civus
Hearing video

ZBA Hearing - March 27, 2024

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

on the sidewalks than nearby.

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So with that, I rest.

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MI 2023-002-232-5162 D Street, I vote yes with proviso commercial trash pickup.

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Thomas Holloman, my vote is yes with proviso.

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James Snell.

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My vote is yes, with proviso.

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Ishmael Shaheen, my vote is yes, with proviso.

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Thank you.

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Thank you, counsel.

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Number 16, MI 2023-006342, 2026 South 3rd Street.

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Joseph Consul is the attorney.

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There's a letter of non-opposition from Penn Sports Civic Association,

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a letter of non-opposition from council member's school.

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Good morning.

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Good morning, Mr. Consul. Could you state your name and spell for the court stenographer?

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Yes, it's Joseph Consul. That's J-O-S-E-P-H. Last name's Consul, C-O-N-S-O-L-E.

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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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Could you identify your client, the relationship to the property?

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Yeah, my client is Jason Kluska. He's the owner of the LLC that owns the building as of November,

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which is sb524133 llc our vice chair has a few questions sir good morning council do you agree

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to weigh the reading of the refusal or stipulate to its accuracy i do have you emailed in all the

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required documents and exhibits that is needed to proceed with this case five days in advance

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of this hearing i have thank you please proceed and share your screen okay

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All right. That should be in my packet. This property has, as far back as I can see in the zoning records, been a cafe, bar, or restaurant along the first floor and residential along the top floor.

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That's going back as far as 1950. The most recent iteration of this was Cookies Bar. Cookies Bar is no longer there. This is a photo showing this is the photo that the city has in their records showing the for sale sign.

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The property was sold in November of 2023. The new owner has been working towards rehabilitating the property and making it into a what's going to be a nicer sort of cafe that serves breakfast and lunch and early dinner.

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their intent is to close around 8 p.m. This photo gives you an idea of where they're at in the

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demolition or not the demolition process the rehabilitation process you can see in Atlas

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they have approved permits for the work that they're doing and their goal as I mentioned is

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And their goal, as I mentioned, is to rehabilitate both the living space as well as the restaurant and make it into a nice spot for the neighborhood to eat and for a family to live.

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to rehabilitate both the

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We have a refusal because it's RSA 5 sit-down restaurant is expressly prohibited in the RSA 5 zoning district.

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So we need an approval to continue using the property as it, as far as we can tell, has always been used.

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That's another photo shown in the poster.

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We submitted building plans that are part of the city's records in terms of the rehabilitation work that's being performed.

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You can see the top floor is two bedrooms.

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That's the unit.

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sorry there's the unit second floor and the first floor is the restaurant space

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the atlas zoning history here's something from 1987 that clearly shows a bar and an apartment

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going back into the 50s there's items that mention you know fixing the front steps and

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this and that and it appears to be for a cafe but this is the first instance where you can

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see in the record that it was approved for a bar and a department.

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We included the deed, showing it going to SB 5-2.

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Here's the mailers from the RCO and the tax balance showing money only due for 2024.

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My client is working to get the clearance certificate, but he's paid up, I think, because

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he just bought it in November.

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He's having some issues getting the certificate, but we're working on it and we will have

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that um past that as the board mentioned we um have a letter of non-opposition from both the rco

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and the zba i mean and um and councilman squilla pardon me and we're hoping that the board

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sees fit to approve this variance request with that i'll call my client jason klosko

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they've been enough to speak hello morning sir good morning could you please state your name

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and spell for the court stenographer hi good morning sir my name is jason klauska j-a-s-o-n

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k-l-u-s-k-a do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes sir please proceed counsel good morning mr klauska did you hear my presentation just now

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about your property at 2026 South 3rd?

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Good morning.

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Yes, I did.

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Okay.

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Do you adopt it as your own?

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Yes, I do.

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All right.

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Nothing further.

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Mr. Consul, you say the taxes are paid?

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Yes.

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Yeah, Mr. Consul, could you speak to that?

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I see you're paid up a balance for 2024,

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but that's not late yet, just showing up on the thing.

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I don't know if you have anything to add, Jason,

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but okay questions questions from the board no mr chairman no chair no chair

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questions or comments from our attorney ryan mcshary no chair questions or comments from

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the virtual audience i do not see any further hands mr chair planning commission thank you

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Chair Bergman, and good morning, David Fecto, City Planning Commission. Chairman and board

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members, the comprehensive plan recommends no change to the residential single-family zoning

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at this location. This property has a documented history as apartments with a ground floor bar.

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The building could not easily be converted into a single-family dwelling. The City Planning

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Commission recommends the board grant their proposed use variants for a sit-down restaurant.

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Thank you. MI 2023-006-342-2026 South 3rd Street, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you. Thank you.

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Number 18, MI 2023-006-341-1300 Warfield Street, Vernon Anastasio is the attorney.

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letter of support from the Grace Ferry Community Council.

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They're coming back in as a panelist.

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Could you just state your name for the record for this case, please?

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You've already been sworn.

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Good morning, Mr. Chair, members of the board,

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verne anastasio uh representing mr mahari gabriel salis our vice

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Uh, representing Mr. Mahari, the Gabriel Seles.

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Our vice chair has just a few questions. Thank you.

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Good morning, counsel. Do you agree to wait the reading of the refusal or stipulate to the accuracy?

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Yes, sir.

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I've emailed them all the required documents and exhibits that is needed to proceed with this case.

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Five days in advance of this hearing.

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Yes.

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Thank you, counsel. Please proceed.

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Thank you.

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uh mr chair members of the board 1300 warfield uh is for uh an addition

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second story addition uh to an existing structure the size and location is shown

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on the plans and this is what we're working with it's already a one-story dwell one-story property

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that takes up a very unusual lot right here on Warfield.

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The building itself is 100% covering the lot already.

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Right there is, as you can see, it's an old.

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Last was a Ruth's Express Cafe, and it took up the entire parcel.

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That's the rear.

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There's just some small outdoor space in the back.

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that will be used for trash but the lot itself is overwhelmingly built out to the point where

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in order to do this we need to get a variance because of open area

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the minimum rear yard is nine feet and we have really none that's provided that back space is

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not actually part of the rear yard. And then because of the dimensions and the way the property

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is set, and then the occupied area, of course, we're not going to meet that as well. So because

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it's pre-existing non-conforming dimensional use, and because the neighbors overwhelmingly support

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the reuse of the property as a cafe and a restaurant, we respectfully request the granting

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of this variant. And with that, we'd like to have Mr. Mahari Ghebrellasaliz, please raise his virtual hand.

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I've been allowed to speak. Good morning, sir. Could you please state your name

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and spell for the court stenographer? Yes, my name is Mahari Ghebrellasaliz,

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and M-E-H-A-R-I, last name is G-E-B-R-E-S-E-L-A-S-S-I-E.

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Proceed, counsel.

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Thank you.

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I'm sorry.

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Do you swear or affirm the tall truth, tall truth?

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Nothing but the truth.

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I do.

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Please proceed, counsel.

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Thank you, Mr. Chair.

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Mr. Gabriela Lasse, did you hear my presentation to the board today?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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Do you adopt it as your own testimony?

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Yes.

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I have nothing further, Mr. Chair.

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Questions from the Board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from our attorney?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I do not see any further hands, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good morning.

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David Fecto with the City Planning Commission. Chairman and board members, the comprehensive plan

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recommends no change to the commercial mixed-use zoning at this location. The appellant seeks

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relief for not providing a rear yard and for providing an open area of only 10%, while 20%

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is required. Both dimensional variances result from an existing site condition and have not been

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created by the owner. The appellant has shown an economic detriment would occur if forced to

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comply with the dimensional requirements of the zoning district the city planning commission

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recommends the board grant or post dimensional variances for rear yard depth and occupied area

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thank you mi 2023 006 341 1300 warfield street i vote yes thomas thalman my vote is yes

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you all.

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Thank you, thank you.

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Is there anyone in the virtual audience who their case starting at 930 has not been called?

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There are no hands raised, Mr. Chair.

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Thanks, everyone.

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See everyone at 2 p.m.

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All right.

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Thank you, Chair.

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You too.

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Great job, everyone.

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Great job, everyone.

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You

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Good afternoon, everyone.

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My name is Bill Bergman.

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I will be chairing this afternoon ZBA hearing.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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And our Board Member, James Snell.

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Present, Mr. Chairman.

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Also present is Ryan McSherry, our attorney, and our executive director, Tanya Sunkett.

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Here's a virtual format.

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Be advised the proceedings are being recorded.

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A video will be available by contacting tanyasunkett 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 an appearance 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 now for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunkett.

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Let's look at our schedule for this afternoon.

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Number five, MI 2024-000162-4346-48 Grissom Street. That case is continued.

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Number nine, MI 2024-00314-9745R, East Roosevelt Boulevard, this case has been continued.

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Are there any other requests for continuance?

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Chair, we have Vern Anastasio.

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Okay.

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Good afternoon, Mr. Chair.

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Good afternoon, Vern.

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You've already been sworn.

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What case are you looking at?

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I hopped on maybe a little late, but I just want to make sure that you had heard my request for 6930 Ardley Street.

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what number is that

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oh i see okay okay uh i have to listen yes okay we'll continue that thank you

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thank you i appreciate it mi2023 002 750 6930 ardley street that case is continued

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thank you any other requests any other requests for continuances

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no handshare okay thank you and number two mi 2023-003-244-5558

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crowson street this is the third listing we have no exhibits

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um delicit owners andrew yes jason yeah i'm sorry to interrupt you sir

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