civus
Hearing video

ZBA Hearing - October 22, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 22, 20241h 43m

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do. Please proceed.

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

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The proposed use is consistent with documented fire use and that there are unique physical circumstances and conditions that would prevent this property from being used in conformance of the zoning code.

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The City Planning Commission recommends that the board grant the request of variance for two family household livings.

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Thank you. MI 2024-005-394-1300 Mall, Borough Street, I vote yes.

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Michael Johns, my vote is yes.

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Carol Gaston, my vote is yes.

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Sonetta Graham, my vote is yes.

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I would, my vote is yes.

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Thank you, sir. You have your votes.

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Thank you.

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Thank you, everybody.

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Oh, sure. Thank you, Mr. Ocker.

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Number two, MI 2024-002-348-2049 North Randolph Street.

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This is a resumptive hearing.

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Mr. Vern Anastasio is the attorney.

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Vern Anastasio will be joining us as a panelist.

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Thank you.

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Good morning, Mr. Chair.

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Good morning, sir. Could you please state your name and spell it for the court's sonogram?

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It's Vern Anastasio, A-N-A-S-T-A-S-I-O.

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We're referring to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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This is a resumptive hearing.

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It is.

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The order of the hearing will be, you will update us on plans.

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There will be public testimony on the updated plans, and Planning Commission will take a recommendation.

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So why don't you start, Mr. Anastasio?

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Thank you.

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I'm going to share my screen. First, we did have a piece of new evidence come in this morning, and I did in fact pass it on to the board upon receipt. It's the letter of support from Council Member Lozada's office.

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It's the letter of support from Council Member Lozada's office for the property as we present.

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And that, of course, also reflects the support from the neighbors and the RCO.

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This is my 57-page zoning packet.

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And we're going to get to the revised plan.

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And I'm going to bring on the architect, Mr. David MacArthur, to walk you through the plan.

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Okay.

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And if David could raise his virtual hand.

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mr chair it's also my understanding that my one of my clients uh is here today and if that's the

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case at the end of this i would like him to adopt my presentation as his own testimony for today's

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and the prior hearing if you would be so kind

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Mr. Chair, would you like to swear Mr. McArthur in?

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just hold on one minute please um the chair is experiencing some technical difficulties

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we'll be right back with you

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you for your patience, everyone.

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The chair should be back on shortly.

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Thank you.

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Thank you.

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Thank you.

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Yes, welcome back, Chair.

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Joe, I proceed, Mr. Chair.

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I think you're muted.

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You're a little quiet.

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Why don't we start?

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Just to get it started.

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There you go.

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Thank you.

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I do have the architect online, if we could swear him in, please.

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Please.

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

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I do.

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Please state your name.

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My name is David McArthur, D-A-V-I-D-M-C-A-R-T-H-U-R.

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Please proceed, sir.

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Thank you.

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David, I'm going to keep the plans up here, and I'll move them accordingly to your direction. If you could please walk the board through the revised plan.

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Absolutely. So as you know, the proposed project is a two-family dwelling. It has one unit on the bottom floor and basement that's about 1,100 square feet. It's a two-bedroom, two-bath unit. This was revised per the board's comment at the last hearing that they thought a three-bedroom unit on the lower level seemed a little tight, so we did make that a little more spacious.

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The upper unit on the second and third floors is a three-bedroom, three-bath unit of about 1,200 square feet.

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The upper unit on the second and third floors is a three bedroom, three bath unit.

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I guess starting on the first floor, you can see that we have one bedroom, one bath, and the kitchen space and dining space for the unit.

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The basement contains a second bedroom at the front of the unit, a bathroom, furnace space.

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We have trash storage underneath the stairs, laundry, and then a living space at the rear of the basement unit.

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The rear of the first floor also has a recess in the building to accommodate an accessory parking space at the rear.

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On the second floor, we have sort of a mirror to the first floor.

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Then we have a bedroom at the front, kitchen, and then a combined living dining area at the rear of the space.

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there's also um trash storage at the base of the stairs to the third floor uh on the third floor

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we have a bedroom at the front and back and then each with a um bathroom in the middle as well as

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laundry space and uh space for the furnace and utilities and then the rooftop and then a rooftop

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deck which would be accessible to the upper unit since the first floor unit has the um rear the

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rear space of the building and then i don't know if we want to go to the front um i can

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talk about the elevation some so it's a pretty standard um brick facade the bay would be um

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done in a siding and then the rear and um sides would also be um done in siding as well and then

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the site plan you can kind of see the um that it's a uh through block uh property and the rear

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accessory parking would be accessed from the um reese street at the rear of the building

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and that would be um about it if anyone has any uh questions concerning the

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mr anastasia is that your presentation yes it is questions from the board

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yeah yeah i have a question a couple questions what's the height of the ceiling in the basement

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and what's the what's the depth below grade uh the height of the ceiling in the basement

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i believe we have at um eight six and the depth below grade should be um yeah let's check something

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here real quick

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and the depth below grade would be about um six feet below grade to the basement slab

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and what's the um what's the um the width of the uh egress well from the from the bedroom in the

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basement oh it would be on the front it would be six feet wide and then the living space on

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the rear we have a three foot well what's what's the six feet wide but what's the width what's the

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what's the depth oh the depth is three feet and um i believe about six inches of that is recessed

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INTO THE STRUCTURE, WHICH IS DUE TO REQUIREMENTS FOR STREETS ENCOURAGEMENT.

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OKAY. CAN YOU ZOOM INTO THAT? BECAUSE IT'S HARD TO SEE.

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ON THE SITE PLAN, MR. JOHNSON?

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ON THE SITE PLAN, YES.

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LET ME KNOW IF YOU NEED MORE.

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okay so okay so you've got three feet to the outside of the uh i guess the retaining wall

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of the egress well and then you've got your five foot uh pavement and another two feet okay

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at streets reviewing this or no uh yes they have okay and they have um approved it as uh shown

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Okay. And your egress well in the back is three feet, you said?

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Yes, it's three feet by three feet, and that projects the rear yard of the space.

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Okay. It looked a little tight next to the stairway in the back from the kitchen, but...

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All right. Thank you.

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The questions from the board.

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Questions or comments from our attorney, Hillary Amberson?

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I just wanted to note for the record, Mr. Anastasia, I think I emailed you previously.

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If you want the board to adopt these revised plans, we do need a proviso form, assuming they grant.

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That'll be worth coming.

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All right. Thank you.

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Mr. Chair, before you had technical difficulty, I did advise that I believe Mr. Andrew Friedman is in the audience.

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He is one of my clients, and if he is here, I would like him to adopt our presentation today and the previously presented presentation as well.

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Friedman?

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Andrew Friedman has been allowed to speak.

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Hi, how are you, Chair? How are you, Board?

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

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Hi, could you please state your name? It's Bellford, the stenographer.

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Andrew Friedman.

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Andrew Friedman, A-N-D-R-E-W, last name Friedman, F-R-I-E-D-M-A-N.

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We are affirmed to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Please proceed, sir.

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Thank you.

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Thank you, Mr. Chair.

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Mr. Friedman, did you hear the presentation today?

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I did.

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

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Yes.

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Do you adopt this and any previous presentation I've made to the board as your own testimony?

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I do.

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Thank you.

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Mr. Chair, we've already presented the difficulty of the block and the property, the adjacent property that triggers this strange 13-foot setback requirement is now a unicorn on that block.

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And for that reason, and with the hope that we've satisfied some of the design questions, I respectfully request the granting of the variance.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Chair, I do have one more question.

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Yeah, sure, go ahead.

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Is there a curb cut in the back?

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Is that part of the application also?

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Is that existing?

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I believe it was a new curb cut, but this was approved by the streets department for that location.

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Okay, all right.

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I also appreciate the changes you made to the basement unit.

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Thank you.

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Questions or comments? Planning, please.

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I move one with the Planning Commission.

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The comprehensive plan recommends no change in zoning to the existing Aurobine residential multifamily zoning at this location.

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The plan's application matches the character of the block base.

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The majority of the structures, nine versus five, have no setbacks.

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Planning Commission recommends with the Board grant their request of dimensional variance for front yard setback.

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Thank you.

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We're right with you. Here we go.

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MI 2024-002-348-2049 North Rudolph Street. I vote yes.

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Michael John.

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Mr. Chair, there are revised plans.

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With revised plan, one page stamp by ZBA on October 22nd, 2024.

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Michael Johns, my vote is yes with the revised plans.

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Cheryl Gaston, my vote is yes.

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Ms. Gaston, is that with proviso?

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Yes.

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Thank you.

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I win.

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My vote is yes with proviso.

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It's not a gram.

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My vote is yes with proviso.

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Thank you. Thank you. Thank you.

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Mr. Chair, I just want to note that Mr. Shahid has now joined us.

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Thank you, Mr. Shahid.

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Hold on a minute here.

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Mr. Shahid, can you hear us?

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Yes. Yes, I can hear you.

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OK, thank you.

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MI 2024, 005-342-1901 North American Street. Augusta O'Neill is the attorney. An appeal against L&I. And Leonard Reuter, please.

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Cher, I'm recusing myself from this.

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Yes, sir. Mr. Johns, thank you.

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Augusta O'Neill and Leonard Ruger will be joining us as a panelist.

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we see them

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