civus
Hearing video

ZBA Hearing - August 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 14, 20242h 43m

Thank you.

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how's it how's it look

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currently chair we have 19 attendees you can proceed as you wish

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

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hearings with me is our vice chair ismael shaheed president mr chairman our board member

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Cheryl L. Gaston. Present, Mr. Chairman. Our board member, Tanetta Graham. Present, Mr. Chairman.

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Our board member, Michael Johns. Present, Mr. Chairman. And our board member, Taya Nguyen.

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Present, Mr. Chairman. Also present is Hillary Emerson, our attorney. And we also have our

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deputy director for planning and zoning, Kathleen Grady. Let's take a look at our virtual format.

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The proceedings are being recorded. With your participation, you agree to be recorded.

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The video will be available by contacting kathleen.grady at phil.gov.

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For our 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 enter an appearance statement, call 267-270-5548.

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Leave your email address and also 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.

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All comments should be directed to our Deputy Director, Kathleen Grady.

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Let's look at our schedule for this evening.

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Number two.

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MI-2022-006-213-2551 West Silver Street.

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There's requests for continuance.

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Could Mr. Masters, the attorney in this case, please come on?

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Good morning, Chair.

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This is Nadia, and I'll be your co-host today.

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Thank you, Nadia.

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Steve Masters has been allowed to speak.

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Good morning, Mr. Masters.

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Good morning, Mr. Chair.

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

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Steve Masters, S-T-E-V-E-M-A-S-T-E-R-S.

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Reed, do you swear or firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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We have a request for it continued. Could you please update us on this case?

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Absolutely, Mr. Chairmembers of the board.

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This case was before the board some time ago. We received a letter from the board authorizing us to return the application to L&I because the original application misidentified and described incorrectly what the changes are for this zoning project.

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We were not involved with the case at the very beginning. We were brought in after the appeal was brought into the zoning board.

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Ellen and I just last week on October, I'm sorry, on August 7th, issued its revised notice of refusal.

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We have sent that in to the board as opposed to one notice of refusal before there are three use variances that are required.

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We didn't have sufficient time between August 7th and today to have a RCO meeting.

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We have had a site visit from the two RCO leaders in which they telegraphed to us that this was misdescribed and we needed to return things back to L&I, which we did.

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So at this point, we're asking for a two-month continuance so that we can now have that RCO meeting now that we have the new revised refusal, and then we can go before the board.

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Thank you. Thank you, Mr. Masters. So MI-2022-006-213-2551, West Silver Street cases continue. Thank you, sir.

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Thank you so much.

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I'm sorry, Chair. We also have a hand up with the phone number ending in 3552.

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too, and they have been allowed to speak.

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Adrienne?

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Yes?

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Adrienne, could you please state your name and spell for the court sonographer?

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Yes, I'm Adrienne Fernandez. My last name is spelled F-E-R-N-A-N-D-E-Z.

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F-E-R-N-A-N-D-E-Z.

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Right.

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Right. Do you swear or tell the truth?

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Do you swear or affirm?

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Tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Please proceed.

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Okay.

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For 2151 West Silver Street, I wanted to request that the refusal is still not correct, and it needs a second amendment or correction.

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And I wanted to request that the refusal properly reflect what's being requested at this address.

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Number one, this is actually a request for legalization, and that's not stated on the refusal.

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The address is also not correct.

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The Water Department lists this.

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It's two parcels.

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so the water department lists the address is 2551-53 west silver street so the request

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on the um last two refusals were making it look like this was one building but this is two small

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road houses that um a hole has been made in between we're not even sure it was safe and

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there's two buildings with a hole in between making the request for changes to the use dimensions and

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also lot lines. So we're also requesting that the refusal show that they're requesting a lot

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line change to make one parcel out of two. Thank you. Mr. Masters, are you still on?

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Yes, I am still on. I have a response to that, Mr. Chair.

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Why don't you respond?

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Sure. So this prior to the time that our client purchased this property, the previous owner did a lot consolidation.

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OKA's policy now on lot consolidations is that the addresses are no longer hyphenated with multiple numbers, but just the first number is the designated number.

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So that's not in our control. That's how L&I now designate this property as 2551, even though it includes the two lots, 2551 and 2553.

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This is a legalization that's true of this use, but L&I doesn't ever designate in terms of their notice of refusal whether something is existing or not.

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They simply put in the refusal what the application has called for, which is completely accurate.

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So the concerns that the RCO leader raised are not concerns that can be addressed by this board or by L&I.

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Those are concerns that she could take up with the Department of Planning and, you know, with other parts of the administration.

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but that is the protocols now that are being followed by the city.

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All right. Thank you. And thank you, Ms. Fernandez. The case is continued. Thank you both.

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Number five. MI 2023-002-047-2231 Green Street. Jeffrey Kaiser is the attorney.

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There is a request for continuance. Mr. Kaiser.

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Chair, we have somebody by the name of Darlene Treat with their hand raised.

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Darlene's the attorney.

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I think she's, you're going to bring her on.

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Maybe she now has this case.

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I don't, I'm not sure.

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They haven't allowed to speak.

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Counselor, are you involved in this 2231 Green Street?

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I apologize, Commissioner.

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Okay, sure.

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No, no.

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We're going to get to you.

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We'll get to you.

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All right.

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Mr. Kaiser.

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Mr. Kaiser.

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I see no hands.

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Okay, thank you.

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So MI 2023-002-047-2231 Green Street,

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case continued, Mark must be heard.

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Number six.

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MI 2023-003-085-3550 North 6th Street,

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Frederick Mann is the attorney.

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Mr. Mann.

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frederick mann if you're in our audience you haven't allowed to speak uh can you hear me

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i can sir could you please state your name it's spelled for the court sonographer

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thank you sir it's frederick mann m-a-n-n frederick is f-r-e-d-r-i-c do you swear a firm

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to tell the truth the whole truth and nothing but the truth i do sir mr mann could you give

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us an update on your case? Certainly. 3550 North 6th Street is a row house currently with

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Row House currently with two apartments. It's owned by a very small inner city financially challenged parish that I'm representing pro bono. Candidly, I've never been before the board before.

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two apartments. It's owned by a very...

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And they seek to locate a community-based administrative office on the first floor. It's very small.

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they had applied originally everything was ready to go except there was an internal glitch with

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the diocese which is also on the lease and who i also represent um in getting approvals so we

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request a continuance and all should be in order it was posted originally um everything was ready

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to go. And we ask for a continuance. Thank you. Thank you, Mr. Mann. So MI 2023-003-085-3550,

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North 6th Street, cases continued. Mark, must be heard. Number 11, MI 2023-006-613-5033,

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Duffield Street. Cases continued.

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Number 15.

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MI 2024. 001

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694. 2600 Mulefield

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Street.

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There's a request from the owner for continuous. Cases continued.

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And then number 17.

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MI 2024-002-165-1328, Fawn Street.

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Cases continued.

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Are there any other requests for continuances?

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Chair, we have Darnie and Treat with her hand brace, and they have been allowed to speak.

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Good morning, Commissioner.

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Good morning, counsel.

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So just state your name and spell for the court stenographer, please.

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Darlene Threatt, D-A-R-L-E-N-E, Threatt, T as in Thomas, H-R-E-A-T-T.

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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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Could you tell me what case?

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This is 2337 North 30th Street.

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ZP 2023.

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Ms. Threatt, this is Hillary.

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That case is on the 330 list.

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Oh, I'm really sorry.

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it's okay that's okay thank you there's another case actually miss three um i did want to ask

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you about because i wasn't sure if you've been retained as counsel um give me one second

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um four three five three paul street are you counsel on that case no i'm not okay all right

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Thank you.

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Okay.

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Let's go to some of our cases.

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We do not have exhibits.

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Number three, MI 2022-006-757-1134 Waverly Street.

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This is the fourth listing.

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We do not have exhibits.

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Magloza Wachikitz is the owner applicant.

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MAGA ROSA, IF YOU'RE IN THE AUDIENCE, PLEASE RAISE YOUR VIRTUAL HANDS.

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I SEE MY HANDS.

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MI 2022-006757, THIS IS OUR FOURTH LISTING.

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I VOTE TO DISMISS.

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MIKE JOHNS, MY VOTE IS TO DISMISS.

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cheryl gaston my vote is to dismiss

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ian win my vote is to dismiss tennetta graham my vote is to dismiss

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ishmael shaheed my vote is to dismiss thank you number four mi 2023 001 026 4353 paul street

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the listed owner is

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Enrique Garcia and Rosa Cruz

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this is the fourth listing

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do we have a Spanish interpreter

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in the audience

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I see no hands

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Ms. Cruz

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no hands chair

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all right Hillary

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do we want to hold this because we don't have an

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interpreter um i think we should give it one final listing just so we have an interpreter

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thank you am i do you have a hand that just went up i'm not sure if they're connected to this case

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jeff kaiser they've been allowed to speak kaiser was the lawyer that we continue the case am i

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correct oh yes you're right yep mr kaiser i apologize i was having

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Oh, yes, you're right. Yep. Mr. Kaiser. I apologize. I was having a connection issue.

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Thank you.

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Sure. Mr. Kaiser, just state your name, please. Jeff Kaiser, attorney for the applicant on a

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different case. Spell your last name, please. K-A-I-S-E-R. Do you swear for him to tell the

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truth, the whole truth, nothing but the truth? Yes, I do. We continued your case, Mr. Kaiser.

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Okay. Thank you very much. Thank you very much. All right. And then number four, MI 2023-001-026-4353

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Paul Street. Case is continued. Mark must be heard. Number nine. MI 2023-006-463-2528-30

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South 69th Street.

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Samantha Lyons is the listed attorney.

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No exhibit, second listing.

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Samantha Lyons, if you're in a virtual audience,

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please raise your virtual hand.

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I see no hands.

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How about the listed owner, Deegan Ballion?

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No hands, Chair.

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We have Craig Melodosian with their hand raised, and they haven't allowed to speak.

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Morning, Mr. Melodosian. Could you please state your name and spell for the court sonographer?

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Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.

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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, Chair Bergman.

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So this is the second listing we have for this case. We do not have exhibits as of yet.

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uh i'm the coordinating rco uh we had spoken with counsel previously about this the uh

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not to try it here uh the rcos are opposed to this and we had successfully opposed a previous

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application at this location with the same owner uh we uh have not heard from her since the uh

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continuance. Okay. Very good. Thank you very much, sir.

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Thank you, sir. So, MI 2023-006-463-2528-30,

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