civus
Hearing video

ZBA Hearing - April 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 10, 20246h 50m

I'm just waiting for the attendees to enter to the room it's time on yes Mr. Chairman thank you

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Chair, we have 52 attendees. You can proceed as you wish.

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Thank you.

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Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is our board member, Thomas Holliman.

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Present, Mr. Chairman.

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Our board member, James Snell.

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Present, Mr. Chairman.

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Also, LeBaron Leonard Palmer from the Division of Development Services will be serving as our alternate board member this morning.

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Good morning, Mr. Chairman.

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And also here is our attorney, Hillary Emerson, and our executive director, Tanya Sunkett.

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Here's our virtual format.

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Be advised the proceedings are being recorded.

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The video will be available by contacting tanyasunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter the appearance statement, call 267-270-5548.

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Leave your email address and also the address of the property in question.

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And finally, the question answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunke.

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Let's look at our schedule for today.

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Number four, MI 2023-006-463-2528-30 South 69th Street. That case is continued.

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Number seven, MI 2023-006-466-422 Fountain Street.

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That case is continued.

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Number nine, MI 2023-006-519-20 South Ruby Street.

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David Orphanides is the attorney. I believe he's requesting it continues. Mr. Orphanides.

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

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Nadia, you can unmute Andrea Solomon. She is from Mr. Orphanides' firm.

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Okay. They have been unmuted and allowed to speak.

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Good morning. Hi, good morning. Hi, good morning. Could you please state your name and spell for

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the court stenographer? My name is Andrea Solomon, A-N-D-R-E-A-S-A-L-O-M-O-N. Do you swear for him

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to tell the truth, the whole truth, and nothing but the truth? I do. Wait, case number MI 2023-006-519-20

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South Ruby Street. I understand Mr. Orphanidis may want a continuance. Is that correct? That's

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correct, Mr. Chairman. We've spoken to the community organization and are going to be

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incorporating some revisions based on their recommendations. Thank you very much for your

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call. So MI 2023-006-519-20 South Ruby Street, that case is continued. Number 11,

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M.I. 2023-006-537-4423 St. David Street. That case is continued.

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Let's see.

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number 15 mi 2023 006 568 216 south 52nd street roger perry is the attorney also is the rco present

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good morning chair um there are three hands raised we have a danielo burgos with their hands

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so why don't we do this first why don't we bring mr perry he's there yeah i'm here if uh

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good morning mr perry hold on a minute and then bring one person whoever's the head of the rco or

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wants to speak for the RSO, could you bring them on?

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I believe, so the person who raised their hand, that may be from the RCO, is Saba Tedla.

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I believe, so the person who raised their hand, that maybe.

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Okay.

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So I could be wrong, but that individual raised their hand when we asked for the RCO.

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That's the wrong one.

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Oh, it's the wrong one?

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Okay, who's the name?

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We can barely hear you, Mr. Perry.

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Oh, I'm sorry.

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Saba's on another case.

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Oh, okay.

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All right. Mr. Perry, state your name, please, and spell for the court.

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Thank you. Roger Perry, P-E-R-R-Y. I'm an attorney on the station for 216 South 52nd Street.

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

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Yes, I do.

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Do we have an RCO member available?

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Yeah, we have Zoom user with the hand raised. I'll allow you to speak.

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okay sure hi i could you please state your name and spell for the court sonographer

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please unmute yourself zoom user

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it seems they may be having technical difficulties

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Okay. Mr. Perry, we had information that the RCO would be requesting a continuance. Are you aware

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of that? Yes, we've heard that, and we have had two meetings, so we would just ask that the

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administration try to arrange a short continuance if possible. Okay. Mr. Chair, I see Mr. Goodman

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had his hand raised. Okay. I was just about to say that, Hillary. Thank you.

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Yeah. Morning, Mr. Goodman. Morning, Mr. Chair. Could you state your name, please, and spell for

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the court's sonata? Absolutely. Andrew Goodman, A-N-D-R-E-W-G-O-O-D-M-A-N, here representing

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the office of Third District Council Member Jamie Gaudier, room 316 City Hall. Do you swear or

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affirm to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Mr. Goodman,

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And we understand there's a request for a continuance. Is that correct from the RCO?

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Yes. So I can attest I have heard from the coordinating RCO directly as well as received their letter.

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I think it's, yeah, there is a kind of requested revision.

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So I think all parties are going to work actively and collaboratively.

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So a short continuance would be much appreciated.

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Thank you. Mr. Perry, you understand that, right? Am I correct? Are you okay with that?

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Just that we would ask for, because it's a vacant store waiting to open,

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And maybe if we could get it within 30 days, that would be appreciated.

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Well, what we'll do is I'll have the office check with the office and we'll see what we can do with that.

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So MI 2023-006-568-216 South 52nd Street.

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That case is continued.

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Hi, Chair.

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This is Tanya.

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I just wanted to put on the record that that will not be possible, but we'll try to get it as early as we can.

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That's why I said for him to check with the office.

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Thank you very much. Number 17, MI 2023, 006-613-5033 Duffield Street. That case is continued.

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And number 21, MI 2024, 001-89-1515 Westmoreland Street. That case has been continued.

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Are there any other, are there any comments relative to the cases that have been called?

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Are there any other requests for continuance?

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Yes, Chair, we have two hands.

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Captain Blunt has been allowed to speak.

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Yes, hello.

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Hi, good morning.

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

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Catherine, C-A-T-H-E-R-I-N-E.

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Blunt, B-L-U-N-T.

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Right.

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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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What case do you want to talk about?

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Well, I want to talk about case MI-2023-006464, ZP-23.

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What's the location of that?

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451 South 48th Street.

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Mm-hmm.

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Go on ma'am. Okay, so I requested, I sent a letter requesting a continuance because the ZBA RCO process was circumvented. The description of the work or the project was not transparent.

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Are you from the 46th Ward RCO? Yes, I am. It was not transparent and that came out.

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It was not transparent, and that came out during the February 15th meeting, and we requested that there be a second meeting.

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Okay.

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All right.

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Let me see.

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Is Jonas McCunkus or Victoria Harris on the line?

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Yes, Jonas has been allowed to speak.

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Good morning.

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Could you please state your name?

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it's spelled for the court stenographer. Good morning, Mr. Chair. My name is Jonas Matsunas,

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spelled J-O-N-A-S, M as Michael, A-C-I-U, N as Nancy, A-S. Right. Do you swear or affirm to tell

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the truth, the whole truth, and nothing but the truth? I do. So there was an RCO member was on

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requesting a continuance. Yes. Are you aware of this issue? I am aware of the issue. Okay. And

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you're okay with a continuance? No, we object to the request. We sent a letter to the ZBA board

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counsel objecting to it and illustrating several points at which the 46th Ward has written untruths

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about the way that we proceed. So here's what we're going to do. We're going to hear that case

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first, and I'm still going to go through, so I will call you back, and the RCO will have a chance

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It's a test-fied hearing.

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Thank you.

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Thank you.

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Mr. Chair, I just want to note for the record, I don't recall seeing the continuance request or the response in this matter from the RCO and the applicant.

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So that's why this one was not marked for a request for continuance.

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Very good.

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Thank you.

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I can't find it.

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Thank you.

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Are there any other requests for continuance?

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Yes.

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Vern Anastasio has been allowed to speak.

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Good morning, counsel.

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could you please state your name and spell for the court stenographer good morning chair verne

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anastasio a-n-a-s-t-a-s-i-o you swear a firm to tell the truth the whole truth and nothing but

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the truth i do sir are you here for 303 brown street yes sir and uh i understand you want to

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withdraw that am i correct yes please okay all right so mi 2022 003 288 303 brown street number

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c this case has been withdrawn thank you sir thank you all right we're going to go now to

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number two mi 2023 000 990 8129 germantown avenue michael bowman is the attorney

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we have no exhibits for this this is the third listing

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michael bowman if you're an audience please raise your hand

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i see no hands chair okay so mi 2023 000 990 81 19 81 29 germantown avenue we have no exhibits

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this is the third third listing no one's in the audience i vote to dismiss

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Thomas Holloman, my vote is to dismiss

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James Snell, my vote is to dismiss

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And number 16

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MI 2023-006-599-1150 Stevens Road

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Isaac Slepner is the attorney for the owners

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This is the first listing, we do not have any exhibits

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Mr. Slepner or also Gregory or Karen Olenski?

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Yes, good morning, Chair.

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Isaac Slepner here for the applicants.

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I sent those on Friday.

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Hold on, do me a favor.

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State your name and then spell for the court stenographer.

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Yes, my name is Isaac, I-S-A-A-C, last name Slepner, S-L-E-P-N-E-R.

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

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Yes, I do.

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Mr. Slepner, we at this point, we don't see exhibits for you.

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You don't have any exhibits because I sent them on Friday the 5th.

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I sent to RCO's EBA and RCO notification.

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Okay.

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Hillary, do we have anything?

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I don't have anything.

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So they weren't sent to board council.

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So that's why I didn't see them.

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And I don't know.

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I believe this was this case was also on the staff's list of no exhibits.

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So, I mean, they can double check and make sure, but they may not have received them either.

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We're here and ready to proceed.

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Hillary, the staff has them.

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They're sending them to you now.

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OK.

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OK.

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Let's put this one at the end, then I will review them.

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Mr.

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Mr.

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Slepner, we'll go through the we'll have the documents.

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We'll hear this one.

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It's towards the end.

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OK.

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So what on the one o'clock list?

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So what on the one o'clock list? Oh, no, no, no, no, the morning list. Oh, OK, great. No, no, no, no, the morning list. All right. I'm here. All right. Thank you. And number number 20.

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Oh, no, no, no, no.

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The morning list.

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Oh, okay.

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MI 2024-001-185-616-North 11th Street, no exhibits, first listing.

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Brooke Diggs is the listed applicant.

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Prosperous Investments 66 LLC is the listed owner.

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Brooke Diggs if you're in the audience please raise your virtual hand

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Chair we have Alex Udovich with their hands raised they have been allowed to speak

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I apologize I should have lowered my hand I was going to testify on 1150 Stevens

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so I'll wait for that case to come up again thank you thank you

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brook digs or prosperous investments i see no hands thank you so mi 2024 001 185 616 north

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11th street uh we have no exhibits this case is continued but will be marked must be heard thank

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Thank you.

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We're going to go to our add-on list.

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