civus
Hearing video

ZBA Hearing - May 8, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 8, 20243h 45m

Thank you.

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Okay, Chair, we have 35 attendees.

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You can proceed as you wish.

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Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's ZBA hearings. With me is our vice chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, Thomas Holliman.

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Present, Mr. Chairman.

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And our board member, James Snell.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunken.

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Here's our virtual format.

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The proceedings are being recorded. With your participation, you agree to be recorded.

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The video will be available by contacting TanyaSunkett at phil.gov.

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For a court stenographer, attorneys and witnesses will identify themselves before testifying.

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If you're participating by phone, 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 the address of the property in question.

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

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All comments should be directed to our executive director, Tanya Sumpton.

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Let's look at our schedule for today.

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Number three, MI 2023-005-625-912 South Front Street.

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That case is continued.

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Number five, MI 2023-001-046-12066 Abbey Road.

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Vern Anastasio is the attorney.

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Mr. Anastasio, could you come on, please?

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Good morning, Mr. Chair.

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Could you state your name, please, and spell for this stenographer?

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Sure. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, representing Evelyn Barrera.

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Right. Do you swear or firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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This is the fourth listing. Could you tell us what this looks like?

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Mr. Chair, we were ready to roll today. Unfortunately, my client did not post properly.

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And we have a we have a English is not her first language.

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And there was some sort of miscommunication.

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So I'm going to send my own team out to post this time to make sure that it's done correctly.

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All right. So so number five, MI 2023 001 046 12066 Abbey Road.

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Cases continued. Mark must be heard.

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thank you and Mr. Anastasia the next case excuse me I'm sorry Mr. Chair Councilman O'Neill has

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his hand raised I believe regarding the Abbey Road matter yep Councilman

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Brian O'Neill good morning Mr. Chair members of the board morning sir could you just for the

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record state your name as bill for this stenographer sir yes Brian O'Neill uh Councilman

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for the 10th district which includes abbey road the case in front of you right do you swear or

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firm to tell the truth told truth nothing but the truth sir yes please proceed please yes i would

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i would just um mention to the board and bring it to their attention that you may already have

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all this but this matter uh has been going on for i think close to two years um all different

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reasons. And it's an illegal use. It's been running for two years. The neighbors are

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extremely frustrated. And we would waive any posting because everyone knows about this case

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in that community. So first of all, I would ask if it could be waived. We would.

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if not the quickest and shortest continuance.

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the quickest and shortest continuance that you've ever done because this is a triplex that is only

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zoned as a duplex. There's 40 or more of them that were built mostly with little street

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frontage and small driveways in between the rows of duplexes and several owner-occupied.

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And it's been quite a controversy for now almost two years.

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okay um councilman we're we're going to continue it this will be heard the next time must be heard

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and we will look at the opportunity what opportunity we have the speed is bringing

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back but i i can't promise that but we will check with the staff and we appreciate your

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comments and your time okay well thank you i appreciate mr anastasia did you hear that

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Yeah, I mean, if the council member's position is on the record, I do just want to state as a counter that the property is not occupied for right now as a triplex.

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So there's no damage to the community as we wait for another hearing.

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Thank you.

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Okay, thank you. So number, by the way, Mr. Anastasio, number six, MI-2022-007-252-3730 North 18th Street.

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Yes, sir.

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That's your case. Could you tell us the status of that?

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Yeah, I actually have several that we're going to be talking about before the hearing.

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uh north 18th street uh the rco has asked that we return um and therefore we wanted to grant

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you know grant that accommodation okay so mi2022 007 252 3730 north 18th street cases continued

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mark must be heard and number eight i believe is yours too

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So MI 2023-002-909-2651 North 17th Street.

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Yeah, I've already submitted my objection to the granting of the continuance, but I do understand and have already notified my client that the board's inclined to grant it.

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All right. So, MI2023, 002-909-2651 North 17th Street. Case is continued. Mark must be heard. Thank you, sir.

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And I have one withdrawal, Mr. Chair.

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What number is that?

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532 East Johnson.

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Okay, hold on. Okay. So, okay, thank you. I'm going to, yeah, all right, let me do it now.

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So MI 2023-006-952-532-East Johnson Street, case has been withdrawn.

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Thank you, sir.

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Thank you, Mr. Thank you.

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Number 10, MI 2023-007-024-8575 Tarsdale Avenue, that case has continued.

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Are there any other requests for continuance?

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Good morning, Jared.

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

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I see no hands. All right. So we have a few no exhibits. Number one, MI 2023-002-867-1775

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Bridge Street. Cos Ben at the Carbner is the applicant. Colonial One Realty is the listed

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owner. There's no exhibits. This is the second listing.

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I've been at the Carter if you're an audience please raise your virtual hand

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I see no hands thank you so there was a written request at the last hearing for this to be

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continued. So, MI 2023-002-867-1775 Bridge Street. Cases continued. Mark, must be heard.

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Number 12.

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So, okay. So, MI 2023-002-871-2146 Bridge Street. Kasben Abdekar is the applicant on this one too.

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Call his name one more time, please.

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Haspen Abdikadir.

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If you're in the audience, please raise your virtual hand.

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I see no hands.

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Thank you.

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So MI 2023-002-871-2146 Bridge Street.

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Case continued.

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Mark must be heard.

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Number 13.

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MI 2023-006-952-532

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Mr. Scherr, 532 East Johnson, that was just withdrawn

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Mr. Scherer, that 532 East Johnson, that was just withdrawn.

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Okay, you're right

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Okay, you're right.

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I'm sorry.

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Do you mind, Mr. Scherer, can you go back to number 11?

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Just note that that was withdrawn as well.

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Yeah, I was going to call that at the end, but I will do that.

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Number 11, MI-2023-007-019-125 North 10th Street, that case has been withdrawn.

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And number 17, MI 2022-006-735-4031 Spring Guard Street.

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Jeffrey Young was the attorney listed.

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Devin

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was contacted

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for status on this case

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no exhibits

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forth listening

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Chair we have a

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Eunice Sidenar with their hand

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raised I have allowed them

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to speak

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Good morning Mr. Chair

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Hi could you please state your name and spell for the

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court stenographer

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my name is

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Yanis

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Sygnor

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S-Y-B-N-O-R

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at

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4013

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Spring Garden

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Street

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right

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do you swear

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for him to tell

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the truth

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the whole truth

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and nothing

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but the truth

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I do

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are you a neighbor

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or you

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have interest

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in this case

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I am a neighbor

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I have

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interest

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in this case

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I live

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not far

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from the

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property

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and I

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would like

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to share

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some thoughts

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may I please

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Why don't we do this? Let me see if any attorney answers first before we go on with this, okay?

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Thank you, Mr. Chair. Good morning.

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So is Mr. Uptock in the audience or Mr. Young?

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We have Pamela Andrews with their hand raised.

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Okay.

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I have allowed them to speak.

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

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hello

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Pamela Andrews

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please unmute yourself

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you're free to speak

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good morning can you hear me now

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yes could you please state your name and spell for the stenographer

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thank you

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Pamela Andrews

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P-A-M-E-L-A

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A-N-D

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R-E-W-S

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you swear affirm to tell the truth

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the whole truth nothing but the truth

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I do

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are you an attorney

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I am not. I am the chair of West Palp and Saunders Park.

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So I'm looking for I'm trying to see if the attorney's here or not yet.

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OK, so and I'll you'll I'll get back to you. OK.

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Do we see Mr. Updott in the audience?

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There are no hands. OK, so this is the fourth listing for this case.

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So Mr. Chair, can we can we just go back to Miss Andrews for a moment?

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i just want to hear if they've had contact with the applicant or what's going on i assume

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i assume she's the coordinating rco hi please miss andrews please proceed we have had i have

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had no contact at all with the attorney and this is i believe the fourth time this case has come

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before you okay all right hillary we're going to move forward okay

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Yep, that's fine, Mr. Chair. I just wanted to have that on the record.

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Absolutely. So MI-2022-006-735-4031 Spring Garden Street, 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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Ishmael Shaheed, my vote is to dismiss.

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Thank you.

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we're going to start our

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cases and we're going to start at number

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14, MI2023

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006

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620

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5421 Baltimore Avenue

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Is there a

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