civus
Hearing video

ZBA Hearing - March 26, 2025

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

off street um and it won't harm the neighbors in any way because we're basically

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continuing to exist in the same way that the neighbors are um and continuing to use this

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property as a single family home um and it is supported by the near neighbors as well as

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community at large council why don't you bring your client on sure ahmed are you are you here

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Councilor, why don't you bring your client on?

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Sure. Ahmed, are you here? Can you raise your hand?

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can you raise your hand

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and

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And they have been allowed to speak.

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Hi, could you please state your name and spell for this phonographer?

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Can we best hear me?

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Yes.

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We can.

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Hi, my name is Ahmed Mithwali.

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I'm the son of Ahmed Mithwali, the owner of the property.

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All right. Ahmed, could you spell your name for this phonographer?

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Sure. It's A-H-M-E-D. That's my first name. Last name is M-E-T-W-O-A-L-I.

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

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I do.

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Please proceed, counsel.

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Just one question before I go into the other ones. You are a resident of this property, correct?

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Yes.

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All right, great. And you heard my testimony here today and believe it to be truthful and accurate?

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Yes.

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And would you adopt it as your own?

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I do. Thank you. Questions or comments from the board?

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Can I see the

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interior photos of the space again?

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Please. Thank you.

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So this is the

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this is where you would come into the front. And again, there's like a little kitchenette

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here. There's laundry.

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I'm sorry. This is like

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that that one photo is inverted right yeah let me see if i can turn it for you

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there you go okay all right so so um there's that one and again it's just a little area for

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again the the most elderly residents of this property of this family are living down there

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with mobility issues um which is hence the first floor um bedroom a little place for them to cook

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some food um this is the stairs this area basically uh if you look here um next to the

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washer and dryer is that door there in in the picture there on the left at the top is that

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one of the access points to yes that's to the front of the property that is this this door right

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there okay all right and then and then so when you continued through um there um you know past

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the washer and dryer that's where you sorry i'm going to turn this again i apologize i didn't

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realize that one was turned um i would have put it on separately um so this is the door here on

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this bottom left photo um that goes into where the bedroom access is and that little entryway

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and this is the stairway into the main living quarters of the house upstairs and if you pass

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through here past this entry past the stairways that's when you get to the family room that's in

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the rear of the home it had been in the rear of the home it was just fixed up and this is the

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bedroom where the garage used to be okay other questions from the board thank you i have two

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questions one um how does the how do you access the backyard from inside the property

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um can you clarify that because i'm not sure on that yes uh just right on the you scroll down

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please you see that door yes right there uh yeah can you if you could please uh uh yes which

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that door right there that takes you to the backyard okay so whoever's staying in that in

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And that basement, I mean, sorry, the garage conversion does have access to both the front and back and the back at grade.

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Yeah.

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Okay.

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And then for the kitchenette that you added across from the washer dryer, where is the stove venting out?

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Is it?

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It's venting out to the side of the property.

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To the side of the property.

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Okay.

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Yes.

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Any other questions from the board?

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Questions from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Thank you, Chairman, and good morning.

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Dave DeFecta with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the RSA-2,

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residential single-family zoning at this location.

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The city rezoned this neighborhood in 1978.

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The appellant converted their garage into a living space without the benefit of permits.

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the condition of parking in the driveway instead of in the garage is a common situation on this

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block face so the proposal matches the character of the other homes the city planning commission

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recommends that the board grant the proposed use variants for accessory off-street parking

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in the required front yard thank you uh council we'll vote on this next wednesday at uh 9 30 a.m

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okay thank you so much both of your cases will be voted thank you thank you

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Go back to number 7. MI 2024-004-415-5338 Walnut Street. George Gossett is the attorney.

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Go back to number seven.

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Mr. Gossett. How are you? Can you hear me? Good morning. We can, sir.

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If I remember correctly, you've already been sworn in, am I correct? Correct.

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I have my client who is present. The issue is whether or not we have a picture of the posting.

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We do not have a picture of the posting, but my client would testify,

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would represent that she didn't in fact post it. We just don't have a picture of it.

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Mr. Gossett, we can't go on unless we have that.

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Okay. So what we're going to have to do is we're going to have to continue this, right? He'll reach the normal schedule, am I correct? So, Mr. Gossett, this case, MI 2024-004-415-5338 Walnut Street will be continued to 917-25 at 930 a.m.

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Commissioner, is there a possibility we can get an earlier date on it?

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Mr. Gossett, the whole staff is looking at me like ready to throw things at me because we are just booked to the thing, to the max.

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But sorry about the issue situation, but that's the thing we have to do.

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Thank you, sir, Mr. Gossett.

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Thank you.

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Is there anyone in the virtual audience whose case has not been pulled from 930 a.m.?

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I see no hands. Thanks, everyone. See everyone at 2 p.m.

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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 of Adjustment. With me is our board member Cheryl L. Gaston.

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

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Our board member, Michael Johns.

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Present, Mr. Chairman.

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Our board member, Taya Nguyen.

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Present, Mr. Chairman.

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Also present is our attorney, Hillary Emerson, the zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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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 and then

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wait to be sworn in once you've been sworn in please state your name each time before beginning

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your testimony any person may enter their appearance to become an interested party to the

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case there are three ways to enter your appearance you can identify the case property address on your

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zoom webinar you can see a staff member or you can call this ebay line by the close of business

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tomorrow. Call 267-270-5548. Leave a message that includes your email address and the address of

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the property of the appealed case. The following guideline is for remote attendees. First, when

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directed, you must raise your virtual hand in order to be recognized to speak. Second, if you're

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called to testify, you will be promoted to join as a panelist. Please accept the request and turn

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on your camera. Third, the webinar Q&A is for questions about the hearing. Do not comment on

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a case in the Q&A. Fourth, if you're participating by phone, press star 9 to raise your hand and star

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6 to unmute. For our in-person attendees, please refrain from talking, eating, or drinking during

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

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elevators a water fountain is just outside 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 in the court

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reporter in the event of emergency please follow the directions given over the public address system

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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 point is

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love park directly across art street please remain there so we can account for you let's look at our

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schedule for this afternoon number two um mi 2024 006 177 2068 east somerset street

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burn anastasio is the attorney we understand there may be a request for continuance

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Vern Anastasio is the attorney. We understand there may be a request for continuance. Mr. Anastasio.

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We'll be right back.

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Good afternoon, Chair. This is Doreen Blakely, and I will be your co-host this afternoon.

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Mr. Anastasio has been promoted.

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Counsel, just for the record, please state your name. You've already been sworn.

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Vern. Good afternoon, Mr. Chair. Vern Anastasio on behalf of Mr. Jeffrey Sommer at 2068 East

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Somerset. Counsel, I understand that it may be a request for a continuance here? Yes, Mr. Chair.

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I did have an initial screening, but the community-wide meeting has yet to be held. As a result,

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I understand I need to ask for continuance. Okay, thank you. So MI 2024-006-177-2068

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East Somerset Street, that case is continued to 8-27-25 at 2 p.m. Number seven. Thank you.

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Thank you.

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Number seven, MI 2024-007-371-4664 Caster Avenue.

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That case has been continued.

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Are there any other requests for continuances?

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I see no hands.

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Oh, sorry, Chair.

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David Orfanides just put his hand up, and I will promote him.

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Good afternoon, Mr. Chairman.

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Mr. Orfanides, just for the record, could you please state your name and spell it?

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Sure.

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David Orfanides, O-R-P-H-A-N-I-D-E-S.

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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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What case do you want to talk about?

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289 East Walnut Park Drive, MI 2024-004403.

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I was just reading.

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That was this morning at 9.30.

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Oh, that was this morning.

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Oh, okay.

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They told me it was 2 o'clock this afternoon.

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All right.

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Well, hopefully that was continued.

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It was, sir.

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Okay, thank you.

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Thank you.

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Any other requests for continuance?

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Yes, Eric Badzen will be promoted.

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good afternoon sir good morning mr chair good afternoon how are you i could you please state

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your name and spell for the stenographer yes eric bods in a blank room eric b-o-d-z-i-n

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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 what case do you want to talk about uh 301 lombard street mi20 24 007 380

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Okay, number nine.

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Yes.

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My understanding that case is being withdrawn.

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That is mine as well.

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All right, thank you.

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So number nine, MI 2024-007-380, this case has been withdrawn.

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Thank you for calling in.

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We appreciate it.

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Thank you, Mr. Chair.

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Any other requests for continuance?

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There are no hands up.

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I have one more withdrawal.

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Case number one, MI 2024-003-278-5336 Ridge Avenue.

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This case has been withdrawn.

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We're going to do our regular list, and we'll handle our add-ons first.

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MI 2024-007-325-24 South 69th Street.

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I vote yes.

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I vote yes, Michael Johns.

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Sorry, my thing wasn't working.

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Cheryl Gaston, my vote is no.

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Teno to Graham, my vote is yes.

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I win, my vote is yes.

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Thank you.

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I just want to clarify the address on that one.

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It's 2040 South 69th Street.

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Okay.

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Thank you.

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um number two mi 2024 007 326 1032 to 34 east berk street i vote yes proviso revised plans

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two two pages stamp by zba march 26 25 2025 michael johns my vote 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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Tanetta Graham, my vote is yes with Proviso.

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Tywin, my vote is yes with Proviso.

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