civus
Hearing video

ZBA Hearing - June 7, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jun 7, 20233h 49m

Thank you.

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okay chair we have 35 attendees and we can start as you wish thank you good morning everyone my

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name is bill bergman and i will be chairing this morning's eba hearings with me is our vice chair

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Ismail Shahid. Present Mr. Chairman. Our board member James Snell. Present Mr. Chairman. And

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our alternate board member LeBaron Leonard Palmer from Development Services. Good morning Mr.

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Chairman. Good morning. Also here is Hillary Emerson our attorney and also our executive

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director Tanya Sunken. Here's our virtual format. Be advised the proceedings are being recorded.

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a video will be available by contacting tonyasunkett at phila.gov. For the benefit of

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our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to unmute and star 6,

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I'm sorry, star 9 to raise your hand and star 6 to unmute. To an appearance statement, call

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267-270-5548. Leave your email and the address of the property in question. And finally, the

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question answer box on the screen is not for comments or testimony. All comments should be

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directed to our Executive Director, Tanya Sunken. Let's look at the continuances that we have for

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today. Number one, MI 2022-004-030-9311 Volts Lane. In this case, there's a request for

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continuance from the Greater Busselton Civic League. Is the applicant present, Janik Patel?

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Good morning, Chair. This is Yvette Benton. I'll be your co-host for the day.

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I see no hands at this time. Thank you. MI-2022-004-030-9311 Bolts Lane. This case is

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continued. Mark, must be tried. Number two. Yes. There's someone up. There's someone who has their

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hand up with the last name Patel. First name looks like Bharat. That's fine. Mr. Bharat,

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Please unmute yourself or wait for the chair.

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Sir.

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Mr. Patel, could you state your name, please, and spell for the court reporter?

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Yes, my name is Bharat Patel.

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I'm the neighbor right next to me and him.

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The one house is a party wall, and I'm the contestant.

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I'm opposing the...

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So you are not the applicant?

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No, I'm not.

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All right, so we're not taking testimony. I'm getting ready to announce what we're going to do with the case, okay?

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Yeah, this is the second time, sir.

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I understand. I understand. Let me announce what I'm going to do, okay, sir?

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MI 2022-004-030-9311, Bolts Lane. This case is continued. Mark, must be tried.

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Number two, MI-2022-007-379-3695 Kensington Avenue. This case is continued. First listing.

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Number three, MI 2022-003-865-4063 Holland Street. This case is continued. Mark must be tried.

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Okay. Number six.

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Number six, MI 2022-005-303-4140 Poplar Street. Is Jeffrey Young, the attorney, present?

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Okay.

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Chair, we have Mr. Young with his hand up.

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Thank you.

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Please bring him on.

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Mr. Young, please unmute yourself and wait for the chair.

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Mr. Young, please unmute yourself and wait for the chair.

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Good morning, Mr. Young.

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Good morning, Mr. Chair.

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Mr. Young, could you state your name, please, and spell for the court reporter?

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Yes, Jeffrey Young, J-E-F-F-E-R-Y-Y-O-U-N-G, counsel for the owner of the property at 4140 Poplar Street.

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All right. Do you swear or affirm that's all the truth, the whole truth, and nothing but the truth?

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Yes.

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Mr. Young, the council person has requested a continuance for this case.

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Yes. Yes. And we are in agreement with that continuance.

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My client has revised plans that we need to submit to the community for the review.

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We'd like to come back to the board with those revised plans.

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All right. Thank you, Mr. Young.

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MI-2022-005-303-4140 Poplar Street, this case has been continued.

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Thank you, Mr. Young.

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Number 10, MI-2022-003-935-2627 West Oxford Street, this case is continued.

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12. MI-2022-004-033-2235 Cecil B. Moore Avenue. This case is continued. Attorney moving party.

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number 13 mi 2022 003 948 5017 walnut street um council person has requested a continuance in

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this case council person got the a andrea ford tillman or trees of justice or andrea tillman

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Are you in the audience?

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Ms. Tillman, if you're in the audience, please raise your virtual hand.

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Chair, I see no hands at this time.

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Okay.

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This is the second time this case has been called.

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We have no exhibits also.

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So MI 2022-003-948-5017 Walnut Street, I vote to dismiss.

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James Snell, Dismissed.

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Dismissed.

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Thank you.

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And number 15, MI 2022 007 343 6020 Lansdale Avenue.

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This case is continued.

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Are there any comments from the audience relative to the cases that have been continued?

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chair we have lucille mccarski miss mccarski please unmute yourself and wait for the chair

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hi um good morning could you come good morning could you state your name please and spell for

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the court reporter lucille mccarski l-u-c-i-l-l-e-m-o-c-a-r-s-k-i right do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth. Yes. What case are you calling

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about? I am a protestant on the case. I didn't hear it mentioned, but I see in the chat that

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it's been continued. It's for 2022-004477. What location, ma'am? 2633 Orthodox Street,

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19137

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we didn't call that case yet Mr. Chair

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I just saw it in the chat

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it says continued

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say the location again

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2633

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I see it here

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I'm getting ready to call that

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okay thank you all right so sure thank you

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this is hillary this is hillary i think um i think that that that was number 10 that was

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continued that was 2627 west oxford street i think the uh the address was hillary i misreferenced

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yeah yeah i think if you look at the number 11 2633 orthodox street there's no exhibit

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second listing yes no no no that's what i mean but i think in the chat the case that was continued

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It was actually 26, 27 West Oxford Street.

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Thank you.

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Is there anyone else?

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Chair, we have Eloise Young. Ms. Young, please unmute yourself and wait for the chair.

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Chair, we have Eloise Young.

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Ms. Young, please unmute yourself.

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Good morning. Could you state your name, please, and spell for the court reporter?

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Good morning. My name is Eloise Young, E-L-O-I-S-E-Y-O-U-N-G.

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Thank you. 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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And what case are you calling about, ma'am?

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I am calling about case number MI-2022-007343, 6020 Lansdowne Avenue, which was just continued. It's number 14 that you continue.

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Okay, thank you.

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That case has been continued, and I believe we – it's just the one – no, I'm sorry.

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That case has been – what's your name again, ma'am?

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Eloise.

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Eloise Young.

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You're not a complainant in this case, are you?

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No, we're the RCO.

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You're not an applicant, right?

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No, I'm the RCO.

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okay so so if i'm not mistaken we dismissed that case did you just miss it or continue it

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mr chair that one was continued number i'm sorry yes that was continued at the request of the

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attorney for the applicant that's what i wanted to know i just wanted to know why it was continued

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thank you okay you're welcome all right is there anyone else with the continuances

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chair we have michelle cruz miss cruz please unmute yourself and wait for the chair

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

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michelle cruz m-i-c-h-e-l-l-e cruz c-r-u-z do you swear for him to tell the truth the

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whole truth and nothing but the truth i do okay and what what case are you calling about

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well i raised my hand because i saw that 2633 orthodox was continued but now i see

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that it says it's not continued yeah i haven't got to that case yet ma'am okay

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okay um is there anyone else for continuances chair we have jeffrey young with his hand up

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mr young please unmute yourself and wait for the chair good morning mr young

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morning again i've been sworn just what what's your location what's your case uh 5900 pulaski

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that's number nine Mr. Chair yep okay um you're requesting a continuance uh yes Mr. Chair we're

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requesting the continuance and asking that the attorney be uh the moving party uh we're still

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trying to work out some details with the RCO uh for this particular use thank you Mr. Young

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Number 9, MI 2022-003-966-5900, Pulaski, Cases Continued, Attorney Moving Party.

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Thank you for calling in again.

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Okay, case number 4, MI 2022-007-383-1440, Hellerman Street.

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We have no exhibits. This is the first listing. And Needlow Valentin is the owner applicant.

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Mr. or Ms. Valentin, if you're in the virtual audience, please raise your hand.

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Chair, I see no hands at this time. Thank you. MI 2022-007-383-1440 Hellerman Street. This is the

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first listing. This case is continued. Marked must be tried.

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Number seven, MI 2022-003-410-123 Leverington Avenue, Crystal Johnson.

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This is, we have no exhibits. This is the third listing.

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Ms. Johnson, if you're in the virtual audience, please raise your hand.

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I see no hands at this time, Chair.

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Thank you. MI 2022-003-410-123 Leverington Avenue, I vote to dismiss.

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James Snell, I vote to dismiss.

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Yes.

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yes my phone went out chair where are you at i had to come back in

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we're at uh here number nine no problem do you agree to wait the reading

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yep do you agree i'm sorry i'm sorry wait a minute

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seven numbers yes number seven number seven this was the third listing we still have no documents

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It's MI 2022-003-410-123 Leverington Avenue.

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I voted to dismiss, so did Mr. Snell.

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Ismail Shaheem, I voted to dismiss.

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Thank you.

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Number 11.

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MI 2022-004-477-2633 Oxford Street.

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We have no exhibits.

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This is the second listing. Michelle Cruz.

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Chair, Ms. Cruz is coming back in as a panelist now.

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All right. Good morning, Ms. Cruz. I believe I've already sworn you in.

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Hello. Yes, this is Michelle Cruz.

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So, Ms. Cruz, we have no exhibits for this case.

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you do not have the paperwork i submitted the exit uh paperwork i have never gotten a response

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back i emailed them twice miss cruz this is hillary emerson we've been in touch via email

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and we've advised you a couple times that you need an attorney on this case

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yes have you became an attorney yes who is your attorney donald funk he is on the line

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Okay, we did not receive an exhibit packet. I received something from you yesterday that was related to your, your Airbnb, but we've not received documents like e-tax clearance, photos, that sort of thing.

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Proof of posting, none of that.

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Maybe I don't know what the exhibit, I thought that what I was submitting yesterday was the exhibits.

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no it was not there's a when you are there is information in the email that you are sent with

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the poster about a month before your hearing that tells you what you need to submit i did post the

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poster okay but there's a whole list of documents you need to submit and we have not received them

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okay so this case will need to be continued so here here's where we are mi 2022 004 477 2633

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orthodox street this case is continued mark must be tried next listing must be tried thank you

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okay um we're going to go to our add-on list

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mi 2022 003 293 2409 north 17th street the vote on this matter has been moved to

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Wednesday, June 14th, 2023 at 9.30 a.m. Second case on our add-on list, MI 2023-001-253-1330 East

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Burke Street. The vote on this matter has been moved to Wednesday, June 14th, 2023 at 9.30 a.m.

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And number three, MI-2022-007-290-1800 North 22nd Street. The vote on this matter has been moved to Wednesday, June 14th, 2023 at 9.30 a.m.

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um case case number five was our first case of the day mi 2022 007 037 431 north 41st street

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alan knockamson is the attorney this is a resumption hearing

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here mr knockamson is coming back in as a panelist now

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Good morning, Mr. Nachamson.

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Good morning.

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Good morning.

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

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

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Yes, Alan.

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Yes, Alan Nochamson, A-L-A-N, last name Nochamson, N-O-C-H-U-M-S-I.

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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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Just for the record, do you identify your client?

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Oh, yeah.

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My client for this matter is Poplar Development LLC, and in the virtual audience is one of

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its members, Christian Sanchez.

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Okay.

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We have an update from council person.

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I understand she's she's in opposition, but the community has been willing to consider a low density, multiple family variance.

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That's that's the last thing I have had. So so just for the sake of the math, this this resumptive hearing will be you first giving us an update.

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Then we're going to see if the RCO is here and then we're going to go to planning and then we'll consider whether we vote or not.

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It sounds great. So, yes. Originally, this was a project where we proposed six family dwelling units along with an accessory parking space and a rooftop deck.

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We had a preliminary meeting with the West Paladin organization. Very passionate group, very community oriented.

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Originally, it was told to us if we eliminated the roof deck, eliminated the parking space, and reduced the unit count to four, that would be something that would be acceptable to the community.

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