civus
Hearing video

ZBA Hearing - September 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20205h 55m

i don't know let me text uh because i know he was on for a while hold on a second um

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lynn are you a party to this property

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you can unmute yourself yes i am yes okay all right one more question alan before we get

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looking at this diagram the dark lines at the bottom

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uh looks like it's a door is that a doorway entrance is that a doorway there yeah right

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there yes i i would ask i would ask mr chernak to answer the questions okay let's get him on

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i'm on sir sir please spell your full name uh my full name is leonard chernak l-o-l-e-o-n-i-d

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last name c-h-e-r-n-y-a-k and you swear for him to tell the truth the whole truth and nothing

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about the truth i do i don't know if you heard my question uh looking at this uh floor plan

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uh where the two cars would be parked moving up into the where you want to eliminate the garage

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the garage door goes away i assume you're putting a window in there correct and next to the window

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going from left to right is that a doorway correct leading into the area that you're

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looking to expand that 10 by 15 or so yes what happens what what else does what else connects

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to that front you that unit you're looking to add so so it was a basement basically garage and

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storage areas right it's probably more like 20 by 20 if i if i had to guess um what it was

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there was a garage there was one garage door that was closed off and there was another dummy door

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and inside was like some illegal unit from 20 years ago when when the owner bought it all we

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did but the owner was using the space for himself all that got gutted out and broken up and it was

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basically made into one big room where the garages are so the first floor could use it and you could

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get more rent basically there was an existing bathroom that's still there that's just getting

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upgraded in the next room over i guess it was a studio i don't know what use it was for but you

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could see we completely gutted everything it's not it's not it's no longer a a studio but will

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Will there be a partition separating the area, what looks like the side entrance?

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Is that a doorway entrance on the side?

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There always was.

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Yeah, there's steps going down.

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I want to make sure that it is not an extra unit, a studio unit.

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in no way, shape, or form.

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In fact, it used to be a unit years ago

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that the owner of the unit never used.

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And he said to break it and extend the first unit.

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Yeah.

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Mr. Chairman, again, this unit,

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this building's allowed for two units.

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Our application is not changing.

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That used to increase it.

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We understand.

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Again, they're basically saying

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we're putting three units in here.

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I understand what you're saying,

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and they understand the concern of the community so what i'm getting at is how do we make i want

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to make we'll put some proviso in there if we have to but i'm just curious when you make use

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use of that garage area storage area for a living uh for living quarters a bedroom

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of that garage area storage area for a living

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that it is not being uh not going to be built with a bathroom in it in that portion and that

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it is still accessible to the other floor the other part of that floor area if i'm making my

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i don't know if i'm making myself clear because all you're showing is this open space you're not

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showing any partition where that family room or whatever it's called again i can't read it it's

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not print isn't big enough it's blurred uh if you can go with your cursor again to the where the

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garage door right from all that area that whole big area all the way from there up right

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you want to create another bedroom correct and if your cursor would go across

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20 feet or whatever deep it will be no right so you're now creating another room right

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that's correct which is which is which mr chanak said stated was like originally was not broken

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up that will be broken up and inclusive within this unit that's why i want to make is there

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access to this of this unit will there be access to this unit or is it a straight across wall

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Mr. Chernak

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I'm not understanding

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I don't see anything you guys are talking about

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As far as the cursor

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My screen is black, I see your faces

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So I'm a little confused

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Mr. Chernak, the chairman's asking this

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Will the bedroom that's going to be created

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By utilizing the garage

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Will that have direct access

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Within unit number one

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The ground floor unit

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yes absolutely yes you're walking from the first unit you come down the stairs and you're inside

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this room yeah so mr chairman we're not creating partitions where we're closing off this in any

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ways it's just an extension of unit number one okay that one that's what i wanted to make clear

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because we don't see all we see is the open space we don't see a diagram that shows where the bedroom

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will be you know where the new bedroom will will be placed we know approximately where but we don't

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mr chairman yes if if you look in the pictures i don't know if you because i can't see them

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but if you took a look on the pictures of the open space that we sent to the community you see a

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doorway if you walk through that doorway and walk up the steps you're in unit one yeah and actually

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mr chairman it's actually in their letter the length of it if you if that we gave them pictures

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we showed them interior photos of like you know because we have done some minimal minimal demolition

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interior demolition work showing that it is going to be accessed through unit number one directly

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on the side uh it's just a secondary exit in or entrance in the front of the property but we're

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not like we're not creating a third unit i understand but when you look we don't have any

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pictures we don't have anything to see other than that diagram you're providing us let's see

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one could assume that that entrance that is to the right of where the existing garage door is

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could be the entrance into a studio unit yeah i'm not saying it will be but that it could be again

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because the diagram doesn't really specify uh any of the issues that i raised i mean i'm just

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kind of flying you know mr chairman yes i just want to add another point there's a back door

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to this so so there's there's already a separate space from the back existing back door into the

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basement so if we were to do a unit we wouldn't need to add a front door you could just leave

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the door in the back all right again the owner just yeah the owner just wanted the door yeah

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I'm sorry for talking over you.

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I apologize.

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Again, we don't have enough.

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We don't see it.

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Okay.

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And maybe I'm wrong, but I just see this one big space.

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And we're being told that there's going to be a portion of that space that will create a third bedroom.

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And then I see a doorway leading into that bedroom from where the driveway is or the car point.

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yeah well and and mr chairman maybe this is my fault again i i think that this is a very

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straightforward you know request and and the refusal has nothing to do with the interior space

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like the refusal has to do with the with the parking you know that's why you know i understand

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that i understand and maybe that's my understanding the community's concern that it could potentially

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could be and i'm not saying your client's going to do but it could potentially have been created

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could be and i'm not saying your client's going to do but it could potentially have been created

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because you could be creating a third unit a studio unit and my client understands that and

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we indicated that if my client or some subsequent owner tried to do that i i can almost guarantee

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that the neighboring property owners would call lni and then we would have a violation because

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we're out we're outside the bounds of allowing for two units understood i just okay i'm sorry

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to take up so much time i have any questions from the board no no all right um anyone else

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wish to testify in this case if so please raise your hand no hands at this time planning commission

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Good morning, David Fecto, City Planning Commission. Mr. Chairman and members of the

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board, this property is indicated for residential two-family use on the city's comprehensive plan.

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The applicant already has access to off-street garage parking. We do not believe that there

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is any hardship to justify this variance. Accordingly, we recommend that this variance

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not be granted. Repeat that again, David. It's zoned for two-family dwelling. Sorry.

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As indicated for two-family dwelling, the applicant already has access to off-street

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garage parking.

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We do not believe there is any hardship to justify this variance.

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Accordingly, we recommend this variance not be granted.

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All right.

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I'm getting old for this job.

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Calendar number MI, and correct me if I'm wrong, Carol.

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calendar number mi2020-0000500 that's correct 277 nadian n-a-n-d-i-a-n place

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my vote is yes with the proviso maximum two units no separate dwelling unit

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my vote is yes with proviso

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yes with proviso yes with proviso thank you

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calendar number 38980 the address is 4544 green street

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i don't have an attorney listed with this we don't have any hands up for this one if there's

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someone for this case raise your hand you can move on no one responded no one so i i'm trying

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remember do we still dismiss or did we change no we're going to do a continuance if i could request

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right okay and after the next listing of dismissal okay calendar number 38980

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4544 green street is continued thank you tanya calendar number i'm going to go back to the middle

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numbers calendar number mi202000029 the address is 5405 christian street

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i don't have an attorney listed here

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we have kyle samson uh who would like to continue to speak to this case

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yes hello mr chairman yes you're still under oath mr sampson please proceed yes i contacted

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the councilman gautier's office andrew goodman and he issued the uh request for a

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request for continuance however the lawyer told me that he would be available at 11 30 he was in

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a court zoom and it appears that he is not available at this point he's ready he just

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sent me a text message and he's ready okay if he can get on okay I need him to raise his hand

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you said he's ready to proceed now Mr. Simpson yes he is ready to proceed now he just sent me

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a message so do you want to call the next case then come back to him to this one is that the

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last case carol we have two more well let's do the other ones and we'll come we'll do this one last

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okay great okay calendar number mi 2020-00

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2 0 2 0 dash oh oh oh oh six six sixty four one five harbison avenue

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tanya i don't know if james murray is an attorney

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car what's that calendar number again zero zero zero

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2-0-2-0-0-0-0-0-6-6.

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These numbers are so small.

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They're four zeros.

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Okay.

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Is someone here for 6415 Harbison?

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If so, raise your hand.

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No hands.

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Is that 6401?

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6415 Harbison Avenue.

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15.

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I'm sorry.

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All right. No one's here. Calendar number MI-2020-000066. 6415 Harbison Avenues continue.

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We also have no exhibits for that. The next case is

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calendar number mi2020-001055 911 north 26th street the attorney is alan knockinson

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where are you at carol what number is that that is it appears to be number 16

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it's the one right after harbison avenue on my paper

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that's at two o'clock

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okay strike that we're done oh no we're not we have to go back to

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5405 christian street christian or green no it's christian i don't see the attorney as of yet

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now let's give them a couple more minutes

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Mr. Sampson

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Kyle Sampson

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oh yes the attorney says he's on george gossett is on he said

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mr gossett go ahead frank yeah yeah i'm sorry i'm waiting it makes i don't see him up there yet

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i don't see his name yet

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Yeah, I'm not sure what Zoom meeting he's at, but we don't see him on this one.

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Tanya, would it be okay if we put this on the two o'clock list?

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Sure.

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If we can't get Mr. Gossett in the next couple of minutes?

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sure that would be fine chair let's just give them a couple more minutes

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might be having technical issues

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and we can put it even here as the first case at two o'clock

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all right let's do that we'll put them on the first case two o'clock

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okay so mr sampson if you could reach out to mr gossett and you can have him contact us

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or if you can let him know we can hear his case at 2 p.m this afternoon very well thank you very

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thank you kindly okay cheered us all the business any no unfinished business tanya no sir good okay

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everyone we'll see everyone back at two o'clock thank you i'm sorry i'm sorry um we just had a

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pop-up mary jones has raised her hand okay you would allow yep miss jones you're still under earth

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um hi um just a question what happened with 1740 north marshall was that one of the ones

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that was continued there were a few at the beginning that i didn't get the address for

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Carol, you have the list. I think it is, but I don't have the list in front of me.

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I do have the list. Some help Marshall.

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Marshall, it was continued, but for future reference, you can ask that question in the Q&A, and we can respond to staff.

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It was continued, but for future reference.

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Okay.

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It was continued.

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Thanks, Tanya.

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You're welcome.

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Everyone, see you back at 2 o'clock. Thank you.

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yeah my wife got my printer working so took a little longer than I expected

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ah see that nice person yeah she gets paid well

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I assume we're I assume we're all ready

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if there's anyone who's not ready say something now I'll forever hold your tongue

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ready or not here I come oh god um excuse me this is Sharon can I just confirm that you've

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the email with the first the three things that you're going to start with yes yes yep okay this

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