civus
Hearing video

ZBA Hearing - March 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 26, 20254h 56m

for the stenographer? Leon Oakley.

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L-E-O-N, Oakley, O-A-K-L-E-Y.

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

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Yes, I do.

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Mr. Consul, please proceed.

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Good morning, Leon.

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Did you hear my testimony just now regarding your lease at 5821 Haverford Avenue?

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Yes.

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Do you adopt it as your own?

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Yes.

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Okay.

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Nothing further, board.

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Questions for the board.

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I just want to say that they've really done a great job with that corner.

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I passed there a lot, and it looks good.

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They came clean.

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Thank you, Michael. Questions or comments from our attorney?

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Just a clarification. So is this on the first floor and are there other uses

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above or is this for the whole building? No, just the first

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floor, first office, the front. First floor. Okay.

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So should there be a proviso indicating that the use

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is limited to the first floor? That's fine with us. Okay. All right.

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I just wanted to clear.

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I was a little unclear from the lease.

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All right.

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Thank you.

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Questions or comments from the audience or the virtual audience?

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I see no hands.

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Planning Commission.

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Thank you, Chairman.

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Good morning.

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David Fechter with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the RSA 5,

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residential single-family zoning at this location.

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this property has a documented history as ground floor commercially with one dwelling unit above

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the city planning commission recommends the board grant the proposed use variants

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for a business and professional office thank you mi 2024 006 179 5821 haverford avenue i vote yes

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with proviso limited use to first floor only michael johnson my boot is yes with proviso

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Ty Owen, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you, sir.

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Thank you, Mr. Consul.

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You have your votes.

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Number 11, MI 2024-006-990-2108, Screw Street.

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Andrea Solomon is the attorney.

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There's a letter of non-opposition from the Center City Residents Association.

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Also, the applicant has attached a letter from the Historical Commission saying that this project would be

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Applicant has attached a letter from the Historical Commission saying that this project would be approved at the staff level, given the lack of visibility from the public right-of-way.

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

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Hi, good morning. Andrea Solomon, A-N-D-R-E-A-S-A-L-O. I'm O-N from the law firm Claire Harrison Harvey Bransburg.

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

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I do.

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Could you identify your client in relationship to the property?

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Yes. With me here today are Kevin Malowski. He's the project architect and virtually is Eleanor Morazzo, the owner of the property.

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Our vice chair has just a few questions.

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Good morning, counsel. Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?

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We have.

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Thank you. You may share your screen and start your presentation.

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I think I need to be promoted. There we go.

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you can see my screen now correct yes okay so as uh chugman bergman stated um this property is at

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2108 spruce street we're here today because um that for an application for the erection of screening

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under the existing deck to obscure the structural support and the erection of stairs from the rear

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deck that's existing to the rear yard this is a replacement of an existing deck that's part of a

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larger project that they did at the renovation that they did at the property the previous deck

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was smaller it also had stairs they've enlarged the rear deck and want to maintain the stairs

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in order to have access from the principal living space of the home to the rear yard

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the refusal is issued because at the zoning district the stairs from the ground level to

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the deck are not permitted with attached structures and the screening that we're requesting relief for

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would result in the area beneath the deck being calculated into the occupied area

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i'm not sure why it's not letting me move but the property is here it is now

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the property is zoned rm1 this is the location plan the property goes lot to lot but

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really we're just talking about the area in of the rear yard that's the limited area of the

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refusal um I'll ask that Kevin be sworn in also so that we can talk a little bit about the project

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if that's all right sure I could please state your name and spell for the stenographer sure

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my name is Kevin Malowski that's k-e-v-i-n last name Malowski m-a-l-a-w-s-k-o you swear or affirm

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to tell the truth told truth nothing but the truth I do please proceed counsel Kevin can you

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just state your profession and your relationship to the project sure i'm an architect engaged by

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eleanor and jeff maraza to do the renovation and also these snares and uh you've been at the

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property many times right and uh the the this part of the rear yard it's uh the request that

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we're requests that we're asking for it's not visible from the street correct counsel can i

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say something why don't you show the photos of it so then we can have an idea of what what he's

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talking about okay yep or the plans either one there we go

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so uh kevin this this property uh fronts to two um streets correct that's correct it runs from

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cypress to spruce a little closer to the mic and as you can see from the as you can see from the

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photos one and two are both taken looking northwest and northeast you can see that there are not only

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our garage which is the new one with the wooden panel but on either side and all the way down the

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block effectively that is entirely screened off from the street you are unable to see

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can you get a can you get a little bit closer to the mic please yes of course is that better

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yes much better excellent so there is no visibility of this screen or stair from the street

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there is no visibility of this screen or stair from the street due to not only our garage but

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do

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also the surrounding neighbors garages and gates typically cypress street tends to act

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as the parking entrance for the spruce street houses

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and this is a photo of the deck in question right that's correct and can you talk a little bit about

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the screening where it would go yes absolutely so you can see the fence on the left of photo

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number three we're intending to continue that fence underneath the deck in order to obscure

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the structural framing the posts the joists all of that in order to provide a more aesthetic appeal

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for the backyard a similar dark paneling that's correct the intention right now is to match that

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that black wood paneling that we have there and these are the stairs that we're requesting relief

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for that is correct and here we're looking towards the garage right and the stairs lead to the rear

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yard and that additional deck that's right and as you can see from the plan down below

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this is a fully enclosed area fencing on both sides the property to the north the

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garage to the south without access to public view great thank you so in addition to these plans we

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have the plans that were submitted to lni as part of the zoning application um some further sections

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of the proposed project on elevations as chairman bergman stated we received we

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sent the project the property is historic we did have this reviewed by historical commission

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we have some documentation of the prior deck that was existing that had stairs and

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the permit for the current deck and the renovations that were done at the property

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this is the rco notice and certificate of mailing along with all list of all the

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addresses that it was mailed to the application for appeal and project information form

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the zoning poster and posting at the property

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the deed for the property

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and proof of no outstanding taxes.

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And with that, I'll ask that my client, Eleanor Mirazzo,

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be promoted as panelist.

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Eleanor, please raise your virtual hand.

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I see no hands.

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Eleanor?

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Do we see Eleanor?

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Eleanor, please accept your panelists.

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Eleanor?

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Hi, I hope you can all see me now.

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I can. Please state your name and spell for the stenographer.

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Eleanor Marazzo, E-L-I-N-O-R-M-A-R-R-A-Z-Z-O.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth.

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Yes.

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Please proceed, counsel.

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Hi, Eleanor. Good morning.

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So this is your property, right? You live there with your family?

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Correct. This is our primary home.

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Yeah, and you've left there for how long now?

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We purchased the property in 2016.

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And this is part of the renovations that you've done to the property, and it's your primary residence?

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Yes, we've done several projects to preserve the home over the years since we've owned it, and it is our primary home.

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and you heard the presentation that i gave and the um the information that kevin and i provided

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yes and it's true and correct to the best of your knowledge yes would you adopt it as your

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own testimony yes all right thank you questions from the board i have a question did you say that

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the prior deck had steers as well that's correct okay and when was this new deck uh put down

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last year that's correct Kevin yeah it was completed in 2024 okay thank you other questions

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for the board so question um why the stairs besides that there were stairs there before

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What does it provide you access to or how would you?

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what does it provide you access to or how would you access this rear yard if you didn't have these

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stairs yeah it provides access to the principal living area of the home otherwise we'd have to

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go out the front door come back around through the garage and that the do the stairs provide

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access to the cars that are parked here somehow or how does that yes there is a door to the garage

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uh that leads to the rear yard and then the the uh pathway that leads up to the stairs

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okay thank you any other questions yeah just i just want to say it's it's kind of

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you know nicely laid out i think you know having the deck there is a decent space

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and either way they'd have to have stairs from the back door

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to get to the yard because the first floor is about four feet

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above the grade. So I have no issue

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with this. Thank you. Questions from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair. Questions or comments from the

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audience or the virtual audience?

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I see no hands. Planning Commission?

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thank you chair bergman and good morning david effecta with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rf1 residential

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multi-family zoning at this location the proposed dimensional variance for occupied area is minor

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and in keeping with the purpose and spirit of the zoning code and the proposed stairs from

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the deck to the ground floor will provide a second means of egress for the property

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the City Planning Commission recommends that the board grant both proposed

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variances. Thank you. MI 2024-006-990-2108 Spruce Street, I vote yes.

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Michael Johns, my vote is yes. Cheryl Gaston, my vote is no. Tanetta Graham, my vote is yes.

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Iowan, my vote is yes. Ishmael Shaheed, my vote is yes. Thank you, Council. Thank you.

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Don't worry I'm going to do these two

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And then we'll go back to the one we held

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So number 14

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MI 2024

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007 026

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11249

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Jeans Place

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Jennifer Bozzillo is the attorney

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good morning

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good morning counsel could you please state your name and spell for this

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stenographer

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sure it's jennifer bezidlow

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b as in boy

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a

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z

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y

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d as in david

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l as in larry

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o as in oscar

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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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i do

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could you identify your client the relationship to the property

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i do

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Sure. My client is, sorry, let me make sure I have the right, I apologize. I think I have the wrong thing in front of me. Sorry, I just got to switch the order. Sorry, no problem. Yes, so this is Shunker Kamat, who's the property owner.

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Okay. Our vice chair has a few questions. Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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Yes.

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have you emailed in all the required documents and exhibits that's needed to proceed with this

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case five days in advance of this hearing yes thank you counsel please proceed

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all right get the right

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it's good to

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um he's here now you have another one jennifer that you have another one down the street we're

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we're gonna hear this first then we'll hear that okay correct yeah they're two different owners so

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