civus
Hearing video

ZBA Hearing - April 9, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 9, 20255h 27m

adopt and affirm why don't why don't we bring your client on adopt your testimony

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thank you mo rusty would you kindly raise your virtual hand to be recognized by chairman bergman

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there he is

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the attendee is allowed. Sure. Good morning, Mr. Chairman. Good morning, sir. Could you please

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state your name and spell for the court stenographer? My name is Muhammad Rushdie,

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M-O-H-A-M-E-D. Last name is Rushdie, R-U-S-H-D-Y. Do you swear or affirm that tell the truth,

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the whole truth, nothing but the truth? I do. Please proceed, counsel.

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Good morning, Mr. Rushdie. Have you been present during the entirety of this

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hybrid presentation before the Zoning Board of Adjustment? Yes, I have. And would you adopt

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and affirm the testimony that I've offered as your own? Yes, it is. Thank you, Mr. Rushdie.

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Questions or comments from our attorney, Hillary Emerson? Not at this time, Mr. Chair. Questions

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or comments from the virtual audience? No hands raised at this time, Chair. Planning Commission.

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It's Ron Bednar, City Planning. That property is indicated for multifamily residential on the city plan. Given the site's constrained physical conditions, we recommend the request of parents be granted.

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MI 2024-007-091-2501, Amber Street, I vote yes.

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Cheryl Gaston, my vote is yes.

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My vote is yes.

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ish

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he's here somewhere hold on

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he's here somewhere, hold on

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just

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can we see him up there?

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Ish?

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I don't see anybody at this time, Sheriff

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hold on a minute

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over there is

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as we need your vote

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Mr. Chairman and members of the board, if I may, I believe the next case on your agenda

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is for the same client, a similar turn the key.

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Why don't we start that and then we'll vote them both.

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Is that okay, Hillary?

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Yeah.

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Start that case and we'll find him and we'll vote both at the same time.

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We need to make sure we have him in order to hear.

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So we have a quorum.

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Hold on.

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no we don't have any hands up at this time chair he's saying he's having difficulty on um unmuting

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well how do we get in the corn if we can yeah um mr shaheed can you go can you leave and come

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back in again shoot thank you

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Thank you.

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Thank you.

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Thank you.

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Tim, you did say this was the easiest case you've ever had, right?

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He's trying to come back in, Mr. Chair, to see if he has better technical success.

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Yeah.

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Yeah, yeah, okay.

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Thank you.

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Sorry, Adam, we'll be trying to clear.

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No, no, it's quite all right.

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while we're waiting for a moment if i may hey can you hear me now chair here he is we can we can

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okay vote on the first case sure i'm sorry bad i'm in the area of bad service it's no shaheed

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my vote is yes okay now we're going to hear the second case all right so mi2024 007 264 25 2250

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East William Street, TC19419. Adam Laver is the attorney. Adam, just for the record,

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state your name. You've already been sworn. Adam Laver, L-A-V as in Victor, E-R, on behalf of BMK

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Properties, LLC, the owner of the subject property. Can you identify your client,

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the relationship with this property? Is that the same group? Yes, BMK Properties, LLC,

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and its managing partner, Mo Rushdie, who is here today, own the subject property.

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All right. Do you agree to waive the reading of the refusal and do you agree with its accuracy?

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Yes, Mr. Chairman, I do.

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And I notice you have support from Southport, Richmond, and non-opposition from Councilmember

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Squillow. Again, please proceed, sir.

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That's correct. Thank you. And with us is the same architect, Jason Zohr of Marshall

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Sabatini architecture. The proposal at the vacant parcel, which you can see here outlined in red at

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the corner of William Street and Weichel Street, previously had actually been two separate parcels,

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each of which would have accommodated a single-family dwelling. However, the city of

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Philadelphia, as I'll show you shortly, condemned a portion of the property off of Weichel Street.

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Originally, we had two 16-foot wide lots facing Williams Street with a 30-foot right-of-way

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on Weichel. The city expanded Weichel right-of-way to 40 feet, resulting in a smaller

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lot on this vacant lot. So two lots were consolidated into one lot at 22 feet wide,

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and that actually leads to the variance before you today, which I'll get to momentarily.

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Here is the subject property where my cursor is, and we are looking at it head-on.

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again another image of the subject property it's that corner right there

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Weichel Street has been widened making our property smaller actually we are on the left

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in this streetscape photo and on the right in this photo the subject property is zoned RSA 5

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and here you can see what I mentioned at the outset in the upper left-hand corner there

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were originally two lots after the taking those two lots were combined into one smaller lot to

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allow Weichel to be larger wider if you will the proposal before the board on this now combined lot

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in RSA 5, is to erect a two-family household. And due to it being within the RSA 5 zoning district,

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that led to one single-use refusal. The proposed height of the two-family home

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is 32 feet 8 inches. No issues there. Again, the only issue is due to that seeking to have

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two residences on the one lot. Once again, we are proud to bring another turn-the-key

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property to the city, increasing affordability options for all. And you can see here,

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starting at the right and moving to the left, each of the homes provides for three bedrooms.

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There are two bedrooms on the lower level with egress into a backyard with full access out to the right of way.

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The first floor has the additional bedroom and main living spaces.

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and main living spaces moving to the second unit on floors two through three you can see a similar

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Moving to the second.

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layout on the lower level of that residence being the second floor living and dining spaces

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laundry bedroom and then on the third floor the additional bedrooms and roof deck it's really

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once again, nice, ample living spaces that everyone deserves. We met with the Southport

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Richmond Civic Association, the coordinating RCO, which has indicated its position of support.

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I'd like to note in the right-hand column that all impacted, affected, PCPC-notified neighbors

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were in support of the project. And Council Member Squilla recognized the letter of support

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and offered his non-opposition for this project. The authorization of variance relief will not

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alter the character of the neighborhood or district or be detrimental to the public welfare.

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The photos reflect the proposal fitting in within the neighborhood. The refusal itself

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is due to a public good in widening the street for the good of all, making the subject property

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a little bit smaller. However, the architects have done a fantastic job in making great,

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generous living spaces for two families, allowing two more families in the city of Philadelphia

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to benefit from affordability to return the key. The support of the impacted neighbors who live

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in close proximity speaks to the granting of variance relief being of benefit to the public

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and within the spirit of the zoning code. The proposed variance would represent the minimum

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variance to afford relief. Had this not occurred, we wouldn't even be before you because two

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residences previously would have been permitted at this site. The grant of variance relief will

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not substantially increase congestion in the public streets, danger of fire, or otherwise

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endanger the public health, safety, or welfare. There are no light or air issues. This will not

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adversely affect transportation or unduly burdened water, sewer, school park, or other public

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facilities. There are no environmental issues. Again, the architect is here, and Mr. Rushdie

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is already a panelist and prepared to adopt and affirm when the chairman wishes.

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Why don't we bring Mr. Rushdie on right now? Rushdie on now right now.

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Mr. Rushdie, please unmute. Thank you.

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Okay, Mr. Chairman, please on mute.

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Yep, you've already been sworn.

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Just for the record, state your name, please.

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My name is Mohamed Rushdie, spelled M-O-H-A-M-E-D, last name Rushdie, R-U-S-H-D-Y.

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Right.

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Please proceed, counsel.

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Thank you.

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Mr. Rushdie, I see that you've been present during the entirety of this hybrid hearing

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before the Philadelphia Zoning Board of Adjustment.

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would you adopt and affirm the testimony that I've offered as your own?

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Yes, I do. Thank you. Thank you. Questions from the board.

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Questions or comments from our attorney, Hillary Emerson? Not at this time, Mr. Chair.

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Questions or comments from the virtual audience? There are no hands at this time, Chair.

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Planning Commission. This is Ron Bednar, City Planning. The property is currently indicated

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for residential on the city plan

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given the site's limited physical

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circumstances, its priority

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land bank redevelopment

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with fully enforced affordability

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requirements, we recommend that

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the correspondence be granted. Thank you.

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So MI 2024

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007264

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2250 East Williams Street

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TC 19419

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I vote yes.

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Cheryl Gaston

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my vote is yes.

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I own my vote is yes.

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my vote is yes thank you council thank you mr chairman and members of the board thank you

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we appreciate it and council you would know that that was iran bednar's last official

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he retires right now so i was just about i was just about to say that uh it has been such a

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pleasure to work with mr bednar and i join in the chairman's um remarks at the outset in wishing

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Mr. Bednar, Only Good Things in Retirement.

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We'll miss you very much.

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Thank you.

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Yes, we will, Ron.

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We'll miss you, Ron.

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Is there anyone left in the virtual audience whose case has not been called?

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I see no hands at this time, Chair.

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Thanks, everyone.

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See everyone at 2 p.m.

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Good afternoon, everyone.

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this meeting

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of the Philadelphia Zoning Board. With me is our board member, Cheryl L. Gaston.

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Present, Mr. Chairman. Our board member, Tanetta Graham.

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Present, Mr. Chairman. Our board member, Michael Johns.

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Present, Mr. Chairman. And our board member, Taya Wynn.

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Present, Mr. Chairman. Also present is our attorney, Matthew Webster.

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Present, Mr. Chairman. And our zoning board, Executive Director, Ian Haggerty.

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A recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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

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

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Any person may enter their appearance.

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There are three ways to enter your appearance.

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You can identify the case property address on your Zoom webinar registration.

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You can see a staff member, or you can call the ZBA appearance line by the close of the business day.

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Call 267-270-5548.

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

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The following guidance is for remote attendees.

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First, when directed, 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 on 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 nine to raise your hand and star six to unmute.

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you. For our in-person attendees, please refrain from talking, eating, or drinking during the

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hearing. Verbal and physical aggression will not be tolerated. Restrooms are across from the

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elevators. A water fountain is just down the room to the right. When speaking on the record,

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you must speak directly into the microphone in order to be heard by all attendees and a court

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reporter. In the event of an emergency, please follow the directions given over the public

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address system or by the staff the main exit is through the double doors at the rear of the room

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the nearest stairwell is to the left outside the doors in case of an evacuation the rally

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point is at love park directly across from our street please remain there so we can account for

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you let's look at our schedule for today

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Are there any quests for continuance?

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Good afternoon, Chair.

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This is Jasmine, and I will be your co-host this afternoon.

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I see no hands at this time.

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Okay. Number 12, MI-2025-003-07-883 North Preston Street. That case is continued.

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Chair, I think-

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I'm sorry. I'm sorry. That case is withdrawn.

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Yes, thank you.

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Thank you.

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Are we going to go to our add-on list?

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Number one, MI 2024-005-752-4028 Westminster Avenue.

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I vote yes.

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I'm not on this one.

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