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Hearing video

ZBA Hearing - May 21, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20255h 4m

Ms. Mosley

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Let's be coming back in as a panel

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shortly Mr. Chair

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hello

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

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Mike could you please state your name

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and spell for the stenographer

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my name is Kendra

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My name is Kendra Mosley, K-E-N-D-R-A-M-O-S-L-E-Y.

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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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Thank you.

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Ms. Mosley, you heard my testimony before the board today?

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Yes, I did.

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Okay.

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And is it true and correct to the best of your knowledge?

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It is.

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And would you adopt it as your own?

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I would.

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and could you give the board a brief idea of what your intended use for the property is going to be

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yes and actually i'm gonna see if barbara mosley i know you mentioned both names

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is able to get on it's kind of a family project and she's taking the lead i am

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the owner of the property

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and she's taking the lead on what the actual use is going to be

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well okay yeah council could you call her one please yeah can we call barbara mosley please

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thank you okay yes she is coming back one as a panelist okay thank you hello hi could you please

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state your name and spell for the stenographer barbara mosley b-a-r-b-a-r-a-m-o-s-l-e-y

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Thank you. Barbara, could you give the board an idea of what the intended use

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for your family and this property is? Yes. I intend to utilize the first floor

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and then the first floor in the basement for my personal use and then the two top floors

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to be used as rental

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for income purposes.

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Okay, and who

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would be living with you in the

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first floor unit?

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I'm living by myself, but I have

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grandchildren in the area, so

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you know, I do

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have a lot of company.

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Nothing further for Ms. Mungle.

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Did you adopt your testimony yet?

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I believe Kendra. Okay. Yes. All right. Questions from the board.

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Yes. Um, I'm sorry. What's the depth of the basement, the basement below

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great. But despite the fact that I'm very proud to know that answer, Mr.

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Johns, I'm going to defer to the architects just so I don't get it

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wrong. Sean and Scott, would you mind coming on the call, please?

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Actually, it was on the drawing. You know, I just the architect, I know

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Yeah, I believe it's eight feet.

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The architects are here.

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I just, you know, they're the professionals at it.

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So I just wanted to have them answer the question.

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Even though I believe I could have.

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Could you just zoom in a little bit?

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Because, yeah.

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That was actually my question, too, Mike.

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So it's pretty much completely submerged below.

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I think also, because I know the direction Mike's headed with his comment, there's an

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L-shaped bedroom, and for one of the bedrooms in the basement, the window well is in the

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L-shape, so it's really not going to provide that much light into that room, and so I am

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concerned as I think.

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So let's get your architect on, please.

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Sure. And Ms. Wynn and Mr. Johns, if I may, I think, you know, part of the thought process of this basement living was because Ms. Mosley intends to use it for herself. So, you know, she's aware of the...

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There's no difference. I mean, it's...

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Well, I just mean in terms of being aware of the potential lack of sunlight, it's something that they have discussed and then...

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But if it's ever sold or if it's ever rented out, it's just eight feet below grade with minimal light and air.

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It's just a dismal living space.

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It just it just is.

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All right.

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Do you have your architect here?

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Yes, I am here.

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

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Sean Kennedy, S-E-A-N.

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Excuse me.

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and last name kennedy do you swear or firm to tell the truth the whole truth nothing but the

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truth i do sean have you heard the questions they're talking about yes regarding how the

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basement level is eight could you please please give us your insight um so yes the basement level

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is eight feet below grade um there is ample ceiling height though as the first level above

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There is ample ceiling height, though, as the first level above is two feet up above grade.

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is to feel

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And as the plans show, we are supplying the large windows suitable for egress as well.

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So I think we don't have a concern about the natural lighting entering those bedrooms.

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you get one foot of snow and you're completely buried underground literally one foot of snow

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you're completely buried underground what what kind of coverage would be on those um egress wells

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it would likely be a a metal grate covering i mean if the yeah the the um design could be

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you know developed further if um to the chair to michael's comment about how um if you get snow

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if the grades needed to be lifted off grade a little bit to counter that

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other questions from the board yeah i think my question is more around the hardship right this

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is a rsa5 lot you're trying to put two units on i feel like you could have fit a duplex with one

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bedroom and had all of the living spaces been above grade so what was the justification for

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having two two-bedroom apartments um trying to provide the the parking and as well as making

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accommodations for the trash area obviously reduce some room but sean and and or scott if

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either of you want to field that question a little further please i don't know that that's

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an architect question i think that's an owner question because you could have had the same

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first floor unit on the first and second floors and had a one-bedroom apartment on the third floor

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so i don't know that it's the architect's question

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i will let my mom i'll let barbara answer why because she is a fan of light

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And as my mother, I do have the same concerns about what happens when there is snow and can she get out?

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I do understand the safety concern.

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So are you still on?

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Yes, I'm here.

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I personally didn't have any concerns about the light issue.

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uh never really thought about snow as someone mentioned uh if i can just interrupt that was

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actually not my my question my question is about the hardship um you know to have this is a single

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family zone property they're now we're being requested to put two units here and a parking

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space and the decision to have two two bedroom units is what is sort of justifying or necessitating

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facilitating the full use of the basement. So this project could be done on the three above

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great stories with a one-bedroom apartment above the two-bedroom sort of duplex, I mean, sorry,

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bi-level unit. And so my question is, why two two-bedroom apartments?

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Well, Alag, can you have your clients answer that? Yeah, Ms. Mosley, if you understood the

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question. Board member Winn is asking why the decision was made to do larger apartments as

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opposed to potentially a one bedroom on the first floor and then or by levels just utilizing the

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three floors that are above grade. I just thought it would be a good use of space to do the two

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bedrooms in the basement yeah i think it's probably an income you know she'll live there

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part-time um and it's probably a quality of life issue just in the bigger space

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and barbara is it also because you intend to have the grandchildren as guests and things like that

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to have the two bedroom for yourself yes yes i definitely need two bedrooms okay um any other

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questions from the board is there any opposition to raising the building to give uh to to move to

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pull the basement floor out of the base you know higher yeah towards grade i would have no objections

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if you know that's what's needed so so all lock left i i think you see the issues i do i think

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I think a couple of board members have explained it very well.

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What I want to do with this is give this as a resumptive hearing.

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What I want to do with this is give this as a resumptive hearing and I want you to come back.

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And I want you to come back and tell us where you stand.

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I mean, we'll certainly take the board's comments into consideration.

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This is going to be a resumptive hearing and we will do it on 8, 19, 25 at 9 30 a.m.

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8, 19, 25 at 9 30 a.m.

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And Hillary, this will be open to see where we stand.

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Right. I'm not going to close it.

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And you know what? I'm going to have, do you want to wait until they change? All right. So planning wants to make it, their voice is heard here. Okay. And then we'll just take public testimony based on the, for the whole thing, including any revisions at the next hearing. Yep. Okay.

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thank you amy boyb with the planning commission the planning commission recommends no change in

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zoning at this location from the existing rsa5 residential single family there are no unique

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physical conditions or circumstances of the property that would prevent it from being used

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in conformance with the zoning code the planning commission recommends that board deny their

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requested variance for multifamily okay so we're we're going to continue this as a resumptive

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hearing on 8 19 25 at 9 30 a.m. he'll come back and tell us where you're staying he'll take

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questions from the board uh we'll have opened it up to the um the public and we'll go back to

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planning to see if in fact they have any interest in changing their decision as to where they stand

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okay understood thank you thank you very much okay thank you all right thank you i have to drop off

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now okay so um i'm going to take a five minute break the first of all is there anybody in the

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2 p.m group who have not had their case heard okay so we're going to take a five chance here

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for me do not see any hands raised oh thank you jason i'm glad to hear that

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we'll come back in five minutes and we only have a couple more cases left

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okay here we're back good afternoon my name is bill bergman and i will be chairing this

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um 3 30 meeting of the zoning board of adjustment with me is our vice chair ismail shaheed

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president mr chairman thank you our board member cheryl l gaston

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Oh, that's right. Our board member, Tanetta Graham.

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Present, Mr. Chairman.

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And our 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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Also, a recording of the hearing will be posted on the ZBA website.

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By participating, you consent 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 before beginning your testimony.

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

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There are three ways to enter your appearance.

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You can identify the case property on your Zoom webinar.

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You can see a staff member 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

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and the address of the property of the appeal case

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filing guidance is for our remote attendees

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first, when directed by the chair

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you must raise your virtual hand

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in order to be recognized to speak

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second, if you're called to testify

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you will be prompted to join as a panelist

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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 nine to raise your hand and start six to unmute.

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We also have directions for in-person attendees, but the room is empty.

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So we're going to go and look at our schedule for this afternoon.

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number three mi 2024 004 956 2901 south randolph street um this is the

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second listing we have no exhibits um john mccrillo is the listed owner

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and cgi construction is also involved

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mr mccrillo

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do we see anybody in the audience

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thank you so mi202400495629

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So MI 2024-004-956-2901 South Randolph Street, this is the second listing, no one appeared the first time, I vote to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Iowyn, my vote is to dismiss.

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Ishmael Shahid, my vote is to dismiss.

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Thank you.

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Number four, MI2024.

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Ishmael Shaheed, my vote is to dismiss.

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We have it, sir.

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Thank you very much.

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Number four, MI2024-004-985-10168-280, Busselton Avenue.

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Mark Cliff, MRC Electric, and the listed applicant is First Pennsylvania Bank and Trust Company.

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No exhibits, second listing.

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No one appeared.

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Mr. Chair, I just wanted to note for the record for this one that they may have attempted to withdraw this matter. It was unclear. Instructions were provided back in December for how to withdraw, but we have not received a formal letter.

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Very good. Thank you. So this is the second listing. Is there anyone in the audience for

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this case? Thank you. So MI 2024-004-985-10168-280, Busselton Avenue. Second listing. No exhibits.

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I vote to dismiss. Tanetta Graham, I vote to dismiss.

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Hi, I win. My vote is to dismiss. Thank you. So number one.

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Ishmael Shahid, my vote is to dismiss. Thank you, Ish.

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