civus
Hearing video

ZBA Hearing - January 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 8, 20256h 57m

Thank you.

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Okay, Chair, are you able to hear me?

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I can.

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Okay.

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We have 50 attendees.

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You can proceed as you wish.

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Thank you.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning's meetings.

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With me is our Vice Chair, Ismael Shahid.

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Present, Mr. Chairman.

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Our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Board Member, Tanetta Graham.

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Present, Mr. Chairman.

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Our Board Member, Michael Johns.

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Present, Mr. Chairman.

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And our board member, Taya Nguyen.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and Ian Haggerty, our executive director of the zoning board.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation agreed to be recorded, a video will be available by contacting ZBA executive director at philip.gov.

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For a court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To an appearance statement, call 267-270-5548.

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Leave your email address and the address for the property in question.

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And finally, the question and answer box on the screen is not for testimony.

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All comments should be directed to our executive director, that's zbaexecutivedirectoratphil.gov.

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Let's look at today's schedule.

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Number one, MI 2024-002-310-7346 West Pashunk Avenue, Cases Continued, Applicant Moving Party.

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Number five, N.I. 2024, 002-424-822 Barlow Street.

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I understand this is a continuance.

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Is Mr. Anastasio in the audience?

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Good morning, Chair.

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This is Doreen Blakey, and I will be your co-host today.

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Morning.

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Mr. Anastasio has been allowed to speak.

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Good morning, counsel. Could you please state your name and spell for the stenographer?

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Yes, Mr. Chair. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Rustem Nassimov.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed, sir.

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Mr. Chair, we applied for and received an amended refusal, which was issued by L&I.

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we're in the process of lining up an RCO meeting based on that amended refusal. As such, I do need

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to ask for a continuance. So MI 2024-002-424-822-Barlow-Shoot, that case is continued. Thank

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you, sir. Thank you. Number six, MI 2024-002-515-1725 Jackson Street. That case is continued.

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Number eight, MI 2024-004-884-1806 North 21st Street. That case is continued.

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Number 9, MI 2024-004-944-2823-25 West Somerset Street. That case is continued.

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And number 14, MI2025.

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And number 14, MI 2024, 005-203-1716 Frankfurt Avenue.

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That case is continued, attorney moving party.

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Are there any other requests for continuances?

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Yes, there's an Alex Duller with a hand up, and they will be allowed to speak.

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Good morning.

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Good morning.

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Could you please, yes, could you please state your name and spell it for the stenographer?

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My name is Alex Duller, A-L-E-X-D-U-L-L-E-R.

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I'm basically.

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Hold on, hold on, hold on, hold on, Mr. Duller.

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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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I do.

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What case are we talking about?

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I'm talking about case number six, MI 2024-002-515-1725 Jackson Street.

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I know you just continued that case.

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I did.

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I am reaching out because I don't know if you and counsel can help influence the coordinating RCO.

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Basically, this case, this is the second continuance.

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And we've continued it twice because in eight months, we have not been able to get Girard Estate Area Residents, the coordinating RCO, to grant us a meeting.

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And at the same time, we've had Girard Estate Neighborhoods Association, another RCO in our area, offer to give us a meeting basically every month of these eight months.

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And we basically have not been able to get the councilmen to acknowledge this and actually switch the coordinating RCO.

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Excuse me, Mr. Chair, can I interject?

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Why don't you interject?

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Yes, I see Breonna Wakefield from Council President Johnson's office has her hand raised, and perhaps we will allow her to speak.

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Good morning, Mr. Chair.

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Hey, could you please state your name and spell for this thing?

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Yes, my name is Brianna Wakefield, B-R-I-O-N-N-A, last name Wakefield, W-A-K-E-F-I-E-L-D.

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Where are firm to tell the truth, the whole truth and nothing but the truth?

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I do.

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Please begin, please.

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Yes, Mr. Chair, I was made aware of this maybe two weeks ago.

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I believe the Planning Commission have reached out to my office and we have reassigned this case to Gina.

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okay thank you counsel did you hear that

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mr duller i needed to be unmuted sorry about that um i did hear that we appreciate that so much

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but that pretty much guarantees we can be heard next time thank you thank you very much i

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appreciate it is there any other requests for continuance thank you the other request for

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continue. Yes, Chair, Strawberry Mansion Community Concern will be allowed to speak.

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

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Strawberry Mansion, can you please unmute yourself? Good morning, Mr. Chairman, my name is Bonita

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Cumming, Strawberry Mansion Community Concern. Just for the record, could you spell your name

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for the stenographer is b as in boy o-n-i-t-a c-u-m-m-i-n-g-s and i was inquiring in reference

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to hold on hold on hold on hold on do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do what case are you looking for 1945 north 25th street

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unless that's not

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that's number four mr chair on the list

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we did not get to that yet we we have no exhibits for that case but i will be calling that right

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they said that they were going to be asking for a continuance so that's the reason why i

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i i just didn't get to that um i'm going through all the continuance yeah but that's fine thank

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Thank you. Thank you for calling. Take care. Bye-bye.

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Are there any other requests for continuances?

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We have no more names here.

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Okay, thank you. I'm going to go to cases that we do not have exhibits for.

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So number two, MI 2024-002-343-5259 Jefferson Street.

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Cason Towns, REI is the owner, the applicant pro se.

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No exhibits, second listing.

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no hands oh hold on chair here

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No hands up. Oh, hold on chair. Her hand is up now.

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That hand is up by Kayson Towns and they will be allowed to speak.

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Good morning, sir. Good morning.

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Kayson Towns, can you please unmute yourself?

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Kaysen is muted, Chair.

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Kaysen, could you unmute, please?

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Okay, so we do not have exhibits for this.

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So MI 2024-002-343-5259 Jefferson Street.

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Cases continue.

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Mark must be heard the next time.

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Number three, MI 2024-002-355-1238 South 31st Street. Rakesha and Babas Patel are the listed owner applicants. We have no exhibits. This is the second listing.

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Rakesha or Babas, if you're in the audience, please raise your virtual hand.

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And there are no hands, Chair.

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M.I. 2024, 002-355, 1238 South 31st Street.

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We have no exhibits.

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This is the second listing.

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No one appeared the first time.

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I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Panetta Graham, my vote is to dismiss.

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Baywin, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Number four, M.I. 2024.

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002357, 1945 North 25th Street.

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David Klayman is the attorney.

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No exhibit, second listing.

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I understand there may be a new attorney, Jennifer Bastillo.

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Jennifer?

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Jennifer Bastillo, if you're in the audience, please raise your virtual hand.

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Check it for her now.

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uh there's a hand up right now chair and it's by patrick zang

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could he possibly be affiliated sure let's see okay

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patrick zang you're allowed to speak please unmute yourself

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good morning could you please state your name and spell for the stenographer

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he was unmuted now he's muted again

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Patrick Zane can you unmute yourself please

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he's looks he may be having difficulties okay thank you so

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So MI 2024-002-357-1945 North 25th Street.

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We do not have exhibits.

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This is the second listing.

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We've been notified that there has been a new attorney in this case, Jennifer Bazzillo.

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Cases continue.

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Mark must be heard.

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And number 11.

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MI 2024-004-956-2901 South Randolph Street.

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John McCrillo is the listed owner.

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CGI Construction is the listed applicant.

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No exhibits, first listing.

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john mccrilla if you're in the audience please raise your virtual hand

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there are no hands chair thank you so this is the first listing mi2024 004 956 2901

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south randolph street cases continue mark must be heard and number 12

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MI 2024-004-985-10168-80, Busselton Avenue.

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First Pennsylvania Bank and Trust is the listed owner.

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Matthew Cliff is a signed firm.

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This is a potential withdrawal.

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Is there anyone in the audience from that group?

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First Fence of Banking Trust and DBA MRC signs.

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Okay.

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Okay. There's no one in the audience with that name, Chair.

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There's no one in the audience with that name.

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So MI 2024-004-985-1016880, Busselton Avenue. Cases continue. Mark must be heard.

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And number 13, MI 2024, 005-130, 4047 North Marshall Street. Julio Sanchez Palmer is the listed owner. Lissandro Gabriel is the listed applicant. I understand this may be a withdrawal.

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all. We have not received the proper paperwork as of yet.

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Julio or Lisandro, if you're in the virtual audience, please raise your hand.

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There's no one in the audience. Thank you. So MI 2024-005-130-4047 North Marshall Street.

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Cases continue.

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Mark must be heard.

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We're going to go to our add-on list.

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Number one, MI 2023-007-092-789 South 2nd Street.

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Harry Cook is the attorney.

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The vote in this matter has been postponed until the board receives the updated revised plans that were requested.

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at the December 11th, 2024 hearing.

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Next, two, three, and four will be voted on together.

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Two, MI 2024, 002-411-3212 West York Street.

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Number three, MI 2024, 002-412-3212 West York Street.

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And number four, MI 2024-002-413-3208 West York Street.

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With you, one minute here.

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I vote yes to all three.

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my vote is yes for all three

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my vote is yes all three

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thank you number five mi 2024 002 892 2100

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robin street i vote no

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so gaston my vote is no

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tenetta graham my vote is no i win my vote is no

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number six um ishmael shaheed will be handling this i've recused myself from the vote

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excuse me mr chair i think mr shaheed had didn't get a chance to vote on the the last case

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Yes. Ishmael Shaheed, my vote is no.

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Thank you.

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Moving on to number six, Chairman Bergman will be recusing himself.

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MI-2024-007176, 1909 through 1913 South 12th Street.

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My vote is yes, with proviso.

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applicant must meet

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the vested right factors

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