civus
Hearing video

ZBA Hearing - February 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 12, 20255h 35m

So we're down from 24 to 20.

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And again, we only have six.

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I keep saying we, but my client only has 50 members.

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Seventh-day Adventist Church.

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This is looking from Castor Avenue.

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This is a shot from Castor where my cursor is, Sally on the left.

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and this is Casser Avenue again showing the parking spots

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and additional parking. Our posters

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indicating we did give proper notice.

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We do have our proviso plans if the board looks

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kindly upon this application. So let me walk through this if I

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can. So here is the existing building.

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It's squared off. The addition is about

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1,200 square feet. It's not for new members, as I think some people at the Vaughnhurst Civic

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thought. It's really meeting room and a fellowship hall for the existing members that they can use

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after the services and also the meeting rooms, which are located in the basement. So it's a

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one-story addition. The building is one story, and we're going to go, my client's going to use

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the basement and the first floor. The basement will be four or five meeting rooms, and they're

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right here. I'm showing the basement level here. The first floor is over here on the left-hand side

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where my cursor is. And that's just one big fellowship hall. You know, they have coffee,

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donuts, they have their services. And services, Seventh-day Adventist, their day of obligation

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is Saturday. So they use this for about four hours on Saturday and maybe one or two nights a week for

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informal meetings. So the parking situation, again, we tried to explain to Ron Hurst that

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when we got approval five years ago, we got approved for 20, 21 parking spots. Since that

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time, we had to put landscaping in for the planning commission, which we have, and that

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ate into some of the parking. Our original proposal had 18 spots because the spots here

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where my cursor is, they were on a 35 degree angle

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and we lost two spots.

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Then after we met with, or talked to Ron Hurst again,

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we added two spots by making the spots 45 degree angle.

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So we picked up two.

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So basically we have 10 spots where my cursor is there

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and 10 spots along the top of the property.

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This is a more detailed look at the plan,

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showing you the landscaping that we had to add to the building and this again took away some of our

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parking but in you know all candidness the the four spots that we lost were right here where

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the drive aisle was with the expansion so with the expansion i'll blow it up just a little bit

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so people can see we have a set of steps that lead down it's really a means of egress and we

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also have windows on this side wall here to bring some light and air into the lower level

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of where the meeting rooms will be located.

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We're not changing anything inside the building

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or the atrium.

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We're just adding, as I said,

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about 1,200 square feet on the side of the building.

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I enclosed this or included this within the package

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just to show you what we had approved in 2020.

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You know, kind of a bland look, no landscaping.

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The spots were very tight here along the top.

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And here are the four spots next to the drive aisle that are being lost because of the addition of the building.

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These are basically a repetition of what I've attached to the proviso form, Z2 and Z3.

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The remaining documents are what one would see in a presentation such as this, project information form.

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Our tax, it's not a clearance.

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It's just an indication that the real estate taxes are paid up to date.

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Zoning map, it is RSA3, but again, this has been a commercial use since at least 1965.

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Deed indicating ownership.

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Certificate of mailing.

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And then I just wanted to go into the zoning record.

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So here's the letter from Vaughn Hurst in November of 2019.

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You know, unanimous support, basically the same situation that we have now, expansion of the church.

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This is our use permit for religious assembly.

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When the church first acquired the building, we had to get a change of use.

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It was done, you know, basically over-the-counter, change to religious assembly.

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This is a zoning permit that was issued May of 2020 for the expansion.

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This is a zoning permit that was issued May of 2020 for the expansion of a one-story structure and the existing structure as shown on the application.

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And at that point, we had 21 parking spots.

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And today we're asking for 20 spots because, again, of the landscaping that has come in between 2020 and today.

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This is the application. You can see I filed it. I was involved in this from the get-go.

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And this was a refusal back then. As I said, there's no mention about parking then. It was really more about bicycle spaces. And this was the permit, again, issued May of 2020. And you can see permit status expire.

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Basically, the pandemic caused the clients to regroup.

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And then now that they're back on solid footing, they come before the board again, because

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after three years, as you know, unless you get a one-year extension, after three years,

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the permit expires.

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So I'm asking the board to look kindly upon this application and to basically provide

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approval again, as we had in 2020, despite the concerns of Vaughnhurst. I understand it, but

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there are other houses of worship in the neighborhood that have no parking at all.

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We have a small congregation, and there's been no complaints from anyone that we're aware of,

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and no one at the community group complained about the use of the structure by the members,

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and they've been, as I said, worshiping at this location since 2018.

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We are not impacting the development of any adjacent parcels.

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We are not impacting late and air of any adjacent property.

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We have no complaints from the neighborhood.

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It's in harmony with the prior use of this building.

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It's in harmony with the continued use of this building.

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And we're not having any detrimental impact through the neighborhood.

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So with that, I would ask my client to unmute himself and adopt my testimony.

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Okay.

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It's Reverend Marcos Santos.

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Reverend, are you on the call?

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Reverend Santos, can you raise your hand?

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Do we see him?

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Yes, they've been promoted to panelists and they should be back in shortly.

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Thank you.

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reverend santos it takes a little bit over before i get on henry

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i know it's been a long day for the board i'm trying to move it along we're fine we're fine

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mr santos okay can you hear me hi reverend could you please state your name and spell

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for the court stenographer.

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My name is Marcos, M-A-R-C-O-S.

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Last name Santos?

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Yes, Santos, S-A-N-T-O-S.

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Do you swear or 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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Please proceed, counsel.

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Thank you, Mr. Chairman.

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Reverend, were you on the call

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when I presented the project at your church?

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Yes.

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And if you had the opportunity to testify,

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would you adopt my testimony as your own and as yes as true and correct yes that's correct

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thank you reverend thank you thank you questions from the board

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questions from our attorney hillary emerson

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um just not so much a question but um um mr clinton we may because of the change to the

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landscape um we may need to have this re-reviewed by planning and l and i because depending on what

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on what was happened what happened with the landscaping that might generate additional

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refusals so i i don't know that we could make the changes via revised plans

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with a proviso form so we may have to to do that before the board would vote on this case

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so you want me to get an amended refusal then miss emerson i think we probably should unless

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you unless you've already talked with planning or had them look at your landscape to see if it

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impacted like the percentages that you need to have or the screening or whatnot no i'll go back

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i'll get an amended refusal okay all right we can we can do that we can just hold we can do everything

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else today but we'll just hold it and once we get the amended refusal the board can vote on it all

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All right. That's that sounds fair. Okay, questions or questions or comments from the virtual audience.

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I do not see any further hands, Mr. Chair. Planning. You want to hold your vote or no.

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Planning, do you want to hold your vote or no?

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Hi, planning is going to hold a vote.

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Okay, so that's a resumptive hearing, right?

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Yeah, then we'll have to resume.

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We'll easily have the amended refusal by the resumption hearing.

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So, Hendrick, we're going to have a resumptive hearing on 4-30-25, 2 p.m.

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All right. Thank you very much. Thank you, sir. Is there anyone in the audience who's a 2 p.m. case has not been called?

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I do not see any hands, Mr. Chair. OK, thank you. As long as everybody's all right, we're going right into the three thirty.

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You want to break? OK, never mind. We'll take a two minute break.

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Acknowledged. No, no, three minutes.

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Good afternoon. My name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board of Adjustment.

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With me is our board member, Cheryl L. Gaston. Present, Mr. Chairman.

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

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

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Our board member, Taya Nguyen. Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and Ian Haggerty, the executive director of the zoning board,

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and our supervisor, Lakeisha Dandy.

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Please be advised this meeting is being recorded

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and your participation in this meeting indicates your consent to be recorded.

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A video will be posted on the ZBA website approximately one week following the meeting.

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This meeting is being held in person with remote capabilities,

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meaning that individuals can participate either in person at the hearing room

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in the one parkway building or remotely over Zoom.

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When you are recognized to speak by the board,

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please state and spell your name for the court reporter and then wait to be sworn in. If you're

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in the hearing room, you must speak into a microphone so that everyone in attendance,

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including the court reporter, can hear you. If you're participating remotely, please turn on

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your camera and unmute yourself when you're recognized to speak. Once you've been sworn in,

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please state your name each time before testifying, whether you are in person or remote,

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so that the court reporter knows who is speaking.

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Please mute yourself or turn off your microphone when you're not speaking.

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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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If you're participating by phone, please call 267-270-5548

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to register your appearance by the close of the business the day of the hearing.

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You must provide an email address and the address of the property you're interested in.

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All others can enter their appearance through the Zoom registration.

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For individuals participating in person, a QR code is available to register your appearance.

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For assistance, please see a staff member at the back of the hearing room.

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If you have any questions about how to enter your appearance, please contact rcozba at phil.gov.

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If you're in the hearing room, please refrain from talking or engaging in conversation while the hearings are preceded.

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Please note that eating or drinking in the hearing room is prohibited.

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In addition, verbal and physical aggression will not be tolerated.

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If you are participating remotely, remember, the Q&A on the Zoom platform is not for testimony or comments.

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any concern should be to our hearing operation should be directed to zba executive director

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at phil.gov before we begin our executive director ian haggerty has an important safety announcement

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thank you chair uh we have no in-person attendees in the hearing rooms so we can proceed

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Thank you very much. Let's look at our schedule for today. Number one, MI 2024-002. Let me start again. MI 2024-002-432-739 Tyson Avenue. That case is continued to 7.3025 at 3.30 p.m.

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Number three, MI 2024-002-704-225 West Seymour Street.

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That case is continued to 7.3025 at 3.30 p.m.

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And number four, MI 2024-002-714-227 West Seymour Street.

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that case has continued to 07-30-25 at 3.30 p.m. Number five, MI 2024-003.

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Number five, MI2024, 003143, 2838 Cancel Street.

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Alan Bristreth is the listed owner.

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This is a pro se.

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They will be coming back in as a panelist shortly, Mr.

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Okay.

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Good afternoon. This is Albert Bucereth.

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

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Okay, my name is Albert Bucereth, A-L-B-E-R-T.

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Last name, B as in boy, U-I-S-S-E-R-E, T as in Tom, H as in Harry.

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

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Yes, I do.

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Sir, we're missing several of your documents.

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We don't have a deed or lease agreement.

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Am I correct, Hillary?

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Our attorney will go over this with you.

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Yes.

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Well, we don't have proof that you met with the RCO.

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We don't have a letter you sent to them or a letter that they sent to you.

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Summarizing the meeting, we don't have a proof of ownership or interest in the property like a deed or lease.

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We don't have proof of tax compliance.

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and we don't have photos of the property

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other than the photo of the front door

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showing the zoning poster.

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So we need all of those things

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and that the list of required documents

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is sent to you with your zoning posters.

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