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Hearing video

ZBA Hearing - December 3, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 3, 20257h 18m

I think you can proceed.

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Okay.

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So my clients, Alex and Whitney, they're in the virtual audience.

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They're at home because they just had a newborn, I think, a couple weeks ago.

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They couldn't make it in today.

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They're the owners of 445 West Poplar as well, and that's their primary residence.

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They bought 443 West Poplar, which was not in great shape.

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they did a lot of interior renovation work in 2024 and 2025 all permitted and they are seeking

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a variance to be able to use it as visitor accommodation that is our loan refusal because

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this is just a use application we met with northern liberty's neighbors on october 27th

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it was a very positive meeting there was no opposition as long as we were in the room

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there were some provisos which the board can see on the screen

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um sick you know that we have no objection to with the exception that we would ask the board

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to consider at a minimum a three-year temporary variance consider the considering the time and

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expense to go through this process i was in front of the board for 1128 mount vernon a couple of

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weeks ago which was an owner occupied visitor accommodation that had near neighbor letters of

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support and rco support that was granted for four i would i would ask for at a minimum three

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but we have no objection to the other provisos on this letter here is a petition they have

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great relationships with their neighbors their neighbors are interested in using the space when

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their families are in town several of them were at the at the community meeting and only had good

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things to say about whitney and alex and and excited about the prospect of having this on

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their block so you can see those letters and you can see the majority of them are on poplar street

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are on the 400 block poplar so these are all really near neighbors not out of character there

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are several in in northern liberties there's also some non-residential uses on our block including

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a bar that's on our corner that my client's primary residence 445 poplar shares a wall with

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to its left. We have street to street frontage. So trash is really only picked up on Poplar

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Street, but St. John Newman Highway is the street in the rear. You'll see the postage

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that was also done back there. My clients' children who were not just born also used

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the rear yard, which has sort of been sectioned off from 443 as an additional play space for

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them this is the front of the property here it is in the rear posting at the front and the rear

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here's the right of the property on poplar and to the left and this is saint john newman highway

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saint john newman way in the rear just a rear street interior photos as i mentioned in 04 and

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05 they pulled renovation permits to do the work that you see here it's just a single family home

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You'll see the plans momentarily, but very well done.

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Okay, so here's the basement.

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It's an unfinished basement with utilities and laundry.

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The first floor, zooming in here, has an open concept sort of kitchen and living space with

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a powder room in the rear and stairs going up.

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on the second floor you can see two bedrooms and a bathroom and on the top floor is the primary

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suite so a very you know basic traditional layout um that's it for the floor plans no roof deck in

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this building structure um my notes here as you saw in the letter um you know we're looking for

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more than a minimum of a one-night stay we'll have trash stored in the rear we

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will have lighting and security cameras both both at the front in the back and

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quiet hours we're able to and all of our neighbors who we already have great

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relationships with all have our contact information we had this meeting in

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October in person with an LNA here's the deed and I misstated at the beginning my

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My client is Poplar Properties 1, LLC.

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Its representatives are Whitney and Alex Bem.

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And the certificate of tax clearance.

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and the certificate of tax

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clearance. So I'd like to call

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So I'd like to call Whitney.

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Whitney or Alex or both of them to get out my

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testimony.

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Who are you?

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What's the name again? Whitney.

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Whitney or Alex, right?

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Yeah.

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I think one of them was picking the kids up,

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so I don't know who stayed behind her.

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Whitney Bain will be promoted as a panelist.

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They'll be coming back in shortly.

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Hello.

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

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Sure. Whitney Bain, W-H-I-T-N-E-Y, and then Bain, B as in boy, E-H-M.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Counsel?

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Whitney, did you hear my testimony today?

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Yes.

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And is it true and correct?

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Yes.

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And would you adopt it as your own?

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Yes.

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Is there anything else you'd like to share with the board regarding your feedback and the conversations you've had with your near neighbors about this application?

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Sure. It was a wonderful experience getting the petition signed.

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Many of our neighbors also expressed interest that they would like to use the property for their friends and family.

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And we have one of our neighbors, Mary Kate, also on the call today in support.

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But we had many folks support and actually didn't meet anyone that had an opposition.

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Questions from the board.

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Yes, I have a question. One, just from Overhead View and Google Maps, it looks like this has a really large yard, and I was wondering what are going to be your provisions for any temporary tenants that are staying with regards to the yard and the other residential properties in your area?

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Yeah, great question. So the yard has been, as I mentioned, they live next door, right? And they also have a very large yard.

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They do. And they basically done a sort of unity of use type of thing where they sort of sectioned off the rear yard of the visitor accommodation space where it just occupies a back patio and the remaining space, which is grass covered, is open to their yard.

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So the space back there, and I know I have a picture, and I'll try to pull it up while we're speaking, but there's not as big of a rear space for the visitor accommodations as is shown.

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Okay. That was my first question. My second question was really around the management. I understand that you all are next door. Are you planning to sort of manage this unit on your own?

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Yes.

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And then what drove the decision, because this is a single family home in decent condition, to do short term rental instead of just rent it out?

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Great question. Yeah, we have three kids and family members that visit often and not a lot of space for them to stay.

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So they're going to use the space as well. So when we don't have family using it, that's when we would rent it out to additional folks.

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Thank you.

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Other questions?

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yes um the fencing in the back is that been approved otherwise uh the the interior fencing

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that's sort of sectioning off our property meaning 445 from 443 i don't believe yeah you

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had some pictures yeah so i'm gonna go back and it looks like it's let me just go back to that

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I don't believe we pulled permits for those fencing,

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but if they are, whether they're required for a variance or not,

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you know, we can certainly...

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Yeah, I don't think it was part of this.

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It's not a part of this application, no.

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But we're happy to, you know, take care of those.

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I'm looking right now.

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and I know

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that Whitney sent it to me

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Whitney I'm looking for that

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rear photo that you sent me

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while you're looking I guess a question I have

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for you two

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um have you talked to your contiguous neighbors i understand that you guys had the rco meeting but

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specifically are the people at four what is it 441 um do you know if they're in support of this

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project they are yeah we're very close with them too um and are very good friends as well so we

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can keep close communication but we have letters of support from 441 um that's nikki and alex

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Rudolph. And then a little further down is Mary Kate and Bryce. And then across the street,

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we also have support. And then we own 445. So we support too. And then we're very close

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So we support too. And then we're very close with bar dial as well, the bar.

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with Bardot as well, the bar.

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Yeah, the rest are, okay. So this is existing.

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This is existing. This is the subject property. So the remaining rear yard, and correct me if I'm wrong, Whitney, is there's no separation between the rear yards when you go beyond this fence. Is that correct? It's all open?

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Yeah.

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but this isn't the picture i was looking at there was a there was another one are you referring to

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the the rear fence the rear like gate that's back there yes that this is existing it's been here

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since as long as they've owned the property um you know i i'm not sure if there's a documented

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history of it being legalized i imagine that there is but we can certainly take a look and

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And if it needs to, you know, if it needs to be, we can take care of that.

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This is defense on the St. John Newman way.

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Correct.

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Yes.

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And is this, Whitney, does this, does it ever get open?

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I mean, is it, is it operable?

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Do you use it for any purpose?

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No.

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Just, I mean, and I'm not, it looks like it's more than six feet.

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It may be.

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Yeah.

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so I mean

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yeah no that's fair

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that's why I was asking

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questions from our attorney

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Hillary Emerson

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not at this time

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Mr. Chair

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questions from

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if there's a coordinating RCO in the audience

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Mr. Chair I have a hand

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from Madeline Shacumba

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okay

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I will speak

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can you hear me i can't could you please state your name and spell i'm sorry i was having trouble

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with my computer and it was i wanted to make sure that i was could be heard so i am i'm not

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answering for this one it's for another property i'll sign off on this one would that be okay

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Well, you're not involved in this case, right?

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No.

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Okay, so what you'll have to do is wait until I get to the case.

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Oh, I understand that.

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I understand that.

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I just was having trouble with my computer, and I had trouble with it before,

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and I just wanted to make sure that I could be heard.

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We hear you loud and clear.

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Okay, thank you so very much.

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Sure, thank you.

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Anyone else in the audience?

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I see no further hands to speak, Mr. Chair.

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Sure. Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change to the existing RSA 5 residential single-family zoning at this location.

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The appellant has not demonstrated that there are unique physical conditions or circumstances of the property.

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They would prevent it from being used in conformance with the zoning code.

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The Planning Commission recommends that the Board deny the requested variance for visitor accommodation.

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MI 2025-004-779-443 Poplar Street, temporary variance to expire 12-4-28, Proviso, trash

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stored in rear yard.

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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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Tanetta Graham, my vote is yes with Proviso.

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Ryan McAdams, my vote is yes with Proviso.

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Ryan Wynn, my vote is yes with Proviso.

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Thank you. Alex, that's the most case you ever heard right around. I just want you to know that.

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You're following. Thank you. Thank you. All right. Thank you. Number three, MI 2025 004256753

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North 44th Street

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Meredith Ferliger is the attorney

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I'll be coming back

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into the panel shortly Mr. Chair

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Thank you

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Afternoon

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Good afternoon counsel could you please state your name

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and spell it for the stenographer

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Meredith Ferliger

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F-E-R-L-E-G-E-R

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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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Okay.

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Do you identify your client and the relationship to the property?

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My client this afternoon is 42nd Market Associates, LLC, which is the owner of the property at 753 North 44th Street.

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Okay. Do you have an RCO letter, by the way?

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Okay.

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Do you have an RCO letter, by the way?

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I

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I don't have a letter. I have an email recounting the vote, so I can show that during the presentation.

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Our vice chair has a few questions.

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Good afternoon. Have you submitted your documents five days in advance of this hearing?

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I did.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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