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Hearing video

ZBA Hearing - April 22, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 22, 20267h 16m

these are signatures of the nearby neighbors it's a total of 71 of them

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Also, I wanted to bring to the panel's attention that there are several multi-units on the

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block that are four units, three units, which is attached.

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we have the tax clearance and then we have uh evidence of ownership

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again property was purchased in july uh july 9th of 2025

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and then this is the proof of the proof of mailing along with the uh community meeting

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that was held last uh last week so i would like to call my client i think they're still

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on the call uh mr and miss mr and miss wobbly uh for the purpose of adopting my testimony

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chair mr and mrs wadley will be joining us as a panelist hi thank you

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jermaine what what do we think was there before four units you're saying it was four units there

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it was before it was this is how it was fitted out exactly as the plans are that's how they bought it

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thank you

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audio i'm trying to start the audio okay we should can you see us

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i'm trying to start the audio okay we should can you see us no okay hello who who wants to testify

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my husband will testify sir could you please state your name and spell for the stenographer

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conneal whatley c-a-n-n-i-e-l w-a-t-t-l-e-y you swear or affirm to tell the truth the whole truth

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and nothing but the truth yes counsel okay so mr wiley did you hear the testimony that i just gave

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uh in front of this board yes uh do you agree with the testimony that i have just uh presented

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to this board yes okay uh so that means that you adopt what i've just said correct yes as if as if

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you are to testify and and you don't necessarily have to but if you if you

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have anything that is there anything you want to add to what I just presented to

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the board well you don't have to just say pretty much everything you said yes

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we agree with everything you said okay and we would open it up for any

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Any questions that the board may have for myself or the representative of Wally?

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Questions from the board.

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Yes.

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What is the trash plan for these four units?

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Yes.

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Right now, currently, the old tenants, they have a platform in front of the building

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where they take up the whole staircase along the whole front of the building.

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So the plan is to take that down and put back and we do the original stairs that is there

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now and build a compartment right by the windows to put garbage containers and stuff right

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on right on that side of it.

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So it could contain the rodents and stuff like that.

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So you want to store the trash in the front of the building?

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Yes, right on the side.

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remove the platform that they have with the staircase and stuff right there from the other

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side of the building. Okay. So is there a way that you can find another space to the store

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besides being in the front, which presents a lot of clutter and kind of trashing up the

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neighborhood? Have that trashy book? Well, I mean, yeah, I mean, right now, I mean, you

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know um once i remove that steps that that platform that they have it would be pretty

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much right on the side and it won't really cloud it up at all um well yeah i know 16th street

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there's an issue with uh the trash in the re in the front so um i would suggest finding another

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place to store the trash okay i i i think they would would you consider basement storage yeah

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we can do basement because the basement is um gonna be um empty as is just for storage anyway

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so we can do the basement i don't know how everybody's gonna have access to the basement

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there's a separate access to the basement to the basement in the plans say it one more time

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there's a separate access let me pull up the plans but there's a separate access

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yeah there's a separate access that everybody can access for the basement okay so and so so

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that everybody can access the basement and store the trash in the basement yes from the entryway

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okay um i've got a couple of questions um from what i understand um you read in the real estate

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listing that this was a quadplex but did can't really hear you that well i'm sorry okay i said

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according to what i'm reading here you saw this as the real estate listing said this was a quadplex

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correct is that what you were under the impression of that's what we was told yes okay and um but

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Did anybody check the zoning records at all? And has there been any effort to look at the records as to the prior use of this property?

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I mean, our realtor did check into it, but she couldn't give us a definite for some reason.

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Okay, I see. And I guess I'm having a problem with the, well, I'm having a problem with the layout, and I'm having a problem with the number of units.

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Well, I'm having a problem with the layout and I'm having a problem with the number of units. I'm not sure because I can't see enough here about the square footage for these units, but it seems to me like that first floor unit is a little overcrowded here with having it being a two bedroom unit.

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And I don't understand the second floor layout. I don't understand what a one-bedroom studio is. Studios, I thought, didn't have specific bedrooms or whatever it is. It's a space, and it's got a kitchen, and it's got a bathroom and some space where you can kind of live.

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So I'm having a little problem with the terminology. And I just think that it's a kind of overcrowding here of the space. And particularly since it's basically a shell. I mean, it's not like you can actually tell that this was used this way before.

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or you haven't, I don't, you're not presenting any kind of records to show that it was ever

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used this way before.

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I'm having a little problem with the number of units that you're really asking for here.

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Okay.

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It was, they did have five meters, four for each unit, which is their existence right

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now, which is where we bought it.

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Where are they?

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the meters let me yeah yeah hold on i'll show the pictures of that okay

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because i did i did show that when i showed the basement i believe okay hold on

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oh yeah you want past it

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yeah there were five yeah they have yeah they have five meters one for each unit

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and one for the common space okay all right um i have a question about the backyard it looks like

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only the first floor two-bedroom unit has access to the rear yard yes um i mean i think that's

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typical but i will say like that's a lot of maintenance of a yard to put on the single

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tenant and given the fact that the backyard does have i mean sorry the basement has universal

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access to be able to figure out a way to give the entire building access to the

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rear yard would be nice to see and I will just state it I know you guys are

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from out of town but as a now Philadelphian I think the decision to

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get rid of the porch is a terrible one and I would strongly advise doing that

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just because that is the context of the community I mean that that would that

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was just part of the thought process was to put the garbage but since we could put the trash in

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the basement it don't have to be removed um can i get sworn in and say a word

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what's that ma'am can i get sworn in and say a word do me a favor please state your name and

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spell okay regina watley r-e-g-i-n-a w-a-t-t-l-e-y do you swear or affirm to tell the truth told

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truth nothing but the truth i do please proceed okay so the other buildings on the block have

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no structure in front no porch so it appears that the previous owners created that porch

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and all of the other buildings on each side and across the street store their garbage outside so

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we can certainly modify that and store garbage inside the other part of it that i wanted to add

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to what my husband said is that all the um there were it wasn't a complete and utter shell there

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were there's evidence of that they had the five meters that are still there and also

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they had the the front floor the first floor as a as the as an apartment and they had two

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apartments on the second floor and one apartment on the on the first floor they were the two

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apartments on the second floor were studios the one apartment on the top floor was a studio

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and the the two bedroom was on so we didn't change anything from what they had been using

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it for and also the part the as our attorney said the property was represented as a multi-family

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and um we were told that it wasn't you know uh change converting it that it was a multi-family

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when we purchased it and that um when we saw the properties across the street that were also

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multi-family um i guess we made an assumption you know that that's a that's another

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I guess we made an assumption, you know, that's another thing, but we made an assumption that it wasn't an issue to have it consistent with the rest of the units on the block, and so that's why we wanted to come to the board today to make sure that it is consistent with what's on the block.

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and as far as the backyard i i wanted to um clarify um i i know you said something about

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access from for other um for other tenants from the back i said to the rear yard so i said it

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you know four units is a lot of density in a part of the city where there's not a lot of recreation

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space one having one tenant be responsible for the complete maintenance of the of the yard yards

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this neighborhood are relatively sizable that to have access for all of the units in the building

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to the rear yard would be a nice amenity if absolutely but the um the backyard is pretty

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small um and the tenant would not have the responsibility for maintaining that that yard so

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uh just um wanted to add that that was not a zoning thing that was just a suggestion oh yeah

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while you're here we'll let you know there are properties on your block that have the same

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porch setup and that porch setup is typical to that neighborhood in philadelphia so it is not

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the only unit of the one the front porch um area because we didn't see any more really

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okay okay so i'm sick thank you any other questions yeah i just i just would agree with um

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of the other board members regarding the density.

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My biggest concern, I guess, of the units

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is the one on the first floor.

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That living area is really just too small

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for two bedrooms.

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It just doesn't work.

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It doesn't show any furniture.

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So I doubt if you could put a sofa or even a love seat

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and have a place to eat.

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It's really just a kitchen.

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So that unit is problematic.

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i i guess the only thing i would say uh mr johns is that i i guess you may have a concern about the

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two bedrooms but if need be i guess because it's fitted out the way that it's fitted out they may

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in fact have to do practically they may have to make that a one bedroom the large one bedroom

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maybe yeah all right questions from our attorney not at this time mr chair questions or comments

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from this audience to the virtual audience no hands at this time chair planning commission

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amy boyd with the planning commission amyboid do you swear or affirm to tell the truth the

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whole truth nothing but the truth i do please proceed the property was remapped from rm1

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residential multi-family to rsa5 residential single family in 2014 in accord with recommendations

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from the comprehensive plan.

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The multifamily household living is in character

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with this side of the block face mapped RSA 5.

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However, the requested variance for four-family

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is not the least minimum.

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If the property were still mapped R1,

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the parcel would allow two units.

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The City Planning Commission recommends

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that the board grant the requested variance

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for a multifamily with proviso max two units.

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So MI 2026-006-727-2250, North 16th Street, I vote yes with proviso. Per refusal dated April 21st, 2026, maximum three units.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tynetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Ty Owen, my vote is yes with proviso.

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Thank you, counsel. Thank you. Sure. Is there anyone in the audience who had a 930 AM list case?

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No chair. I see no hands at this time.

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Good afternoon, everyone. My name is Bill Bergman. I will be chairing this meeting of the Philadelphia Zoning Board of Adjustment. With me is our board vice chair, Tanetta Graham.

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Present, Mr. Chairman.

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Board Secretary Cheryl L. Gaston.

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Present, Mr. Chairman.

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board member michael johns president mr chairman board member tyah winn president mr chairman and

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board member ryan mcadams president mr chairman also here is our attorney uh hillary emerson

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and our zoning board director in haggarty and our board administrator lakeisha dandy

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a recording of this hearing will be put on the zba website by participating you agree to be recorded

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this is an in-person meeting with remote capabilities whether remote or in person

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If you're a call to speak, you must state and spell your name and then wait to be sworn in. Once you've been sworn in, once you have been sworn in, please make it a point to mention your name each time before testifying.

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if you're a call to speak you must state and spell your name and then wait to be sworn in

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any person may enter their appearance to become an interested party there are three ways you can

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identify the property address on your zoom webinar you can see a staff member or you can call this

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eba website the appearance line by the close of business tomorrow call 267-270-5548 leave a

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message then include your email address and also the drop the address of the property of the appeal

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case the following guidance is for our remote attendees first when directed you must raise

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your virtual hand in order to be recognized to speak second if you are called to testify you must

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be must be promoted to join as a panelist once you've accepted that the request will and turn

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on your camera once you have accepted third on the webinar q a is for questions about the hearing

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do not comment on the q a and fourth if you are participating by phone press star nine to raise

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your hand and star six to unmute for in-person attendees please refrain from talking eating or

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drinking during hearings verbal and physical aggression will not be tolerated restrooms are

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across from the elevator a water fountain is just outside the room to the right

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when speaking on the record you must speak directly into the microphone in order to be

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heard by all attendees and and the court reporter in the event of emergency please follow directions

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that are given in the address system or by the staff the next exit is through the double doors

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in the rear the nearest stairwell is to the left outside of the doors in case of an evacuation the

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rally point is love park directly across art street please remain there so we can count for

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you. Let's look at our schedule for this afternoon. Number five, MI 2025 007533 7000 Caster Avenue.

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That case is being continued to 7-8-2026 at 2 p.m. Are there any other requests for continuances?

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no Jay I see no hands at the time thank you we're going here's our add-on cases number one

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MI 2025 002849 2418 North 29th Street I vote yes with proviso maximum two dwelling units

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Michael Johns my vote is yes with proviso

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cheryl guest and my booty shots with proviso

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ryan mcadams my vote is yes with proviso

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ty when my vote is yes with proviso okay number two mi 2025 is zero zero seven three seven seven

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fifty six thirty six angola tourists i vote no michael johns my vote is no

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Cheryl Gaspin, my vote is no.

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Ryan McAdams, my vote is no.

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Tyia Wynn, my vote is no.

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We're going to go to number 6 for our first case.

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MI 2025-007-940-4166 West Gerrard Avenue.

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Brandon Savarin is the attorney.

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Chair Brandon Severin will be joining us thank you he's right in front of us cannabis

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and council we do have a letter of opposition from east parkside

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residents association yes

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council could you please state your name and spell for the

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stonogford yes brandon saverin spelled b-r-a-n-d-o-n s as in sam a v as in victor r-a-n as in

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

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um would you identify your client relationship to the property

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yep um my client is n a parkside operating llc who is the

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My client is N.A. Parkside Operating, LLC, who is the owner of the property, and Nate Tolchinski is the principal, and he's here with me today.

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