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Hearing video

ZBA Hearing - August 13, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 13, 20256h 43m

detached from each other um you can see that here i'll zoom in so the the plan that i think

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you should pay the most attention to and i'll show both if i can on the sunscreen is the one

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on the bottom um here's that commercial space it has entry from rittenhouse street the residential

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apartment also has entry from rittenhouse street in this little staircase there's that bathroom

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to the commercial space there's a space back here in between the office use and the commercial use

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that's where the utilities and the mechanicals are stored

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and that's owner access only

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moving backward on Marion Street

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here's the office space

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you have that

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you have a bathroom

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you have that loft here

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you can see the loft up here

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there's these big skylights

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that shed a lot of light down in that office space

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and then here's the two garage spaces

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they are

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1,700 square feet combined

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approximately

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And it also has a loft the larger one

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Here's the RCO meeting notice.

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Here's the RCO meeting notice I have

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I have interior photos for you, if you just bear with me.

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I'll just pull those up in one moment.

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Here's the RCO meeting notice.

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We met with the 59th Democratic Ward.

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Again, they were in support of this project.

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The notice was mailed out.

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Here are the properties that it was mailed to, 96 in total.

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Mailing certificates, application for appeal, deed to the property, and tax clearance.

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So with that, while I'm pulling up the interior photos for the board's view, I would ask my client to be sworn.

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Could you pull the microphone and turn it on and bring it close to you?

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

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Danielle Bush, D-A-N-Y-E-L-L-E-B-U-S-H.

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

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Yes.

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Counsel?

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Ms. Bush, did you hear my testimony today?

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Yes.

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And was it true and correct?

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Yes.

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And do you adopt it as your own?

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Yes.

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Thank you.

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Questions from the board?

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Questions or comments?

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I do have a question.

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So in the future, are these going to have, like, suite numbers to be able to delineate, like, if a tenant comes in and they have to come back to zoning for any reason?

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For which?

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For any of them, because there's now two garages.

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There's the office and there's the retail space and the apartment.

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Just sort of, like, administratively, how will they be identified?

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I'm not sure how that will function.

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um hillary i don't know if would you just apply generally for that use and say tell the examiner

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it's for a specific space usually when we're in a multi-tenant building when we apply they ask for

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a general plan so that they know exactly where they do but i feel like we usually like i'll

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provide those suite one or floor one yes so we so

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generally a use applies to the entire building unless it's specified at a certain location

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And I think, honestly, I think they're trying to do, it's my understanding that they're trying to do away with, like, identifying specific suites and stuff so there's not as many people coming so they can just have it applied to the whole property.

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However, that gets a little complicated when you have tenants coming in with specific units.

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um so i'm not exactly sure what lni's process is but in this case because it because it is the

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the owner applying um the way the refusal is written this you know this applies to the whole

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building and if there was all three will apply to the whole building um technically the garage

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right before the four well and then you have to get excuse me you have to get a use permit just

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to confirm whatever the cmx2 use ends up being um but yeah that the way this is written is that

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they would apply for the they would apply to the entire building yeah it seems weird to have a

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residential unit that technically have a commercial space in a garage approved to be a single family

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residence yeah i mean it's a funky building any other comments from our attorney um i i did have

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a question. So the refusal for the tobacco products. So one, there's not a specific use

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for that. And two, that's technically regulated by the health department. However, businesses

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do have to have the correct zoning to be able to sell tobacco. Normally that's some

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sort of retail sales um so would your client be okay with no retail sales period or would like

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i don't think so i mean my understanding from the community meeting was that they weren't

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interested in us having like a convenience store or something like that or obviously you know like

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a pipe place or a smoking lounge or anything like that and some of that is allowed in cmx too

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which is what you know which is why they wanted some assurances that we would not have those

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types of uses but retail as a whole i think closes us off from a lot of viable uses one of the

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potential tenants they're talking to now is i think she makes dyed yarn or something like that

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i think that would be a retail use selling that so yeah i think i mean

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And for, I mean, there's, so there's, we just had this come up the other day.

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I mean, there's a drug, there's a drug paraphernalia category, but that's not necessarily going

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There's a drug paraphernalia category, but that's not necessarily going to encompass, I think, the tobacco products they don't want to see.

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to.

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I mean, it's really – it all kind of falls under consumer goods, retail sales of consumer goods.

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I think that's what people typically need to have in order to be able to sell tobacco products.

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um and then sometimes i think well sometimes people will do that also with food beverages

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and groceries although i think technically they need the consumer goods part so that would be

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like the that would be the probably the section of if your client was okay with not selling

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tobacco products it would have to be like no retail sale of consumer goods but i realize that

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that might be more limiting than you would like but we also are a bit constrained on what we can

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do with tobacco both because the health department regulates that and also um state law limits what

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we can do as well front so what would you do with the storefront if you can't do retail sales

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yeah i don't think that the rca i can't speak for them i don't think their intention was to

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limit us that much um we were on board with what the conversation was which no sort of

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negative yeah so i don't know if you know i i understand that the board would want to honor

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what the rco is asking for but if what they're asking for is a result of that is you know so

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So let me – I'll just look at one other thing because it's possible that in this area, tobacco permits are capped.

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So even if you wanted to sell tobacco products, you would not be able to.

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So if that's the case, then that might help them be like, look, we couldn't get a permit if we tried because they're capped.

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So I'll just – I'll take a look at that.

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But I suspect this area may be capped because most of the areas in the city are.

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you can't get its back apartment to sell products so that works for us yeah i'll take a look i did

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have one other question is there a rear yard no so for the businesses in the future where are they

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going to be doing loading garbage and are they all separately metered in that interim interstitial

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space yeah so as far as garbage and loading um we don't anticipate with the the office use and

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that small commercial use we're going to have there's going to be a lot of deliveries or loading

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needed um it would you know it would probably be happening on rittenhouse street because it's a

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wider street and we wouldn't be blocking the street uh as as easily um do you know if there's

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any loading spots on on rittenhouse or marion there's large apartment buildings directly across

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they may have loading spaces um i don't think there would be a lot of loading in and out of

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the garage spaces because they would pull into the garage um so

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questions or comments from the virtual audience

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planning commission chair we do have a hand um charles richardson and he's coming back in as a

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panelist good afternoon again mr chair um mr richardson you uh are always there uh just state

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your name and proceed yes sir charles richardson r-i-c-h-a-r-d-s-o-n office of councilwoman cindy

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bathroom 508 city hall uh with regard to the commercial space in the front i do know that

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the rco and the community he was not interested in convenience stores uh smoke shops things along

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those lines so you know any type of proviso that could be you know that there could be figured out

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that would be beneficial and would be not opposed as long as there is some kind of movement towards

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you know possibly no retailer things along those lines it depends on types of retail and that type

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of thing but at this point you know she is is is not opposed but again leaning towards those

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provisos that the 59th board has put forward. Thank you sir we appreciate it. Anyone else

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their virtual audience planning commission good evening chair and members of the board

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liz fuselay capital f-u-s-e-l-i-e-r on behalf of the plant philadelphia

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city planning commission the comprehensive plan recommends no change to the existing rsa5

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city planning commission the comprehensive plan recommends no change to the

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residential single family attached zoning at this location this location has a documented history

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of commercial use on the first floor the appellant has demonstrated that the proposed uses would not

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cause detriment to the community beyond what might otherwise be expected therefore the city

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planning commission recommends the board grant the requested variants for multiple principal uses and

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business and professional and wholesale distribution and equipment and material storage uses with a

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recommended proviso of interior trash and material storage along written house thank you uh hillary

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two weeks one week one week so uh next wednesday at 2 p.m we'll vote sounds good thank you very

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much and thanks for being patient okay um we're going to go right into the 3 30 list

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first of all is there anyone whose case has not been called on the 2 p.m list

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i see no hands chair good afternoon my name is bill bergman and i will be

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chairing this meeting of the philadelphia zoning board with me is our board member cheryl l gaston

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present mr chairman or member tanetta graham president mr chairman board member michael

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johns president mr chairman board member taiwan president chairman or member ryan mcadams president

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mr chairman also present is the board attorney hillary emerson and our board administrator

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lakeisha dandy recording of this hearing will be posted on the zba website by participating

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you consent to be recorded. This is an in-person meeting with remote capabilities. Whether remote

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or in person, if you're called to speak, you must state and spell your name, then wait to be sworn

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in. Once you've been sworn in, please state your name each time before you begin your testimony.

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Any person may enter their appearance to become an interested party. There are three ways. You

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identify the case address on your Zoom webinar registration, you can see a staff member, or you

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Call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and address of the property of the case.

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Following guidance is for remote attendees.

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First, when directed by the chair, you must raise your virtual hand in order to be recognized to speak.

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Second, if you're called to testify, you'll be prompted to join as a panelist.

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Please accept the request and turn to your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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Fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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Let's look at our schedule for this afternoon.

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Number five.

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number five mi 2024 006 1228 14 brighton street um this case has been continued

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to 3 25 26 at 3 30 at 3 30 p.m

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is there any other requests for continuance

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i see no handshare number one i have no exhibits mi 2024 006 137 67 north 63rd street this is the

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second listing um case was continued on 2 1926 um and miss janice ferguson appeared we still

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do not have any exhibits. Ms. Ferguson.

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No hands,

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Chair. This is the second

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listing. We still do not have any

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exhibits. So

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MI 2024-006-137-67

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North 63rd Street, I vote

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to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston,

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my vote is to dismiss.

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Toretta Graham, my vote is to dismiss.

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Brian McAdams, my vote is to dismiss.

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I win, my vote is to dismiss.

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And MI 2024-006-058-120-66 Abbey Road, this case has been withdrawn.

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MI 2024-006-112-120 Scherz Lane.

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one one two one twenty shares lane william o'brien is the attorney

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William O'Brien is the attorney.

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there's a letter of opposition from the manning out neighborhood council

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mr o'brien please state your name is spelled for the stenographer uh good afternoon mr chairman

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members of the board william o'brien obr ien from the manny uncle office on behalf of main street

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properties, the owner of

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120 Shores Lane. Do you swear

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or affirm to tell the truth, the whole truth, and nothing

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but the truth? I do.

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Tanetta Graham has a few questions for you.

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Good afternoon, or evening. Have you

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submitted your documents five days in advance

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of the hearing? Yes, I did.

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And do you waive the refusal

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and stipulate to its accuracy? I do.

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Okay, thank you. You can see your screen and proceed

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to put your case on. May I be

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elevated

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to a panelist?

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We'll take care of that.

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and as a panelist

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