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Hearing video

ZBA Hearing - May 18, 2022

Philadelphia Zoning Board of Adjustment (ZBA)May 18, 20224h 45m

particular case chair i see no hands at this time are there any other requests for continuance

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off the 330 list chair we have mr demarco with his hand up mr demarco please unmute yourself

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and wait for the chair hi mr demarco could you state your name and spell for the court reporter

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Good afternoon, Mr. Chairman. Yes, Richard DeMarco, D-E-M-A-R-C-O. Good afternoon.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Which one of your cases, sir?

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Well, I have two cases today, Mr. Chairman. There's a continuance request from the RCO

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for 4147 Girard Avenue.

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Okay.

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We had our neighborhood meeting last night. They asked for a continuance.

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They were very late, though, to make the formal request to the board, but I am constrained to let you know that I did agree to the continuance, and we do need to continue this case because they do want a continuance for another RCO meeting.

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Thank you. MI 2022-000-455-4147 West Rod Avenue. The case is continued.

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Thank you.

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Is there any other requests for continuances?

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Chair, we have Justin Crick. Mr. Crick, you can unmute yourself and wait for the chair.

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Thank you. Hi, Mr. Crick, could you spell your name for the court reporter?

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Yes, Justin Crick, J-U-S-T-I-N-K-R-I-K. You swear for him to tell the truth,

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the whole truth, and nothing but the truth? Yes. What case, sir? I am here on the property

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address 4241 Boone Street, MI 2022-000451. I represent the applicant, and we are requesting

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a continuance to revise plans and possibly resubmit after speaking with the Neighborhood

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Association. Thank you, sir. MI 2022-000451-4241 Boone Street, this case is continued. Are there

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any other requests for continuance? Chair, we have someone by the name of Joyzel Mont.

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Ms. Mont, please unmute yourself and wait for the chair.

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Hi, could you state your name and spell for the court reporter?

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Yes, sir. My name is Joyzel Mont, J-O-Y-Z-E-L-L, last name M-O-N-T.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir.

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Your case is 3019 North Marshall Street?

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Correct.

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You want to continue that case?

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Yes.

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Okay.

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That case will be, Mark, must be tried, okay?

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So the next time you're going to have to try it, have the exhibits in, okay?

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Okay.

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All right.

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MI 2022-001-370-3019 North Marshall Street.

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Cases continue and must be tried.

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Chair, I see no other hands at this time.

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Our regular list we're going to go to MI 2022-000-458-1711 Jefferson Street.

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Mr. DeMarco is the attorney.

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Council President Clark's office acted as the coordinating RCO on this.

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They have not taken a position.

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Mr. DeMarco is coming back in as a panelist now, Chair.

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oh hi let me just fix my uh camera

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okay hi mr demarco you've already been sworn um could you identify your client and their

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relationship to this property yes it's yuan da construction the client is michelle

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who is uh should be up with us on the call okay thank you our vice chair the owner our vice chair

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has a few questions for you sure rich you agree to wave the reading of the refusal and stipulate

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to its accuracy yes i can have you emailed the exhibit packet with required documents consisting

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of proof of ownership tax compliance refusal or referral photos under plans of the property

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refusal or referral photos under plans of the property five days in advance of this hearing

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five days in advance

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and have you met with the rco and do you have a letter yes we have you may proceed

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and um please share your screen thank you thank you uh so this application uh members of the board

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concerns this curb cut this existing curb cut right here and this property at 1711 jefferson

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It's a corner property. I wanted you to see this vista, this view, what we are proposing.

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And the reason why we were refused is we are redeveloping this property.

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And what we are doing is utilizing this existing curb cut, which fits two cars for the new use, which is a permitted use.

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The only refusal is for this curb cut, which will not be a new curb cut, but we will be utilizing the existing curb cut the way it is being currently used, which is for two accessory parking spaces.

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The reason why we were refused is even though the use is permitted, because there's a change of use, because it's the side of the lot, it is prohibited under the RM1 zoning classification.

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But I wanted to point out that we are not changing anything.

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We are really requesting to utilize the curb cut that's existing for two cars as it is currently being used.

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um the neighbor's complaint was about the density of the project but the lot and let me go to my

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exhibit the lot is extremely large uh it's almost 4 000 square feet it's a double lot um and

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um it's an as of right project so as you can see from refusal right in front of you that is the

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only refusal and it is for existing conditions to utilize that existing lot but the neighbors were

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upset um and they didn't they're not opposing the application i think it's for the reason i'm about

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to state which is that the if you don't allow the variance the um there will have been there'll be

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no parking for the for the new multi-family use on the block on the on the property excuse me and

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And let me show you our site plans. By the way, that's our poster. Let me collapse this a bit here.

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If they were, their objections were more to the use, which is permitted, rather than to the parking. They actually want more parking for the units. So I think we're actually consistent with their concerns for that reason.

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uh there's plenty of rear yard space for um the units we will store trash which is accessible to

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all tenants uh in the rear yard you can see the turn in here um

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see what else and you know that's really about it um mrs michelle huang is with me on the call

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We would just say that we're not displacing any on-street parking, as you saw from the Google Earth image.

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And there actually are other curb cuts.

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There's one right across the street.

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Let me go back to that.

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There's one here.

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There's curb cuts down here.

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There's no parking on our side of the street, so we're not displacing any parking.

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And as a matter of fact, we are just utilizing the existing curb cut that's there now for the two cars.

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It is a nine-unit apartment building.

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We meet the code and then some for the nine units.

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It's an RM1 property.

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There's a number of RM1.

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Let me show you the overhead so you can see that.

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There is some RM1.

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There's a lot of RM1.

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There's a little carve out there, but our properties here, the entire block is RM1, and that's why we're, our project is as of right, but for the curb cut.

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That's all I have. I would ask Michelle to raise her virtual hand so she can adopt my testimony. Happy to take questions. Michelle, please raise your hand virtually.

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Ms. Wang, please unmute yourself and wait for the chair.

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good afternoon uh can you hear me yes could you state your name and spell it for the court reporter

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please yes michelle huang m-i-c-h-e-l-l-e last name h-u-a-n-g do you swear a firm to tell the

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truth the whole truth and nothing but the truth yes i do proceed mr demarco miss swang did you

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miss swang did you hear my factual statements and can do you adopt them as true and accurate

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hear my factual statements and do you adopt them as true and accurate

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it.

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and as your own testimony today yes happy to take questions mr chairman and members

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questions from the board no mr questions or comments from the virtual audience

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i see no hands at this time chair planning commission ron bednar city planning uh this

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property is indicated for residential use on the city plan given the surrounding context of parking

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we recommend the quest for vans be granted thank you r mi 2022 000 458 1711 jefferson street i vote

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yes carol tennari my vote is yes thomas holliman my vote is yes james snell my vote is yes

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Ishmael Shaheed, my vote is yes.

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Thank you. Have a good afternoon.

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Thank you.

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MI 2022-000450-5100 Chester Avenue.

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Darlene Treat, letter of support from the Southwool Philadelphia District Services.

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This three is coming back in now as a panelist.

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Hi, could you state your name and spell for the court reporter?

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Commissioner, can you hear me?

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I can.

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Good afternoon.

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It's Darlene Threatt from Darlene Threatt and the owner, Ms. Fusia Moussi.

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Okay.

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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, I do.

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Our vice chair has a few questions.

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Hi, Darlene.

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Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all questions.

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Okay, thank you. You may proceed and please share your screen.

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I'm bored. I'm going to apologize. My service is a little short.

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There we go.

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Ms. Three, turn your video off, and maybe that might help.

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All right.

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Thank you.

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Let me see if I can do that video.

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Right now.

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Commissioner, can you hear me?

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We can hear you.

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Yep.

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Okay.

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Here we go.

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My commissioners, I submitted a package today, which can several exhibits.

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I'm not going to go through all of them, but I have submitted the refusal, the appeal, the property, project information sheet, the tax information.

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Zoning history, plans, pictures, community flyer, as well as specific of mailing.

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Commissioners, we put in an application to use this project that had been used in previous years.

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I'm just going to flip down first to the photos.

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This is a part of the entire building.

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It is a four-story building.

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The first floor has been used as commercial as far back as 19.

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I'll show you some evidence of that.

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The top three floors are a legal.

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You're breaking up.

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Council?

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Hello?

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Ms. Treat?

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She's completely knocked out.

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The street.

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She's probably going to try to come back in.

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I hope.

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Wow.

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You don't have a Tanya that you can just pull on a panic.

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what'd you say chair I said she don't have a tanya that you can call in a panic and say

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get me back in let me see if I could call her good thank you

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Thank you.

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Thank you.

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Thank you.

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no chair i was unable to okay so look this happens to all this

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what you know when she's when she signed on she already indicated that she was

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why don't why don't we do this well tanya try to get her back in whenever you can

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and uh because it happens to all this i mean there's nothing we can do okay and you know i

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meant that like a couple times a lot too long ago i'd get locked out and i was stuck so

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is there any other body in the in the virtual audience whose case hasn't been called on the

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330 list. Chair, we have Minister Enoch L with his hand up. No, I think he was for that case.

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Okay. Chair, if you could, officially continue Ms. Threatt's case and I will

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schedule it for next week. Okay. So MI 2022-000-450-5100 Chester Avenue, the case is continued.

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is there anybody else are we um are we announcing the specific date for this one

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because otherwise it would need to be reposted are we going to do for six time you can we fit

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are we going to do for six tanya can we fit it in on six one um yes we it will still go out as a

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in on 6-1

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um

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reposting oh it still will go out okay all right thank you tanya i'll work with her i'll take the

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the date off and work with her and her schedule to um put this on again okay thank you mania can

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i ask you this question which week do we have off this coming week or the week of june 1st

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this week i'm sorry the coming week next next wednesday okay thanks mr chairman

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so is there anyone else in the audience has a case that wasn't heard

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chair i see

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chair i see no heads at this time okay thanks everybody thanks it's a good day's work thank

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you a lot done thank you and everybody enjoy next week off i'm not sure why we're off but

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but we're off.

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Have a good night, everyone.

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See you later.

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Good night, all.

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Good night.

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