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Hearing video

ZBA Hearing - October 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 26, 20224h 56m

It was a very good and productive meeting, and I believe there's a representative of

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that organization on the call, and I'll entertain any questions from the board and also have

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my client adopt my testimony, Mr. Chairman.

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Why don't we have your testimony adopted?

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Ms. Phillips, can you raise your hand?

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Mr. Phillips, you've been allowed to speak.

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good morning could you state your name and spell for the court reporter

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good morning akia phillip a-k-i-a-p-h-i-l-l-i-p right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth yes proceed counsel uh good morning miss phillips

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have you heard my testimony today yes and you were on the entire call during my presentation

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yes and if you had the opportunity to testify would you adopt my testimony as your own and

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as true and correct yes thank you mr officer appreciate it all right questions from the board

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no mr chairman no mr chairman

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no mr chairman questions or comments from the virtual audience

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i see no hands chair planning commission thank you good morning chair bergman this is ian hegerty

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on behalf of the philadelphia city planning commission last name spelled h-e-g-a-r-t-y

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right do you swear or firm to tell the truth the whole truth and nothing but the truth

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yes sir proceed thank you good morning board members this proposed special exception will

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not cause detrimental impacts to the neighborhood beyond what normally might be expected. And so

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the city planning commission recommends that the board grant the special exception. Thank you.

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MI 2022-003-265-4087-1.5 Lancaster Avenue. There's no RCO letter on record,

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but because of the overwhelming support, I vote yes. Carol Tannery, my vote is yes.

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James Snow, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, Mr. Chairman, members of the board.

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Number five, MI 2021-005-162-1007 Brandywine Street,

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Jessica Diaz.

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Ms. Diaz is coming back in as a panel.

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Okay.

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Good morning, Ms. Diaz.

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Good morning, Ms. Diaz.

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Ms. Diaz, please unmute yourself.

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Ms. Diaz?

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Yes, sir.

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All right, good morning.

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Could you state your name, please, and spell it for the court reporter?

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Yes, sir.

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My name is Jessica Diaz, D-I-A-Z.

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I am the owner, occupier, and applicant for 1007 Brandywine Street.

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With me today is my architect.

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Okay.

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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, sir.

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So your architect could advise you, but you have to testify.

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Now, you had communications with us yesterday.

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did you send in a letter requesting a vote this morning yes sir you did yes sir okay hillary

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miss diaz we we received the letter requesting reconsideration and i sent you a lengthy email

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in response that that was not the appropriate request in this case and um advised you once

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again, that you could request a non-protunk hearing to be able to file a late appeal of

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your new refusal. So far, we have not received that request. That's what I would like.

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Okay. So what we need is a letter from you. So what I want you to do is if you would

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do a letter now email to our attorney and i'll come back to you in a little bit i'll hear another

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case and i'll come back to you but we need that letter right away is that right hillary

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yes that is that is correct and um we could even if we need to um address it at um an afternoon

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session we can because it's a non-protongue request this is not a hearing on the case

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So here's what we'll do is, Ms. Diaz, send a letter, and we'll do that when we do the first three cases on the two o'clock, okay?

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the first three cases on the two o'clock okay yes we'll address the request at two o'clock

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Yes, we'll address the request.

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and mr chair i i think um uh mr rudder from the law department i just wanted to weigh in briefly

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on this matter sure good morning mr rudder and mr rudder we cannot hear you oh sorry i keep

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forgetting i have a switch state your name and spell for the court reporter sure uh leonard f

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reuter uh last name is r-e-u-t-e-r um senior attorney for the city of philadelphia i just

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want to let you know that do you wait one minute do you swear a firm to tell the truth the whole

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truth nothing but the truth i do proceed uh yeah i just want to let you know that ms emerson

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reached out to me about this matter um i guess just to get an indication of what the city's

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position would be and we uh then because it took so long for me to uh to log on our network's not

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really working well today um uh i guess i missed it but it sounds like uh we've already it's

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already been explained about doing a non-protunk appeal and i just want to let i don't know that

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i'll be able to to put this on the record at two o'clock but um if i can't i would just let

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the board know that the city has no objection uh to a non-protunk appeal in this matter given the

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fact that it was uh you know just kind of a administrative you know technical uh mistakes

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that were made that were we don't believe were the applicant's fault so thank you very much so

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miss diaz we'll be back with you at two o'clock okay yes sir thank you thank you for uh your

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patience, though. Okay, so case number nine, MI 2021-002-835-2351 North 31st Street. Leo Movihill

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is the attorney. The RCO letter has not been received yet and needs more information from

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the attorney but we're going to go on with the case chair i don't see mr mulvihill in the audience

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okay uh there's no hands okay um so mi 2021 002 835 2351 north 31st street this case is continued

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Mark must be tried.

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Is there anyone on the morning schedule whose case has not been called in the virtual audience?

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I see no hand.

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I'm sorry, we're here.

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We have Diane Monroe now.

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Okay.

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Ms. Monroe, please unmute yourself.

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hi could you state your name please hi diane monroe could you spell for the court reporter

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yes d-i-a-n-e monroe m-o-n-r-o-e do you swear or firm do you swear or firm to tell the truth

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the whole truth nothing but the truth i i yes i will tell you tell me what case you you have an

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interest in 1007 brandywine street uh you just spoke on it yeah and i'm i'm about to go out of

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town and uh you continuing to two o'clock i just want to make sure we did submit letters of support

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for this yeah so so so ma'am that we're going to we're going to we're continuing after two o'clock

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to just to take a vote on the fact that the person can present the case at a later date

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so we're not going to have the case at a later date okay okay okay i just want to make sure you

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guys got our oh good good and and by the way thanks for calling in we really appreciate that

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thank you miss monroe this is hillary we we did receive your letters of support so there's just

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there's just an issue and I believe you've been on some of the emails between myself and Ms. Diaz

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there's just been an issue with the new refusal and an appeal being filed so we just we need to

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have that all sorted out before we can have the actual hearing on this case. Okay great thank you

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so much. You're welcome. Thank you. Is there anyone else in the virtual audience whose case has not

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been heard. I see no hands, Chair. Okay. She ever wanted two o'clock? Oh my god. Okay. Chair,

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oh my god okay chair just went up i'm sorry wait a minute there's somebody yes there's one hand up

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a hand just went up. I'm sorry.

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i think mr alia please unmute yourself and wait for the chair

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hi could you state your name and spell for the court reporter please

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my name is paul p-a-u-l alia e-l-i-a do you swear or firm to tell the truth the whole truth

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nothing but the truth i do could you tell me what case you're interested in yes it's the pen charter

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three thousand that case is at two o'clock sir yes should i um i'm the coordinating rco uh

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acting chair so do i do i have to register for the two o'clock or can i do that now

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um two o'clock you just come in using the same login that you did for this one i see

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okay so i'll go back thank you thank you for checking is there anyone else in the virtual

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audience that's it chair i don't see anybody two o'clock thank you everyone all right bye-bye

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thank you too wow

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Okay.

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And everyone's already here, Chair, so you can begin with as you can do it.

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I'll be ready in one minute.

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Good afternoon.

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My name is Bill Bergman, and I will be sharing this afternoon's ZBA hearings.

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With me is Carol Tenere, our vice chair.

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Present, Mr. Chair.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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And James Snell, our board member.

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Jim?

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Okay, he should be on very shortly.

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Also, here is our board attorney, Hillary Emerson.

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and our ZBA hearing supervisor, Lakeisha Dandy.

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Before we begin, here is our virtual format.

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Be advised that proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting tanyasunkett at phila.gov.

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For the benefit of our court stenographer,

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we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And lastly, the question answer box on the screen is not for comments or testimony.

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Any comments should be directed to our executive director, Tanya Sumpit.

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So let's look at continuances for this afternoon's list.

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Number two, MI 2022-004-231-4501 Woodhaven Road.

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That case is continued.

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Number three.

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What number was that?

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That was, what number?

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Number two.

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I'm sorry.

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Yep. Number three, MI 2022 001 770 5021 Aspen Street. That's a joint request between the

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attorney and the RCO. That case is continued. Number four, MI 2022 004 229 3301 Emerald Street.

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That case is continued. Number six, MI 2022-001-768-1625 North 18th Street. That case is continued.

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you. Number 10, MI-2022-003-586-1409 North Bouvier Street. That case is continued along with

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the other, the case number 15, which is next door. MI-2022-003-590-1411 North Bouvier Street.

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that case is also continued. And number 14, MI 2021-002-115-4112.

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That case is also continued. Does anyone have any comments about the continuances that I just read out?

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Mr. Chairman, Jim Spell here.

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Thank you, Jim.

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Thank you, Jim.

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Good afternoon, Chair. This is Fatina L.

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We have Sherman Toppin.

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Okay.

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Hi, could you state your name, please, and spell for the court reporter?

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Yes, good morning, Mr. Chair. My name is Sherman Toppin, S-H-E-R-M-A-N, T-O-P-P-I-N.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I am.

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All right, what case do you want to talk about?

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And I'm...

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You're breaking up, sir.

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The address is 1625 North 18th Street. It is scheduled at 2 o'clock today. This is really a joint request for continuance between our applicant and the lead RCO, William Howard.

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we've been exchanging emails to have a second RCO meeting and we're in the process of in that

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in the course of that meeting working out a community benefits agreement and I've sent a

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letter to this I'll be right with you that's number six on the list Mr. Chair it's already

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been continued I called that for a continuance and I'll make note that that is a joint request

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that's mi202 001 768 1625 north 18 street thank you for calling in sir thank you all right any

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other requests for continuances i see no hands chair i also have two cases

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i'm sorry chair a hand just went up okay

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okay. Andrea, last name beginning with F. Please ask. Hi, could you state your name and spell for

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the court reporter? Of course. My name is Andrea, A-N-D-R-E-A. My last name is Formosa, F as in

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Frank, O-R-M as in Mary, O-S-A. Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth. Yes, sir. What case do you want to talk about? Um, it's 8200 Ridge

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Avenue. There was supposed to be October 26th at 2 PM. Yes. You're, you're not the attorney,

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right? I'm not, no, I'm the tenant that lives there. Okay. So that case is going to be called.

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That's the last one on the list at two o'clock. Okay. So do I just stay here and wait? I would,

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stay on the list and when i call you can come on thank you okay sure all right there are no more

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hands here okay all right thank you uh number 11 mi 2022 003 308 5774 north 20th street

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there are no exhibits for this and we believe there's also um an attorney may be needed

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The owner is 20th LLC.

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I see no hands, Chair.

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Okay, so number 11, MI 2022-003-308-5774 North 20th Street.

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This case is continued.

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And also, number 16, MI 2022-001-804-4430 Pine Street.

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Dorothy Ann Hamill is the attorney.

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We have no exhibits.

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This is the second listing.

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Ms. Hamill is not in attendance, and there's no hands here.

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Okay, thank you.

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So MI 2022-001-804-4430 Pine Street, this case is continued, marked must be tried.

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Okay, we're going to go to our add-on list.

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So our first case on the add-on list.

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I'll be right with you.

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Okay, our first case on the atom list, MI 2021-005-162-1007-Brandy1.

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0-0-5-1-6-2-10-0-7 Brandywine Street.

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Jessica Diaz, please.

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