civus
Hearing video

ZBA Hearing - September 22, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 22, 20214h 53m

uh just calling in to let you know that the councilwoman has no objections to granting

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this variance these variances thank you anyone else

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there are no other hands at this time chair thank you planning commission

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ron bednar city planning property is indicated for residential on the city plan given the

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physical certain conditions of the property we recommend requests for variance be granted

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thank you mi 2021-001-980-164 me and avenue my vote is yes

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confessor plaza my vote is yes james snell my vote is yes thomas holliman my vote is yes

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Thank you. Number three on our list, MI 2021-001953, 1726 Seibert, S-E-Y-B-E-R-T, P-E-R-T Street.

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And Chair, we do have those exhibits.

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We have the exhibits, okay.

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Whoever's testifying, please raise your hand and identify yourself.

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chair we have someone by the name of anastasia briscoe

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miss briscoe you can unmute yourself and wait for the chair

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anastasia briscoe please spell your full name good evening my name is anastasia briscoe a-n-a-s-t-a-s-i-a

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b-r-i-s-c-o-e you swear or firm to tell the truth the whole truth nothing but the truth

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I do. Are you an attorney or the owner of the property?

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I'm the owner of the property. So you're representing yourself, correct? Yes, sir.

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All right. Mr. Plaza has some questions for you.

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Yes. Have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance,

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copy of the refusal or referral photos and plans five days prior to this

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hearing? Yes, sir. Okay. And have you met with the RCO

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and have a letter. Yes, sir. Thank you. Please proceed. Okay.

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I'm not sure how to share my screen. If you have any documents you can share with us,

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that would be helpful. I do. I'm not sure how to share my screen with you guys.

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So, Ms. Briscoe, do you have a computer, laptop, or?

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Yes, I'm on a laptop, ma'am.

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Laptop.

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So, if you're looking in your Zoom.

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She's coming in now as a panelist.

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Do you see a green button at the bottom?

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Oh.

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Okay.

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i'm i'm back in all righty sorry about that inconvenience um so at the bottom of your

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screen do you see the uh green share button yes ma'am okay so if you have your documents already

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open on your laptop then when you hit the green share button then you there they go they coming

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up right now let's see what we got thank you now let me see is this your file okay there they go

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thank you miss briscoe thank you we're good to go thank you please proceed yes this is the property

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located at 1726 cyber street the property was refused because the rear yard depth exceeded

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the allotted amount by one foot so what we're asking here is for the legalization of an addition

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on the rear of the existing structure the property was purchased by myself and my husband in july of

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2018 the structure was already existing there so we're asking that the structure that's currently

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there be allowed to stay there um even though it uh it violates the uh the code section 14701-1

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number 10 basically asking asking the board to legalize an existing condition correct correct

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sir all right you just quickly can go through some of your exhibits they

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if you have any site plans that would be helpful and we can move on from there

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My application for appeal was submitted.

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my application for appeal was submitted

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I also have here, the tax clearance was complete.

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This is the site plan that we have.

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This is the property.

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And you can see that the, the, the, any way you can enlarge that, yes, sir.

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Very good.

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thank you are there any questions on this uh any questions from the board no mr chairman no no

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okay i think we i think we're in good shape here um i also received a support letter from the

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community from the uh i have from map holistic cdc which was my coordinating uh rco okay and i also

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received support from the friends at 47th ward uh headed up by uh miss bundy and my map cdc rco was

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mr lewis nash this is the letter that i received from them um miss mary jones um from councilman

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clark's office she uh took note of who was who was in support of our um our appeal and there

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was no opposition she has those exact numbers for reference i also have a letter from map holistic

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cdc in support of the uh keeping the uh existing structure in the rear

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okay thank you very well done uh any questions from the board no mr chairman no no anyone else

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would like to testify in this case please raise your hand there are no hands at this time chair

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Thank you. Planning Commission.

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Yes, this is Ron Bednar, City Planning.

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The property is indicated for residential use on the city plan.

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Given the physical circumstances of the site, we recommend the request of Vanceby Land.

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Thank you. MI 2021-001953.

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1726 Cybert Street. My vote is yes.

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Professor Plaza, my vote is yes.

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Thomas Holloman my vote is yes thank you very much you go to case number four MI

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2021-001-955-1946 South Redfield R-E-D-F-I-E-L-D Street Zen Jin is the attorney of record

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the 40th Ward RCO

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sent a letter of non-opposition

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sorry I don't know was Jim

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trying to say something

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good evening

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yes I'm sorry chair this is Tanya the administrator

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Mr. Snell can you go out and come

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back in we're getting that warble sound from

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you again

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can you hear me now Tanya

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now we can

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yes okay i switched over okay yeah yeah my vote was yes on that last year thank you mr jen please

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identify yourself and i'll swear you in yes zen jen z-h-e-n-j-i-n uh 1617 john f kennedy boulevard

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suite 1838 philadelphia pa 19103 here on behalf of the applicant you swear if i'm to tell the

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truth the whole truth nothing but the truth i do thank you mr plaza has some questions for you

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Mr. Jinn, you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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I have.

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And have you met with the RCO and have a letter?

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Yes, we have met with the RCO and we have a letter.

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Thank you. Please proceed.

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Thank you. I'm going to share with the board the information relating to this case.

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We have submitted previously to the board the refusal RCO letter, evidence of prior RM1 status, photos, plans, and related documentation.

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I want to point out that this refusal, which is now before you, is because the property is essentially an existing two-family dwelling that has now fallen under the RSA 5 zoning.

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My client purchased the property at the end of last year in December of 2020.

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At the time when it was purchased, the MOS listing has it.

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At the time, when it was purchased, the MOS listing has it listed as RM1 zoning designation,

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and the property was sold essentially as is to him.

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Knowing the current real estate market, people are picking up properties as is,

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because if you don't, someone else will probably pick it up before you will.

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What had happened is that once they went to go for rental licenses,

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it came up that it is RSA 5 zoning.

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So my client went and appealed and applied for the case that is before the board today.

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The RCO is in support of, they are not in opposition of this application, partly because

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this block is, for the most part, multifamily and was, in fact, RM1.

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And Mr. Craig Melodosian, who has the RCO that is coordinating, recalls that a lot of

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the property here, in fact, are multifamily. And as a result, when we went before the community,

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we had non-opposition from the community and the neighbors. So the property, just to quickly show

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the board, is very straightforward. First floor is one unit. Second floor is one unit. There's

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no basement living. That is for basically utilities, and it's just a basement space that

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is unfurnished. And the property has been used this way in the past. My client has renovated

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the exterior and updated that. The interior has already been renovated before and was, in fact,

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used as a duplex. As you can see, the basement is unfurnished and not used for any living spaces.

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So given the prior non-conforming condition of the property, we would ask the board's favorable

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review of this application i'll be happy to answer any questions or show any additional exhibits to

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the board and would you have a client to adopt your testimony uh yes i believe mr edward pronay

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the manager for the property owner should be here with us

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mr pronay can you raise your uh hand on the zoom so you can be identified

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mr pronay you can unmute yourself and wait for the chair

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mr pronay yes please spell your full name uh my name is edward pronay e-d-u-a-r-d-b-r-o-n-a-y

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

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i do thank you mr jim thank you mr pronay uh did you hear my and see my presentation to the

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zoning board? Yes. Can you verify that what I represented to the board is true and correct

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and that you would adopt it as your own testimony? Yes, I do. Thank you. Thank you. Any questions

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from the board? No, Mr. Chairman. No, no, no. Anyone else to testify in this case, please raise your

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hand. Mr. Melodosian, not out there. I see no hands, Chair. Okay, thank you. Planning Commission?

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Ron, Mr. Bednar, you're muted.

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Hi, this is Paula from Flo Furns.

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Sorry, I beat Ron to the punch, so I will let Ron do it now.

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I'm sorry, he's back.

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So the property is indicated for residential use on the city plan.

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Our adopted district plan recommends no change to the existing residential single family zoning at this location.

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The applicant's hardship is not supported with evidence of unique physical circumstances or conditions of the property that would prevent it from being used in conformance with the code.

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Therefore, we recommend the request of parents not to be back.

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Thank you.

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I'm sorry, Chair.

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Could I just please ask the gentleman to state his name and department?

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Ron, you're muted again.

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Ron, you're still there.

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There you go.

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Name is Ron, R-O-N, last name Bednar, B-E-D-N-A-R, Philadelphia City Planning Commission.

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Thanks, Ron.

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Thank you.

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MI 2021-001-955-1946-South Redfield Street, my vote is yes.

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Professor Plaza, my vote is yes.

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Jane Snell, my vote is yes.

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Thomas Harleman, my vote is yes.

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Thank you.

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Have a good evening.

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chair you're muted

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Chair, you're

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uh mi 2020 does zero zero three three eight one two two one three west burke street

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mr lambert is the attorney of record uh we understand this is the second listing

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Mr. Lambert

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There's no one here by that name, Chair

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And there's no exhibit, so

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MI2020-003381

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2213 West

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Burke Street, my vote is to

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dismiss

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Confessor Plaza, dismiss

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James Snell, dismiss

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Thomas Holloman, dismiss

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Hugh, is there anyone who believes they have not

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yet have an opportunity to be heard or your case was not called please raise your hand at this time

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um chair i have a request i don't know whether you've seen it but i sent a request for

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reconsideration it's just a couple of pages if there is any chance that you could vote it

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today i'm just getting it now and there are no hands up chair

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All right. MI 2020-000108, 5000 North 12th Street. My vote is yes to rehearing and reconsideration.

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Professor Plaza, yes to reconsideration and rehearing.

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James Snell yes to reconsideration and rehearing Thomas Holloman yes to reconsideration and

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rehearing thank you thank you anyone who feels as though you have not had an opportunity to

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be heard or your case was not called please raise your hand there are no hands at this

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time chair makes me feel good thank you thank you again everyone as usual especially the

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folks behind the scenes who help make this happen everyone stay safe and tanya we don't have a

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tuesday hearing next week correct no chair we do not just see you next wednesday right yes

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good night all and thank you all especially to our it personnel um dpz zoom bill thank you so

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much as well you guys have a great day all the way to thank you take care we'll wait to thank

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you later tonight so you know i was on yesterday in the background too so background okay have a

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good weekend goodbye i gotta let others shine is their time to shine i hear you goodbye all right

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have a good one

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