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Hearing video

ZBA Hearing - April 10, 2024

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

In addition, we're essentially extending a nonconforming use in the backyard, which is creating a dimensional refusal for rear yard setback.

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But again, it's already a nonconforming building.

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But we'll go over that when we review the refusal.

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Then we'll review the letter of support from the 37th Ward Executive Democratic Committee.

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That was a very well attended meeting.

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23 people voted and 23 people voted in support.

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So it's not often that you have a room that large where everyone's in support or something.

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But we also have a petition as well that my client did.

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He canvassed the neighborhood and we have extensive support by way of a petition and

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letters of support.

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Then you'll see the property history where this has been a five-unit building at one point.

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So what we're seeking, it's not out of character.

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It fits within not only the fabric of the neighborhood, but it's consistent with its previous use at one point.

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Then maps of the area, photographs of the property, our plans and drawings,

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our RCO meeting notice and proof of mailing that notice to the affected properties within a 250-square-foot radius,

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our application for appeal that we filed on behalf of 726 W. Lehigh LLC,

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along with the deed showing that they own the property and the certificate of tax clearance showing that no real estate taxes are owed through the date of today's hearing.

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At the conclusion of my presentation, I would ask that Mr. Nunez virtually raise his hand, be sworn in, and then I'll ask him essentially to adopt my testimony as his own.

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Notice refusal, again, CMX2 property here.

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What we're looking to do is keep the existing building structure in the rear.

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there's like a like an extension to it it's dilapidated it needs to be replaced we're

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demolishing that small portion of it that extends out which is the non-conforming part of the lot

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and then we're building rebuilding that and then extending out in the back as well

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and you know that's the first that's one of the refusals and then the other two refusals just

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have to do with the fact that we're not putting commercial use on the ground floor on the ground

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floor. Again, you'll see from the photographs of this property, this property does not look

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like a CMX2 property. It looks like a multifamily property, but not a CMX2 property. There's no

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storefront there, and it would be very expensive to reconfigure the property that way, and it

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to reconfigure the property that way. And it has character to its history as well. And then

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have character to its history.

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the unit count too, given the size of a lot, we're running afoul the Philadelphia zoning code.

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But again, there has been a history of five unit use in the past, and we don't think that that's

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out of character. And it's more of a de minimis request on our part. Letter of support, again,

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23 people voted in favor of this project.

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Again, my client's a well-known quantity in this neighborhood does great housing, affordable housing.

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And by adding this additional unit, it's going to keep it at more of an affordable rate as well.

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Petition, again, because we're so well-known, was able to easily canvass the neighborhood and get extreme support from surrounding property owners.

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and then he does he does do affordable housing here and you know this is a letter from one of

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those providers that's in the community that he's worked with in the past that was complementary of

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the services he provided with his housing and so you know showing that as well that's why he has

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such a great reputation in the neighborhood and then property history again this used to be a

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five-family dwelling at one point. Maps to the area. Again, we are CMX2. We're surrounded by

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RM1 on our side of the street. And we are in Lehigh, but this is not a commercial property.

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This is what our property looks like. This is not a storefront that you would see on the CMX2

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property. So this property is clearly mislabeled. In order for us to have a commercial component

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here, we would have to expend an extensive amount of money that really we need to dedicate to the

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back, which is having, you know, issues. And that's why we're demolishing the rear portion

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of the property, the non-conforming portion, and it building upward. But there's, you know,

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it's just complete gut job. And you'll see from our rendering what we want to do with this property,

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which would not be possible if we had to have a commercial component on the ground floor.

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Proof of posting for today's hearing. The rear of the property showing, again, not a very large backyard, but we wanted to show, that was asked of us, and obviously we want to embrace the fact that this is a non-conforming building structure, and then you can see it from a more higher point of view, you can see how we jet out as well, and then it's a different angle as well.

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But again, not out of character.

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There are other building structures that kind of jet out similarly.

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And then this is Lehigh from the left and right of the property.

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And then this additional, by the way, this additional residential use will help support that commercial order that does exist there.

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We just don't feel like it's appropriate for us to be forced to essentially convert our building structure to commercial use where it's never been used that way.

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And more importantly, how it's configured right now would be very expensive to reconfigure it to commercial use.

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So this is what we're looking to do here. Again, clean up the brickwork, you know, get, you know, focus on the lentils and the cornice lines and just do a complete renovation of this property inside and out.

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And then we met on March 19th at 6 p.m. Again, very well attended meeting. The notice was emailed a few weeks before the meeting to the affected RCOs, as well as the district council member zoning aid.

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And 139 addresses were mailed that notice.

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These are the addresses and proof of mailing to those addresses.

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Our application for appeal that we filed on behalf of 726 W. Lehigh LLC, along with the notice of refusal and the project information form, our deed to the property showing that 726 W. Lehigh LLC is the owner of the property, and finally, the Certificate of Tax Clearance.

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With that being said, I would ask that.

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Mr. Nockamson, real quick, did you show where the apartments go?

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Oh, yeah, sure.

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I don't remember seeing that.

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I'm just curious.

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Yeah, let's see.

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All right, so you walk into a common vegetable area, right?

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We have unit number one, which is the ground floor, and then there's a lower level.

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That's a bi-level unit.

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That's a two-bedge and one-bath.

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You go up a flight of steps, and there's basically two units on the other floor.

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You go to the right.

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You have unit number two, which is a studio and one-bath, and unit number three, which

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is also a studio and one-bath, and then unit four and five are also a studio and one-bath.

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And then unit four and five are also studio and one bats.

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All right.

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My client, again, deals with, you know, the affordable housing that he deals with.

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And I know that the planning commission is going to say just do the affordable housing bonus.

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But like, you know, this is his business model.

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And the reason why he needs the configuration he has is that usually the people that he rents to are single individuals who are looking to restart their lives in a way.

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And it's been a very successful program that he has because a lot of those individuals get back on their feet and then they become tenants in other properties he has.

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He does have a two-bedroom one for someone who may have a couple, who may have a kid, who need to get back on their feet.

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But that's his business model.

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Okay.

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You want to bring him on, adopt your testimony?

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Yes.

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Yes.

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Mr. Nunez?

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Robert.

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Nunez has been allowed to speak. Sir, could you please state your name and spell for the stenographer?

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Please unmute yourself, Robert.

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Sorry, is that better? Hi, could you state your name please and spell for the stenographer?

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Yes, Robert Nunez, R-O-B-E-R-T-I-N-N-U-N-E-Z.

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

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Yes.

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Please proceed, counsel.

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Yes, Mr. Nunez, have you heard everything I had to say today about your zoning matter?

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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 do you adopt it as your own testimony?

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Yes.

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All right, thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Hi, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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We have Andrew.

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They haven't allowed to speak.

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

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Yes.

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My name is Andrew, A-N-D-R-E-W.

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My last name is E-F-I-M-O-V.

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Right.

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

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Yes, sir.

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Are you a neighbor?

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Are you a neighbor?

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Yes, I am.

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Yes.

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Please proceed.

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I just wanted to give all the support to the projects in that area, especially with the development team like Robert.

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I think he does a fantastic job.

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He creates new transition homes for the people that are in need.

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It clearly, you can clearly see that by the community support.

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I think it's a fantastic project.

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I think the development team behind it is amazing.

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And I wish him nothing but the best.

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And hopefully you will give him support.

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Thank you.

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Thank you for taking the time to close.

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We appreciate it.

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Is there anyone else in the virtual audience?

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Yes, we have Dimitri.

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They haven't allowed to speak.

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Hi, sir.

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Could you please state your name and spell for the sonographer?

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Dimitri?

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Dimitri, please unmute yourself.

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Dimitri?

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Sorry, Chair, it seems like they're not.

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Is there anyone else?

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There are no other hands.

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Thank you.

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Planning Commission.

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Thank you, Chair Bergman.

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Sarah Bond with the Philadelphia City Planning Commission.

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The comprehensive plan recommends a zoning map

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change to multifamily residential at this location. The proposed dwelling unit count is in keeping

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with permits granted to properties on this block face. Not providing ground floor commercial is in

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use in or rather is in alignment with recommended remapping to residential multifamily adjacent

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properties and the structure of the existing building. The City Planning Commission recommends

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that the Zoning Board grant the variances for no ground floor commercial, reduced rear yard setback

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and for lot area per dwelling unit.

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Thank you.

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MI 2024-000163-726 Wesley Eye Avenue.

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I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Mr. Nockamson, could you stay on, please?

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We're going to MI 2024.

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I'm sorry, I didn't mean to interrupt.

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Sure.

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MI 2024-000-313-1610 West Tioga Street.

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Mr. Nockamson is the attorney.

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There's a letter of support from Nicetown Tioga Improvement Team with unenforceable provisos.

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Could you identify your client, Mr. Nockamson, and the relationship to the property?

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Could you identify your client, Mr. Nockmson, and the relationship to the property?

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So I was going to say, I'm going to defer to Mr. Goldberg.

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Oh, okay, sure.

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I figured it would be a team effort today.

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Okay, good.

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Thank you.

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Thank you.

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Thank you for your time.

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This is your third team member today.

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That's what I'm saying.

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We're doing the whole parlay here.

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All right.

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Mr. Goldberg.

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Good afternoon, Mr. Chairman.

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

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Alex Goldberg, A-L-E-X-G-O-L-D-B-E-R-G.

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

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I do.

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Could you identify your client or relationship to the property?

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Yes, my client is Ruth Davidson and Cheryl Tyler, the owners of the property.

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Mr. Holloman has just a few questions.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Did you email all the exhibits and documents as required five days in advance to this hearing?

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I did.

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Thank you. Please proceed and share your screen.

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Okay. Mr. Chairman, can you see my screen?

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