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Hearing video

ZBA Hearing - July 8, 2026

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

okay um questions from the board yes what's the square feet for the studios the studios

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are the second floor is 320 square feet and the third floor is just about 300 square feet

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that third floor is a little tight you think i mean for two minutes i mean i'm just curious i

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mean i'm not disagreeing what did but yeah it's a little tight i i mean with with respect you

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know there are there are and have always been tenants uh living in there um you know i think

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people need we didn't even put electric up there i mean we only had one meter right up to 25

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why the the meter the electricity was just paid uh in common sure yeah um but i you know again

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there there are very happy tenants here i i you know i i believe that the smaller unit that you

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are identifying uh is a is a um single older adult that you know the space is exactly what

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they need and i think you know they're having some flexible unit sizes is is really beneficial

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I know that the RCO is going to come on. What do you think happens?

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I will leave it to Patrick to share. I mean, again, I think from my perspective, they don't want to create a precedent.

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And I fully understand that. But this is a unique property. It is on a multifamily block.

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You know, folks were not opposed to this, and they seem to understand that it's always been four units.

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So I think there was maybe some distraction because of the commercial space.

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If I had to write other questions from the board.

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Questions or comments from our attorney.

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None at this time.

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Questions or comments from the virtual audience.

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I see no hands at this time, too.

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What's that?

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She said she saw no hands.

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Come on.

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i swear you in one time today earlier earlier today so actually that was a long time ago right

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earlier today so actually that was a long time ago right there was one in the morning and there's one

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there was one in the morning and there's one now

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now get around just for the record please state your name sure uh patrick fitzmaurice p-a-t-r-i-c-k

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f-i-t-z-m-a-u-r-i-c and i've already swore you in so please start your testimony yes um good

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afternoon board my name is pat this is your document too right dude yes i authored that on behalf of

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the board and then it was approved by our board all right thank you so i'm the president of the rco

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So as you noted, you already received our letter.

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It's a little lengthy, but I think it tries to encapsulate where we came down on this

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and what was under consideration.

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So I don't want to waste time reiterating it.

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I just kind of wanted to respond to some of the things that were said earlier.

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The first thing is I wanted to make sure, you know,

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my understanding is that this is owned by an LLC or a business.

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Maybe I'm mistaken, but I just wanted to note that, you know,

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references to the the owner and you know his mother who's passed away that's not entirely

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accurate this is an investment property owned by a business um the other thing i would want to note

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is you know there was a couple comments about surprise here um the applicant didn't say that

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anything in our letter was inaccurate um and the points that were raised in the letter were raised

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at the meeting um so i'm not really sure where the surprise comes from um i would want to comment

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that while the neighbors that were in attendance conveyed they did not oppose a request for the

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apartments, the overwhelming focus was derailed to discussing the first floor. So in my experience,

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what happened here was the neighbors were more akin to saying, we don't really care about the

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apartments. What we really want to talk about is the first floor, which I can appreciate is not

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before the board today. I've lived in Pennsport and the adjacent neighborhood Whitman my entire

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life. I'm not aware of any building that approaches the level of density that's being asked for this

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three-story row home the applicant talked about a number of the surrounding

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buildings to my knowledge they're all triplexes they're not five uses that are

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being asked to be in three floors the applicant noted that the apartments are

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currently occupied as I noted in our letter I would respectfully say the

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zoning code doesn't contemplate an advantage or a presumption because an

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owner illegally operates multi-families there. I listened pretty intently to the entire presentation

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trying to hear what the hardship here is. I think I heard an attempt at two. The first I heard was

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that this was never a single family and has had tenants. I agree. It's a multi-family. All the

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other places that are around that are multi-families, but they're triplexes, three uses on three floors,

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not five uses on three floors. The other potential hardship I heard was that it would cost this

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business too much to comply with the law. I respectfully disagree that it's a hardship.

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We've had a number of presentations in Pennsport over the time that I've been on the board.

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We often hear this, that someone either can't rent something out and make a profit or that

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they can't sustain the loss. Our board has taken the position that that's not a hardship. You can't

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just circumvent the zoning code because you made a bad investment or your investment's not going to

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pan out the way you thought it would um the only other thing is like i said um i would just note

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that this is like the applicant said it's already a multi-family with two units upstairs up top um

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so to now allow this to be four units just opens the door for every place that she's talked about

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and that she has up on this map

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to then come into us and say,

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well, now I should have four units

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and I should have four units

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and why not five units?

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And I don't understand where to draw the line

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other than say what we've traditionally said,

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which is if you want to have a triplex on three floors,

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let's have a talk about that,

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but certainly not five uses on three floors.

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I mean, that's egregious.

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So thank you.

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Meredith, do you have any questions?

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No questions, but I'm happy to respond.

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Okay, is there anyone else going to testify?

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

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Sure, Ryan Fraschella, last name F-R-A-S-C-E-L-L-A.

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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.

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And are you a neighbor?

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I am.

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Please proceed.

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live across the street. Um, so I'll let Pat's testimony comments, um, stand for themselves.

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And really the only point that I want to hammer home here is the opposition to the density,

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just the pure density of what this is asking for. As Pat mentioned, you know, five uses in a three

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story building is a lot. I mean, we walked the neighborhood and by our estimation, this would

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hood and by our estimation this would be one of the densest parcels in pensport i mean there are

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be one of the densest

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not many others where you can point to five uses on one parcel and so today my comments i just you

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know were opposed to the density thank you i do i do have a brief question for him

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so you mentioned that you live across the street is that right were you aware that there were

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four apartments in this property yes um and how long have you been aware of that

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probably five years that's that's a half right thank you thank you

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yeah you wanted to respond yeah anyone else in the virtual audience

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but just just very briefly um

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It's extremely common, even when somebody inherits a property that they own it in an LLC for protection that does not change the fact that Kirk inherited this property from his mom.

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So I I did want to just correct that the other thing I wanted to to clarify is that I I think my colleague here alluded to the fact that this is 2 units being converted to 4.

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and that is not the case that we have presented to the board nor is it consistent with what we have

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shown the board in terms of photographs and this board has recognized in many of these similar

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cases that a hardship does result when somebody either inherits a property or purchases a property

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in a condition that is not to their own creation and as i mentioned kurt has lived in japan for

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about 20 years now um so you know the the conditions of this property that he has inherited

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are in no way to his own doing he is here voluntarily as i said there are no violations

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on this property uh and he is simply trying to ensure that the permits are consistent that rental

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licenses are up to date and that the certificate of occupancy reflects the actual physical

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conditions of the property uh and as you heard from from the neighbor even they were aware that

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was four units here okay good job yeah thank you um planning

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amy boy with the planning commission the comprehensive plan recommends no change in

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zoning at this location from the current cmx1 commercial mixed use the city rezoned this

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neighborhood in 1999 in a council supported map change the property has a documented history of

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two dwelling units and a commercial use they requested four dwelling units would constitute

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an overuse of the property the planning commission recommends that the board grant the request

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adherence for multi-family but with max two units um council i'm going to take this under

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consideration we'll vote next wednesday at 9 30 a.m i just want to make sure i talk to all the

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board members and we see where we are noted okay thank you mr chairman i just want to put on the

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record that the records closed oh thank you the records closing well you know we're except for

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the vote we're going to vote that's noted thank you um we have the 3 30 list could we take

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a four and a half minute break

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i was last again a four and a half minute four and a half minute break please

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Bill? Thanks, Bill. Good afternoon, everyone. My name is Bill Bergman. I am chairing this

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meeting for the Zoning Board of Adjustment. With me is our Vice Chair, Tanetta Graham.

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President, Mr. Chairman. Board Secretary, Cheryl L. Gaston. President, Mr. Chairman. Board Member,

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Ryan McAdams. President, Mr. Chairman. Board Member, Leila Beebe, who was our newest board

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member and doing a wonderful job, and I think she's having a good time today personally,

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but that's besides the point also president our sorry attorney lynn royer uber also um our zba

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director ian haggerty our board administrator lakeisha dandy this hearing is being recorded

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and will be posted on the zba website by participating you can you you consent to be

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recorded this is an in-person meeting with remote participation whether in in

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

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wait to be sworn in and after that each time you testify please state your name

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to enter an appearance statement indicate the property address on the

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zoom webinar speak with a staff member call the zba office by close of business tomorrow

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call 215-669-2429 and please leave your name email

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2429, and please leave your name, email, and the case address.

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Remote participation.

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Raise your virtual hand when directed so that we can call you to speak.

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Before you speak, make sure you click the button, join as a panelist.

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Use the Q&A for procedural questions only, not questions about the eventual cases.

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If you are joining by phone, press star nine to raise your hand and star six to unmute.

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In-person participation.

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If testifying, get close to the mic so that the court stenographer and everyone else can hear you.

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No talking, eating, or drinking during the hearing.

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Aggressive behavior will not be tolerated.

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In an emergency, follow the staff instructions.

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The main exit is through the double doors at the rear, and the stairwell is to the left.

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If we evacuate, please go to Love Park, which is directly across the street, and remain there so we can account for you.

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So let's look at our cases that we have this afternoon.

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Number one, MI 2023-002-607, 3836 North 17th Street, that case is continued to August 19th at 3.30 p.m., right?

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Actually, we're going to hear it?

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Well, no, no.

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Okay.

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In this one, the case of MI-2023-00267 is actually a duplicate case.

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It's a what?

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It's a duplicate case.

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The 23 is a duplicate case.

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The other matter, MI-2025-006634, was continued from April 22nd and was announced to be heard today but didn't get added to the calendar.

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So that this appeal, the MI-2023-002607, can be dismissed.

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But the newer appeal, the one that's MI-2025-006634, will be rescheduled to August 19th, 2026 at 3.30 p.m.

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And it must be.

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Oh, thank you very much for doing all of it.

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All right.

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All right.

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Sean, Sean, are you here, Mr. Ward?

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Yes, Chair.

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I'm going to allow Sean Ward to speak.

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the other one i am here mr chair i'm mr ward could you please state your name and spell for

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the stenographer john s-h-a-w-n ward w-a-r-d 34 applicant do you swear or affirm to tell the

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truth the whole truth nothing but the truth i most certainly do you heard what our council said uh

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Where do you stand with this case?

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Yeah, I am fine.

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There are duplicate appeals filed on this matter.

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I'm not sure why that occurred.

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I filed the original appeal, and then I was provided with a refusal for the second application, which was refused.

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However, I would ask that a later date be given or this be a turning moving party because I need to schedule.

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I mean, here we're in July, and you're scheduling after August.

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I still need to meet with the RCO.

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So I don't know. I don't know that I can get that in before the August listing.

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So, counsel, this is Lynn Riedelhuber, board counsel. You're okay with the 2023 case being dismissed?

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Yeah, I had sent a email or a request in the past that they be consolidated. And so a dismissal of one.

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All right. Let's start with that. MI 2023-002-607-3336, North 17th Street. That case has been withdrawn, right? And the next one will make attorney moving parties?

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Yeah, that would be great.

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All right. So MI 2025-006-634-3336, North 17th Street. Cases continue to turn a moving party.

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and mr chair do i see the karima is back who karima cantana isn't she uh

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no no oh okay uh a different a different thing okay thank you thank you thank you for all right

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she she never

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All right. Number two, MI 2026-000449, 1233 South 58th Street.

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No exhibits, first listing. Herman Newsome is the...

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No exhibits. First listing. Herman Newsome is the listed owner. And also Daniel Davis is the listed applicant. We don't have any. Why don't you take a seat? Okay. Why don't you get close to the mic. All right. Turn on mic. Is mic on?

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All right, great.

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First of all, could you state your name and spell it for the stenographer?

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Yes, Daniel Davis, D-A-N.

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You've got to get closer.

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Okay.

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