civus
Hearing video

ZBA Hearing - October 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20213h 14m

Okay. Ms. Woods, we're going to have to continue your case.

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all right so mi 2021-002714 4938 letter b as in boys street is continued must be heard

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that completes the two o'clock list it is now 3 35 take about a 15 minute break

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sounds good okay see everybody back in 15 minutes thank you

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Right on. Thank you.

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I'm sorry.

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We're going live, correct? We are live, rather.

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All right. We're recording again. Yeah, we've been live. You got it.

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Thank you.

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All right, Madam Vice Chair.

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Good afternoon. My name is Carol Tenere,

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and I'm the Vice Chair of the Zoning Board of Adjustment.

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I'll be participating in today's hearing along with our Chairman, Frank DiCicco.

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Present.

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Board Secretary, Professor Plaza.

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Present.

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Thomas and Board Members, Thomas Holloman and James Snow.

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Present.

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Board Administrator, Tanya Sunkit and...

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Jason Hand and Board Attorney Rebecca Cole are in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that

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by participating, you acknowledge your agreement to be recorded. This is available to the public

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by contacting Tanya Sunkit at tanya.sunkit at phila.gov. Third, for anyone participating by

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phone, if you wish to testify, you must raise your hand by hitting star nine, then star six

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by hitting star nine, then star six to unmute yourself. That's star nine, then star six to

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to unmute yourself.

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unmute yourself. To enter an appearance statement, call 267-270-5548 and leave your email address

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and address of the property at issue. Again, the number is 267-270-5548. Fourth,

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if you are an LLC, an LLP, or a religious organization, you must be represented by an

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attorney. Fifth, the question and answer box is not for testimony. Any comments are to be directed

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to miss tanya sunk it i'm gonna now turn that over to you chair yeah and the reason i was

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confused i was looking at what your comments were when you said number four i was looking at the

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case number four didn't realize you meant that as part of the opening statement because i don't

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have that some i don't have that language on my sheet but thank you thank you sure so um

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I don't see any

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there are none that I see

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there are no requests for continuances

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I will ask now

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is anyone requesting a continuance or

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withdrawal for the 3.30 list

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please raise your hand

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anyone requesting

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a continuance or withdrawal

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for the 3.30 list

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Ms. Kerr has her hand

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she put her hand down

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Mr. Patrick Jones has his hand raised

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I won't allow him to speak at this time

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Thank you, Mr. Jones. Please identify yourself, spell your name, and I will swear you in.

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Good morning, Chair, members of the board. My name is Patrick Jones, P-A-T-R-S-E-K, Jones, J-O-N-E-S.

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I am in reference to 6226 Callow Hill Street.

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

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Yes, I do, sir.

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Thank you. Please proceed.

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In reference to 6226 Callowhill Street, my client is not available, and we're also waiting

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on the tax clearance, so we'd like to continue this case.

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Thank you.

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That's number eight on our list, MI 2021, that's 002-288-6226 Callowhill Street.

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It's continued and must be heard.

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Any other requests for continuances or withdrawals?

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No.

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Ms. Pritzker has her hand raised. I will allow her to speak at this time.

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Thank you. Ms. Pritzker, please identify yourself. You're still under earth.

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This is Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street,

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Sweet 1600, Philadelphia, PA 19103.

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um yeah so I had had my hand raised when you called 326 Roxborough and so did Brandon

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Saverin and we weren't able to be recognized I think I was having technical difficulties when

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I restarted my computer was able to then be acknowledged but um we both were trying to

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raise our hand and we're not able to be acknowledged for 326 Roxborough yeah howdy

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this is tanya i'm sorry chair we went to another case you get figuring there was technical problems

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and when we got done we went back and there was still no no hands were up yes tanya um i was just

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going to state that i actually looked for brandon he was not available because i was going to call

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him since we couldn't get to you yeah he told me he had raised his hand but that um he wasn't able

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to be acknowledged either so i don't know what was going on i restarted my computer and at that

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point we are where we are now yeah and again like uh tanya said we actually looked for everybody and

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we jumped to another case figuring if there was technical problems by the time we came back to

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roxborough uh someone would have been there but i i mean we can't undo it now the other witnesses

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who wanted to testify i'm sure they're they're gone by now i guess i would ask then if possible

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could we instead of have it now waiting two months or whatever it is is there a way to be

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on next wednesday uh calendar because we got that but ms sunkett's the only one who can answer that

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question because we had a lot of witnesses as well um on our end so we can discuss offline

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yeah why don't you guys do that all right rachel but we can't do next week but we can discuss a

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date offline. Okay. Okay. Sorry. All right. Anyone else requesting a continuance or withdrawal

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on the 330 list? Please raise your hand.

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I see no hands, Mr. Chair.

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No hands, Mr. Chair. Okay. Thank you.

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Okay, thank you.

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First case on the 330 list, MI 2021-002205, 2265 North Park Avenue.

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Shamira McCant McNeil.

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samira mccant mcneil is there anyone here for 2265 north park avenue

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yeah miss mcneil has uh raised her hand do i promote her please do

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she's been promoted sir ma'am please spell your full name and then i'll swear you in

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We just need to allow her one or two seconds to be sent out and back in as a panelist.

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Okay.

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Thank you.

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Hello.

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hi ma'am please spell your full name uh samira mcneil s-a-m-e-e-r-a-h last name is uh mcneil

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m-c-n-e-i-l-l do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes and you're here regarding two six excuse me two two six five north park avenue yes i'm actually

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the owner of the property and i have legal representation so i'm not sure um you do have

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legal representation? I do. And who is that? Steve Bertil, attorney at law. Is Mr. Bertil

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out there? If so, please raise your hand. My notes indicate we have not yet received

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any new exhibits. Okay. Chair, if I can interject. Sure. It appears as though someone here has

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their name up named Stanley. Does that sound familiar to you? Because Steve Bertil is not

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in attendance. Um, no, I don't recognize that name.

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Cher, if you would allow the individual to speak just to make sure it's not a different

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name written. Thank you kindly. Stanley, you can unmute yourself and state your business

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as it relates to this case, please.

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can you hear me uh barely spell your full name sir stanley s-t-a-n-l-e-y perry p-e-r-r-y

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i have no uh uh business as it relates to this case okay then you'll need to wait

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till we call your case sir are you asking for a continuance are you requesting a continuance

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i am yes no no not you ma'am i'm sorry mr curry i thought i think i saw your name on an earlier

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list no it was on the 330 list for crystal street oh okay i see it now uh i state the

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nature of your call what are you asking for a continuance yes sir okay now we got something

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all right so case number four i'll get back to you shortly uh miss mcneil uh mi 2020-001841

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3469 crystal street this case is continued and must be heard mr chairman i believe this case was

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fourth listing already?

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Is there any reason why?

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You're right.

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Mr. Perry, why are you not prepared to go forward?

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Mr. Chairman, I just

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got appointed and

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the main, the person,

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the member of the

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IV Realty Services,

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LLC, was called back

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in an emergency to

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the Dominican Republic.

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Not only

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that, but we're in violation

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of the five-day rule.

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And so I need that person who is currently in the Dominican Republic to give testimony in this matter.

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When did that person go back to the Dominican Republic?

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Approximately a week ago.

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And the last scheduled hearing was 7-21-2021.

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Yeah, that was when I first ended my appearance, I believe.

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Yeah, that was when I first entered my appearance, I believe.

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Sir, with all due respect, this is the fourth listing.

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Yeah, I agree.

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We rarely allow for more than two listings.

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Well, it's my understanding that the IB Realty Services didn't know that they needed an attorney.

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And so I can't speak to the first two, but I believe that's why the case was continued initially.

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Understood. But we're going to move to dismiss this case.

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MI 2020-001841-3469-Crystal Street.

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Stop interrupting.

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This case, I might recommend we dismiss this case.

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Carol Tenere, my vote is to dismiss.

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Confessor Plaza, Dismissed.

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James Snell, Dismissed.

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Thomas Holliman, Dismissed.

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Thank you.

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Go back to the first case, Ms. McNeil.

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Yes.

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Mr. Bertel was representing you?

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Yes.

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When's the last time you had a conversation with him?

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Do you know?

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the last correspondence we had was about a week ago when I sent him the proof of my zoning notice

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poster yeah yeah and he sent all the information to me so that's why I was aware of the the board

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hearing well my guess is that we won't be seeing Mr. Battelle he's running for judge and it's a

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second case in two days I believe he's not yet it hasn't made an appearance do you have exhibits

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that you can share with us we don't want to penalize you for uh for the failure of your

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attorney not appearing i'm sorry chair is it um yeah tommy he would have all of the all of that

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information and i was wondering if it was necessary for her to be represented i was going to check

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miss mcnail are you you're not are you a non-profit or an llc

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uh salon excel is an llc um i'm actually the owner of the building i'm trying to just get

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the variance to put a commercial property in the basement of the property

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so you own the building yes so the fact that you have an llc for the business i don't rebecca you

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can help me with this i don't think that would have any bearing on it right what is the question

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miss mcneil owns the building correct she has a business that is an llc in the same building

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and she's looking to expand correct me if i'm wrong well actually it's a mobile business right

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now i am looking to do the renovations and put the salon in the basement of the property that

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own at 2265 North Park Avenue. It's currently not zoned for commercial space so that's the reason why

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I had to come before the zoning board for the variance. Yeah we understand that again unfortunately

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your attorney is not present. Correct. I don't know how we can go forward without the exhibits.

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We had a similar case this morning and I'm sorry the city get penalized for lack of representation.

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So a question for you. Would I be able to get a continuance for this?

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Yeah, we can do that. It's going to take a little while. So I'm not sure what your schedule is.

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You have any any suggestions?

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Yes, Chair, I would respectfully suggest that we continue this matter because it's not McNeil's fault.

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I could work with her to try to get a kind of soon date.

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not very soon but kind of soon date should you be able to get other representation or in touch

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with your attorney reach out to me so that i can go ahead and try to reschedule you okay

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okay so you won't have to wait the normal length of time for a continued hearing

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we understand it's not your fault that you're not prepared today thank you okay thank you

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Ms. McNeil. So MI 2021-002-205-2265 North Park Avenue is continued.

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Ms. Sunkett will contact me or give me information to contact her directly.

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Yes. Yes. Okay. Thank you. I appreciate it. Okay. Thank you.

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Thank you.

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I think we're ready for case number two, MI 2021.

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I think we're ready for case number two, MI 2021-002204, 2615 East Haggard Street, Leo

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Moblehill is the attorney of record.

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Old Richmond Civic sent a letter of non-opposition, as did Councilman Mark Swiller.

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And before you go forward, Mr. Moblehill, I got a little off track here.

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I want to make sure, is there anyone else asking for a continuance or withdrawal?

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i see no further hands mr chair thank you mr mobile you can proceed identify yourself and i'll

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swear you in yeah good afternoon members of the board leo wolvihill amazon michael ul via victor

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