's ZBA hearing. With me is our Vice Chair, Tanetta Graham.

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Present, Mr. Chairman.

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Board Secretary, Sheila L. Gaston.

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Present, Mr. Chairman.

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Board Member, Michael Johns.

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Present, Mr. Chairman.

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Board Member, Tyia Nguyen. She should be here. And Board Member, Ryan McAdams.

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Present, Mr. Chairman.

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Also here is Layla Beebe.

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She's punching me already.

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I don't know what's going on.

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Also here is Layla Beebe.

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And so that everybody understands, she's new to the board.

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She's been here for a few meetings.

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We are very fortunate.

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She's a business agent for the Carpenters Union, a lifelong Philadelphian,

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and really, really understands the construction project.

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So, again, thank you for being here,

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and we appreciate you taking this assignment with us. Also present is our attorney Lynn Reuter-Uber,

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also our board director Ian Haggerty, and our board administrator Lakeisha Dandy.

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This hearing is being recorded and will be posted on the ZVA website. By participating,

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you consent to be recorded. This is an in-person meeting with remote participation,

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whether in person or on zoom if you're called to speak please state your name and spell it for

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the sonographer and also wait to be sworn in after you're sworn in each time you testify you're going

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to have to start by stating your name to enter an appearance indicate your at the indicate the

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property address on the zoom webinar speak with a staff member

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call the zba office by close of business tomorrow call 215-686-2429 and and provide your name email

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and the address of the property in question remote participation raise your virtual hand

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when you're directed to speak when you speak you have to click to join as a panelist button

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used the q a only for procedural questions not case comments if you if you are joining by phone

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press star nine to raise your hand and star six to unmute for in-person participation when

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testifying get close to the microphone so that all attendees and also the court reporter can

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hear you no talking eating or drinking during the the hearing aggressive behavior will not be

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tolerated in an emergency follow staff directions the main exit is the double doors in the rear

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the stairwell is to the left once you should get out there in the event event of an evacuation

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go over to love park which is across the street there on off of our street and please remain here

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so we can account for you. So let's look at our schedule for today.

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8, 12, 1. Okay, so number one.

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here let me see here here it is

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be with you a minute here yeah one here right um mi 2024 006086 777 state road i understand

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Mr. DeMarco is in the audience.

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Chair, they're being promoted to panels.

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Thank you.

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Can you hear me, Mr. Chairman?

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Good morning.

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Mr. DeMarco, could you please state your name and spell for the sonographer?

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richard demarco last name spelled d-e-m-a-r-c-o right do you swear or affirm to tell the truth

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

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the whole truth nothing but the truth i do

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I do. Mr. DeMarco, could you give us an update on this case?

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Yeah, sure. I know it's been listed a few times. There's a delay in, so surveyors are hard to come

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by these days. And we had the Planning Commission, in order to complete the amended refusal

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that the board has requested, the Planning Commission requested updated drawings. And

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It's a huge property, and they had trouble finding a surveyor, so I do need another continuance.

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I understand it's been listed quite a while, but we do intend to get it.

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We do have a survey now, and now we need to just mark it up and get the information that the planning commission wanted.

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So it's been an unusual delay.

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I apologize for that.

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Sure.

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We could always make it listed attorney moving party if you need to, but I understand that's part of the do now.

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but we we uh we're moving along but i appreciate the board's patience it's going to take another

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we're going to give this an august date okay it's fine all right so i am away august 5th to 12th by

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the way um okay i have to figure that one out um so later in august the date we have is the 12th

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could we have another date yeah i'm i'm on in the air on that day apologize all right so why don't

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we do this why don't we do this we're going to continue this we'll get back to you with the date

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okay yeah very well all right thank you so all right thank you very much all right all right

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take care everybody number two 28 20 38 hayne street which is mi 2024 006 090 that case is

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continued until 8 12 2026. number three mi 2025 004 186 1936 cecil b moore avenue that case has

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been withdrawn number four 35 23 north 24th street mi 2025 005051 that case is continued until 8 12 26

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at 9 30 number 4 35 23 24 street that's MI 20 25 005 051 that case is continued until 8 12 26 at 9 30 a.m

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number 8 33 23 ashfield street which is mi 2026 000 304 that case is continued until 8 12 26 at 9 30

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number 9 315 winoah street winoah street that is mi 2026 000 316 that case is continued until

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8 12 26 at 9 30 a.m and number 10 53 17 wayne avenue that's mi 2026 000 317

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That case is contained until 8-12-26 at 9.30 a.m.

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And number 12...

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Number 12 is MI 2026-000-349-6829 Chew Avenue.

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Sylvia Sinaia Williams is the listed owner this is the first listing we have no exhibits

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do we see anyone in the audience

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chair nope we don't have anybody in the audience at this time but we do have a hand

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up from jennifer bazitlow sure i had my hand raised for continuance on another case that's

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not related to this one let me handle let me handle this one okay okay yes all right so mi

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2026 000 349 68 29 shoe avenue uh that case is continued till 8 12 26 at 9 30 a.m and mark must

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be heard. And then number 13, MI 2026, 000-447-2548 Diamond Street. Alex Palmer is the listed owner.

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Diamond Street, Alex Palmer is the listed owner, and Mamie E. Talley is also of the Mamie E. Talley Trust.

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This is the first listing. We have no exhibits.

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I don't see any hands at this time, Chair.

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Okay. So MI 2026-000-447-2546 Diamond Street. That case is continued until 8-12-26 at 9-30-M. Mark must be heard. Are there any other requests for continuances?

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jennifer chair yes we have a hand up from jennifer bazillo and also strawberry mansion community

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concern okay let me go jennifer first all righty good morning chairman and members of the board

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hi could you please state your name and spelled for the sonographer sure it's jennifer bazitlo

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B as in boy, A as in apple, Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar.

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What case?

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I am asking for a continuance of 2005 South 4th Street. My client contacted me late last night

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that he had an emergency, a personal matter, that he was not available today. It is his personal

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home that's the subject, and I do believe it's contested, so I don't feel comfortable proceeding

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without him. Hold on one minute. Mr. Chairman is number five.

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Okay, there's what I got. I'm already past it.

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Yeah.

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She looks so big like this.

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Is there anyone in the audience here for the for that case?

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I see him in the back when he come up.

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Good morning, sir. Please state your name and spell for the stenographer.

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Thank you. My name is Pat Fitzmaurice, P-A-T-R-I-C-K, F-I-T-Z-M-A-U-R-I-C-A.

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

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Yes.

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We know there's opposition in this case. The appellant cannot be here. The attorney is requesting continuance.

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We're going to get a continuance. We'll do this in August, okay?

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Okay. I understand. Just for the record, there are two neighbors that are also here.

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And what we'll do is this will be Mark must be heard.

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Okay.

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And I agree to that. That's perfectly reasonable.

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Okay.

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Just, and also, I would just also note, this is not the primary residence for this applicant. It's an empty vacant lot. So I just want to put that out there.

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Okay. Thank you.

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All right. Thank you very much.

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All right. So number five.

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Mr. Chair, this is Ian Hegarty. Pardon the interruption. For the sake of time, I would recommend placing this on the September 15th, Tuesday, special hearing at 930 a.m.

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Okay. All right. So MI 2025-005-375-2005 South 4th Street. This case will be continued to September 15th at 930 a.m. and Mark must be heard.

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Thank you.

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Thank you. Anyone else?

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Chair, we have a hand up from Strawberry Mansion Community Concern.

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Sure.

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They're allowed to speak.

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Good morning.

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Hello, can you hear me?

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I can.

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Oh, good morning.

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My name is Bonita Cummings.

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Can you please speak your name and spell for the stenographer?

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Bonita Cummings.

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Yep.

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B as in boy, O-N-I-T-A, C-U-M-M-I-N-G-S.

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All right.

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I was just checking.

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Hold on, hold on, hold on.

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

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I do.

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Please proceed.

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What case?

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I was just checking because I thought I heard you say 2546 Diamond Street in the end.

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I was looking in the chat and I didn't see it, so I was just making sure it's 2548 for continuance.

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Diamond?

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Yeah.

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Yep.

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Okay, thank you.

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oh thank you um anyone else no hands at this time chair go to our add-on list

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number one mi 2024

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MI 2024-001-949-2900 Snyder Avenue, I vote yes, with amended, no, I'm sorry, hold on, this case will be continued to August 5th at 9.30 a.m., thank you.

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number two mi 2025 001287 9864 frankfurt avenue i vote yes michael johns my vote is yes

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cheryl gaston my vote is yes tenetta graham my vote is yes i mcadams my vote is yes

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number three

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number three mi2025-005-980-3409 goodman street i vote no michael johns my vote is no

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cheryl gaston my vote is no tennetta graham my vote is no i mcadams my vote is no

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number four mi 2025 007 240 2130 north 31st street

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i vote yes with proviso use applied to entire building also a certificate of occupancy to be

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obtained michael johns my vote is yes with provisos charles gaston wrote is yes with proviso

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ryan mcadams my vote is yes with proviso

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number five mi 2026 001 94 56 12 haverford avenue i vote yes michael johns my vote is no

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is no.

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Ryan McAdams, my vote is yes.

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Number six, MI 2025-004-680-5830 Whitby Avenue.

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The vote in this matter has been rescheduled to Wednesday, June 22nd at 9.30 a.m.

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Mr. Chairman, July 22nd.

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july 22nd at 9 30 a.m and number seven

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mi 2025 007 890 3301 um grand's back street

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we're going to move this run right we're going to this case will be moved

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to 7 15 at 9 30 a.m the vote is moved the vote pardon me the vote yeah thank you all right let's

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go so we'll go to the number and we'll go to our regular list now number six mi 2026 000 181 400

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north of Grove Street. Karen Tilly is the appellant.

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Good morning. Karen Tilly, T as in time, I-L-L-E-Y.

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all right thank you do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do our vice chair has a

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our vice chair has a few questions for you

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good morning good morning have you submitted your documents and exhibits five days in advance of

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this hearing yes okay and you are here for uh you're in a two-family household living right

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yes ma'am and your refusal was because it's a cmx two district and you should have uh other

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than residential uses on your first floors you agree to that yes ma'am but but when i purchased

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the property it was a two-family dwelling duplex okay so you want to get it legalized as yeah and

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then for some reason it came back as a commercial yep okay all the street on callahill two-family

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dwelling. All right, so you have, you're getting assistance with your case, so you can look at

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um you have you're getting assistance with your case so you can look at the screen can you see

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the screen. Can you see the screen? Can you just describe?

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the screen you just describe tell us what you're trying to do and you can describe the pictures

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that we're seeing too okay this is the hallway to the first floor and mind you there is no space

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for commercial activity there and moving on please another view of the first floor again no activity

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commercial activity available there that's the front door to the first floor

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that's one of the bedrooms to the first floor again no commercial activity second

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floor again no commercial activity space there bathroom second floor

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down the stairs to the second floor entry and that's one of the bedrooms and that picture to

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the far left is the picture of the building again you will see there's no commercial activity present

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and that's a picture of the zoning notice again the second picture and that is the picture in 08

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before prior to me purchasing the building and again you will see that the building

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structure is still the same today.

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Two floors.

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So, why don't you

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talk about what happened when you went to the RCO

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meeting?

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