civus
Hearing video

ZBA Hearing - February 15, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 15, 20233h 42m

You see the file now? Can you see it?

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no can you see this yes can you open maximize the document so we all can see

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maximize document yes yes very well yeah i'm sorry you can go through with your presentation

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it's perfectly fine thank you kindly yes i'm just uh trying to see uh by the way your honor the uh

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the uh gca approved my uh my um my request uh actually they conducted uh their own um meetings

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and everything and then i have letters here that prove okay so why don't why don't you show us that

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letter yes uh hold on uh proviso letter uh this is the proviso date they actually uh set up for the

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property. Owners will be responsible to keep all sidewalks clean and passable during deliveries.

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Workers will not disrupt the lives of the neighboring homeowners by parking cars or

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trucks on the sidewalk. Deliveries must not disrupt the normal traffic patterns in the area. We

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owner get exterior security cameras and register with them with the city of philadelphia safe time

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program trash must be hauled by a private disposal company if it exceeds city limits or creates a

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worded problem uh business can only sell items directly related related to its baking um business

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Can I see where they say they approve it, where they're not opposed?

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Yeah.

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Okay.

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Yeah.

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Here is a letter.

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Dear Mr. Disseco, typically this section would be...

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Go up a little bit more.

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I want to see the final position.

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Yes.

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Hold on.

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Go up a little bit.

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Here is the final position.

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support with provisos attached and it says not opposed with provisos attached so we have mr

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chair sorry this is hillary i this is not the letter that i received regarding this application

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um so yes we received a letter of opposition i'm gonna check on the date to see if that it was

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the if it was dated before or after this letter but we just i just want to note for the record

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we did not receive this letter from the RCO.

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Yeah, this was sent in February 9th.

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Oh, it's brand new.

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This is a brand new letter.

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Okay.

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So this is a new letter, Hillary?

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Yes, this is a brand new letter then.

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Yes, we did not receive this letter.

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Do me a favor.

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Could you show a couple of photos of your property?

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Yes.

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We'll go back to the file that I had before.

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and I'll show you, hold on one second.

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Should go to,

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ah, hold on.

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No, I wanna move this, hold on.

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I wanna move this and as soon as I move this,

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I'll be able to show you a couple of pictures

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of the property, no, that's not that.

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Where is it?

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I'm sorry, exhibit M,

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oh yeah yeah i'm gonna have to pull another i'm gonna have to pull uh for them if this would be

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opened golden can you see this one too this is from my email yep that's fine let's just see some

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photos of the place you can see that and you will see you will see i can't sorry okay yes hold on

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one moment can you see that now i i can i need to see the photos the photos i will i will i'm

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bringing you down, as long as you can see this file. Okay,

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thank you. You will see them. Hold on, I'm bringing you down

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Hold on, I'm bringing you down to them.

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to them.

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I'm sorry for all this, by the way.

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I had to run, get my kids out of school while you were doing this.

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I was stressed, everything.

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For autistic children, I have to take care of.

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It's not easy.

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Yes.

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Hold on, start.

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So this is Pauline. Do you have it open in one of the other tabs that you have up top?

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Yeah, hold on. Every time I click on it, it seems to be giving me a hard time. The pictures

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are all the way on the bottom on the uh if you just give me a little bit don't get this stress out

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all right well the almost almost there

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okay that's the uh that's the posting that's the thing uh okay thank you yes and uh and we're

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I mean, that's the front, which is 7,200 Marsden.

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That's the house and the property.

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And if you go down, you will see the other pictures,

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which has to do with the welding.

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The entrance to the storage, right?

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That's inside.

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Yes, yes.

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This is the inside where the bakery would be located,

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where I would normally put the instruments.

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and and this is this is the interior uh is the entrance is the entrance on the side of the

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building uh on this side yes on willington it's not even on masden this is what i was going to

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show you uh hold on this is where that white brick is right exactly this is where it is and

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There's stairs on the back where we can do a back entrance to the home.

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And this is the entrance of the store right there.

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And the front is, yes.

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And then there are other pictures to actually clear that up.

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And the store is going to be a bakery, am I right?

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A bakery, yes.

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We had this bakery in New York.

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in new york uh and this bakery has been there for 47 years almost 48 years baking bread yes

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so i move here i move here with my four children which are autistic and i'm looking for a better

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way and i bought the property the property cost me $380,000 because it was uh conceived as a

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mixed-use property and perfect for family with autistic with children with autism because i can

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just drop there the bus pick them up i can walk here i have a master's degree in sustainability

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management i could walk elsewhere but the bakery has been my lifeline in order to be able to take

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care of the children and that's exactly why i actually moved to philadelphia and look for the

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mixtures property here to be able to uh to take care of them okay and um and this is a letter from

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the uh from the um forgive me the presentation it was that that those like this is a letter from

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the infinite uh mortgage which sold us the property which actually explained why actually

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i bought the property they agreed upon it to look for that this kind of property for me

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to be able to function all right your honor if you have any question if the board has any

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okay mr land mr land okay questions from the board no mr chairman

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Mr. Chair, this is Hillary.

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I just have a quick question for Mr. Leon.

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Regarding the proviso letter that you showed previously, did you have a chance to review those provisos?

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And are you in agreement with any or all of the provisos?

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I am.

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And it's because of whatever the award system would agree upon within the minutes and also with the online process where we had a lot of residents gave comments.

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we had a lot of residents uh gave comments and they set up the proviso and i agreed upon the

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And they said.

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proviso and then that's how the tca uh allowed me to uh continue with the project okay so you

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are in you are in agreement with all of the provisos that they listed in their letter okay

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thank you thank you very much yes questions or comments from the virtual audience i see no hands

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chair planning thank you sir david vecto city planning commission the comprehensive plan

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recommends no change the residential single family zoning at this location this property

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has a documented history of ground floor retail accordingly the planning commission recommends

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the board grant the use variance okay thank you hillary how do we how do we want to handle the

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proviso mr sheriff since um i have not uh had a chance to look at the letter and determine what

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provisos could be added to a decision by the board if we can hold for one week um that will

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be ample time okay so mr leon yes thank you for your testimony number one we're going to close

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the record on this and then we're going to go look at the provisos and see what's appropriate

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and what's not we will vote on this next week at 2 p.m at 2 p.m okay all right and thank you very

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much yes if you if you could please forward the letter to us that you shared in your presentation

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that would be great yes and i could ask i i could ask him i could ask um mr um uh to actually send

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you that letter but if you give me the email right now that would be excellent yes yeah the emails

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the emails that you have been using to communicate with with the board are the same emails you can

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send the letter to him okay okay i will definitely be after the meeting right away i'll send it right

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thank you thank you mr leon thank you thank you very much thank you and thank you and god bless

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you thank you very very much thank you thank you yeah um is there anyone whose case has not been

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called on the 2 p.m list i see no hands too okay so let's take a five minute break and then we'll

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come back and we'll handle the uh the 3 30 list okay five minute break okay okay chair

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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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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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are we looking

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uh court reporter are you back yes i am thank you

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Court reporter, are you back?

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Yes, I am.

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Thank you.

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Everyone else back?

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Mr. Tom?

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Yes, I'm here.

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So, Chair, you can begin.

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Why don't we start recording?

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We are good to go, sir.

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Ready to go?

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Good afternoon. My name is Bill Bergman, and I will be chairing the 330 ZBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Tom Holliman.

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Present, Mr. Chairman.

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And our Board Member, James Snell.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Be advised, the proceedings are being recorded.

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The video will be available by contacting tanyasunkett at phil.gov.

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

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If you participated 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 finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at continuances that we have for this afternoon. So number one, MI 2022, 6,200 Dickens.

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Dickens, that case is continued. Number four, MI 2021, 004, 011, 223 East Springer. That case is

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continued attorney moving party. And number five, MI 2021-004-012-225-E Springer, that case is

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continued attorney moving party. Are there any comments relative to those three cases?

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I see no hands, Chair. Are there any requests for continuances?

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um i see mr steve masters with his hand raised hi mr masters could you state your name and spell

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for the court reporter please um good afternoon mr chair members of the board my name is steve

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masters s-t-e-v-e-m-a-s-t-e-r-s right do you swear or firm to tell the truth the whole truth and

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nothing but the truth i do your case is mi 2022 001 771 2641 west york street

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That's correct.

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And you would like a continuance?

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We would.

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The RCOs have requested that our clients engage in certain due diligence activities concerning his plans and the various other items connected to opening up the restaurant.

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And we require additional time for that.

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Thank you, Mr. Masters.

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That case is continued.

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So MI-2022-001-771-2641 West York Street, that case is continued.

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Are there any other requests for continuance?

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I see no more hands, Chair.

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We also have a case that we do not have exhibits for.

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MI-2022-001-767-2544 Turner Street.

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Daniel Wu is the owner.

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It's a pro se.

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No exhibits.

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Second listing.

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