civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

Thank you.

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and chair we have 64 attendees you can start as you wish

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good morning everyone my name is bill bergman and i will be chairing this morning's eba hearings

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with me is our vice chair ismail shaheed

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President, Mr. Chairman, our board member, Thomas Holliman, Mr. Chairman, our board member, James Snell, Mr. Chairman.

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Also here is Hillary Emerson, our attorney, and also Ryan McSherry are also will be representing us today.

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Also present is our executive director, Tanya Sun.

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Here's our virtual format.

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The advice and proceedings are being recorded.

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Video will be available by contacting tonyasunkett 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're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter the period of 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 Sunke.

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Let's look at today's schedule.

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Number four, MI 2022-001-110-6619 Musgrave Street.

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There's a request for continuance.

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Is Abe Morharad in the audience?

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Good morning, Mr. Chair. This is Jason Hint. I will be your co-host for today. Mr. Maldirad has been allowed to speak.

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Okay.

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Good morning.

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Good morning, sir. Could you please state your name? It's spelled for the court's sonogram.

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Ape Mujerad, M-O-J-A-R-A-D.

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Right. 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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I understand you wanted a continuance here?

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Yes, please.

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Okay, so this is the fifth listing.

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This case will be heard the next time it's called.

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Okay.

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Understand this case will be, is marked, must be heard.

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Okay?

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Appreciate that.

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Thank you very much.

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Thank you.

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Number five, MI2023 00404617 South 7th Street. Julie Damius is the applicant. This is the

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third listing. We have no exhibits.

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Are we sharing the audience?

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I'm sure I do not see that individual in the virtual audience.

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Thank you.

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Okay, so this is the third listing, and we still do not have exhibits.

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So MI 2023, 000404, 617 South 7th Street.

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I vote to dismiss.

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James Snell, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Mr. Allman?

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It appears he dropped out here.

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Okay, thank you.

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So MI 2023, number eight, MI 2023, 000784, 263 East, Upsil Street.

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This is the third listing.

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We are still waiting on exhibits.

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Miranda Darden is the owner applicant.

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Thank you.

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We still do not have all your exhibits.

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There's been no RCL meeting.

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Yes, that's correct.

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And I understand you want to continue?

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Yes, please.

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This case will be continued, will be marked, must be heard the next time.

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So MI 2023, 000784263 East Upsall Street.

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Cases continued.

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Mark must be heard.

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Thank you.

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Thank you.

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So number 10, MI20...

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Excuse me, Mr. Chair.

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Mr. Richardson has his hand raised.

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I think he wanted to speak on the last case.

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Okay.

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You've been allowed to speak.

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Good morning, Mr. Chair.

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Good morning, Mr. Richardson.

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Just state your name, please, for me and spell for the courts and honor.

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Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Council on the Cindy Bass Room, 508 City Hall.

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Several of these cases—

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Hold on one minute, sir.

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You can swear at me.

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I'm just getting ahead of you.

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Oh, sure.

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That's okay.

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Do you swear for the whole truth, the whole truth, nothing but the truth?

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I do.

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Please proceed, sir.

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Several of these cases that are being continued today have been assigned to East Mount Airy neighbors as the coordinating RCO.

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Unfortunately, they've experienced a leadership change.

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So a lot of these cases that are coming before you this morning may not have had an RCO meeting because of the fact that they've had some difficulty in the turnover with the old leadership versus new leadership.

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So that's what I was just trying to share with regard to Ms. Darden and also, you know, one of the previous cases as well.

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I appreciate that, sir. Thank you very much. We'll take that into consideration.

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So number 10, MI 2022-005-434-5953, Master Street, Linda Thay.

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Also, Linda Thong, Lisa Thong, and Linda Thay.

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Mr. Chair, I do not see either in the virtual audience at this time.

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Okay, so this is the fourth listing.

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MI 2022-005-434-5953 Master Street.

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I vote to dismiss.

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This is the fourth listing.

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Thomas Holloman

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my vote is to dismiss

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James Snell

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my vote is to dismiss

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my vote is to dismiss

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thank you

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number 11

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MI 2023

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002125

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1912 South Front Street

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Donald Benedetto

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should be in the audience

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you've been allowed to speak sir could you please state your name and spell for the court

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stenographer good morning members of the board donald benedetto b-e-n-e-d-e-t-t-o attorney for

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1912 south front street llc do you swear or firm to tell the truth the whole truth is nothing but

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the truth i do i understand you've had several conversations with our attorney this case is

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going to be continued sir is that the um recommendation miss emerson that we continue

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it for now uh that's yes that yes no that is the recommendation that that we continue it at this

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time yes okay that's miss emerson's recommendation i agree as well thank you very much thank you

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very much mi20230021251912 south front street case has been continued

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number

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excuse me Mr. Chair

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yeah

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we have Michelle Rand

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with her hand raised

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you want me to allow her to speak

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well in what case is that

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Michelle Rand please unmute

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yes

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Yes. I just wanted to speak on the last case.

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Could you state your name and spell, please, for the court stenographer?

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Certainly. It's Michelle Rand, M-I-C-H-E-L-L-E, Rand, R-A-N-D.

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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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I did.

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And this is 1912 South Front?

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That is correct.

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Please proceed.

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Okay. I just wanted to mention that there are four neighbors here as Protestants.

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And, you know, we accept the continuance, but just that we are interested in having this case heard.

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And, you know, we accept the continuance, but just that we are interested in having this case heard.

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Okay. Thank you very much.

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Mr. Chair, let me just clarify the record.

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Ms. Rand, there are issues with the refusal, and it is most likely that a new application will be filed and that this appeal will need to be withdrawn, and it would come back at another time.

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So, if whatever happens with this case, ultimately, because you have entered your appearance, you will get notification.

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But I just wanted to explain the reason it's being continued is because there are issues with the refusal, which will likely result in a new application needing to be filed.

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Thank you very much.

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Thank you.

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Number 13, MI-2023-004-563-2005-07 Sargent Street.

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Rania Major is the attorney for the owner, Jonathan Santiago.

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There's no exhibits.

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This is the fifth listing.

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They have been allowed to speak.

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Oh, I'm sorry.

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Good morning, Mr. Chairman.

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Rania, R-A-N-I-A Major for the record.

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Hold on, hold on, hold on. Do you swear or affirm to tell the truth, told the truth, nothing but the truth?

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I'm counsel, but yes.

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I know, I know. I'm more of your counsel. We still don't have all your exhibits?

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We submitted everything prior to the last listing, Your Honor. At the last listing, I was on a cell phone and couldn't do the sharing.

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So, Hillary, this is ready to go?

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so we have the exhibits from last time but miss major in order to proceed this time we need proof

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that the property was posted for today's hearing we also need an updated tax clearance certificate

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do you have those documents okay those i don't i just returned from i've been on medical leave for

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a month okay well if we do not have proof of posting we cannot proceed yeah what my client did

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my mistake was brought me a copy of the posting i don't know if you can see this i don't think my

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video is on um it is not at this time yeah i'm holding up just for the record the orange some

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extra orange sheets of the notices that they made but i asked um them for a picture of it

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i have not yet received that so like so we're going to continue this case but it's mark must

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be heard. So MI 2022-004-563-2005-07 East Sergeant Street. Case is continued. Mark must be heard.

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Thank you, Mr. Chairman. Thank you. Number 15, MI 2023-006-3405401 Regent Street.

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The case is continued. Are there any other requests for continuances?

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I'm guessing. We have a hand up from Negeti. I've allowed them to speak. Negeti G, you've been allowed to speak.

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Hello. Yes. Thank you.

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

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Negesti Gabriel Hewitt. N-E-G-H-I-S-T-I-G-H-E-B-R-E-H-I-W-E-T.

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You swear for him to tell the truth, the whole truth, nothing but the truth.

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Yes.

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What case do you want to talk about continuing?

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The case just mentioned, 5401 Regent Street.

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Okay, that case should be continued.

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Do you have anything to add to that?

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Yes, I respect the court's decision on that.

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But as I tried to explain with Hillary, that I had a problem reaching out to the coordinating RCO.

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And as Richardson mentioned early on.

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could not be held but i do have everything else i need all right as soon as we get the rco meeting

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we'll go on with the case okay may i ask how do you recommend i go about that because i have not

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i think what you should what you what you should do is call the office and explain to them where

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you stand and we'll go from there okay sir and you so sir you um just to clarify you did not

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reach out to the RCO until this month. So there was not sufficient time to hold a meeting before

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your hearing. Also, you do have the email address and did get at least one response from the RCO

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already. So I would follow up with that email address. If they do not respond, I would reach

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out to the RCO notification email and ask for additional contact information.

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Thank you. All right. Is there any other requests for continuance?

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no sir i do not see any further hands at this time i have a few cases with no exhibits

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Also, I do not see any further hands at this time.

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number two mi 2023-006-343-9901 frankfort avenue this is the first listing we have no exhibits

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the listed owner is trinidad tires and augustina marina is a listed applicant

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third-party professional.

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Agustina Moreno has been

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allowed to speak, sir.

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Hi, hello.

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Good morning.

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Could you state your name and spell, please, for the

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