civus
Hearing video

ZBA Hearing - October 27, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 27, 20203h 7m

But the variance is for, again, the office and the professional use portion of it.

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As you can see, this is the street view from the property.

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There is parking out front for residents and pass or go by or shoppers.

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Roll down. We're all stuck between. There you go. That's better. Thank you.

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Yes, no problem. This is the rear of the property.

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So this will be parking for any tenant of the property.

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So there's essentially two spaces immediately

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behind the property.

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This is additional parking.

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So the first exhibit or the second exhibit

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that you just saw, which is being shown here, this is two.

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And then you cross the driveway, which is being shown here.

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And then there's another two vehicles to potentially fit within this space also being a part of the property.

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So this is parking for any potential tents and or showers.

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This is trash removal being shown.

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This is another view if you're looking down the street from the property, additional parking.

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You also can kind of see the SEPTA bus depot, which will be providing public transportation for any shoppers and for tenants.

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You also can kind of see the .

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This is the view of the kitchen space within the property.

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This is the front view looking toward the kitchen or toward the back of the property.

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This is if you're in the kitchen looking back toward the front door to give you an idea.

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This is some closet space.

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Also the hallway.

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this is one of the office rooms another one of the office rooms this is the

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room within the property and this is the restaurant if you're looking like from

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the front room looking straight into the restaurant you see another photo of the

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restroom just so you can see um and yes that's it for the exhibits that i have

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i'll turn it back over to you as the chairman thank you no problem questions from the board

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no

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anyone else would like to testify in this case if so please raise your hand

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no hands at this time mr chair thank you planning commission good morning david effecto city planning

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commission mr chairman and members of the board this property is indicated for residential single

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family use in the city's comprehensive plan while we do not believe that the applicant has proven

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that a hardship exists there is an established history of a professional office in the basement

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of this building accordingly we have no objection to granting this variance thank you um excuse me

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this is sharon saletta also the um the rco and councilwoman parker um support this the only

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concern was that the basement professional offices not be converted to retail use since that would

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require another variance, it doesn't necessarily have to be added as a proviso.

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Thank you. MI-2020-0001595609 North Park Avenue. My vote is yes. My vote is yes. My vote is yes.

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okay next one up is mi2020-000970-6164 walnut street

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burn right is this burn yeah

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Anastasio, you have been promoted to panelist. You may unmute your microphone.

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Mr. Anastasio, you've already been sworn in.

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Yes, sir.

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Vern, you agree to wait the reading of its refusal and stipulate to its accuracy?

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Yes, I do.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance copied the refusal or referral folders and plans five days prior to

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this hearing? Yes, I have. Also, have you met with the RCO and have a letter? I met with the RCO. I do

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not have a letter. Thanks. You may proceed. Thank you. Good morning, Mr. Chairman, members of the

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board again. I'm sharing my screen. I hope you can see it. Can you confirm? Yes. Okay, good. I just

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wanted to get this out of the way since it was the subject of

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the request for the continuance. This is the neighbor

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notification of the RCO meeting being October 22, which was

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last week. And here's the proof of mailing out certified 140

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individual households were invited. And several didn't

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attend by the way. So this is a large corner property. See

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here there's a large corner property with three separate entrances two on the side and

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And one in the front is proof of posting, by the way, and for the last several decades, it has been used as a commercial space in the front of the side and a single room residence has actually been the same owner the whole time, Mr. Walton.

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one in the front there's proof of

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And if you could see here, in 2003, there was, I'm sorry, even before that, 1961, there was a proviso for a beauty shop, and that's the front side entrance.

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And since 1961, there's consistently been a commercial space in there.

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Since 2003, in addition to the commercial space, it's been a single room residency.

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And that was affirmed again, subsequent to 2003 as well. So the application is for commercial space on the first floor, and the commercial space would not be a beauty shop, would not be a high impact, we're asking for professional offices, and then the rest for the single room residents.

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The proposed use for the professional office requires the variance, even though it's been

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commercial since 1961. The proposed used single room residence requires a special exception,

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which as you know is completely different analysis. I'd like to show you the plans first.

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second okay so here is the first floor and the porch

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and then here is the entrance

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here's the entrance to the office is here

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we've got another entrance the rear entrance which will be for laundry trash storage that's

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the way the trash has always been removed from the commercial trash pickup from the independent space

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Here's the, that's the, oh, excuse me, I'm going to zoom out again.

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I'm having some computer issue here.

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Here are additional photos, proof of posting, interior, again, there's the entrance to the commercial space, and then there's another entrance here, which is for the trash room and the laundry.

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That's the back, there's another rear exit, there's the laundry room door, and this for

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the trash room, so it obviously looks like it's been used for commercial for quite some

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time. There is the tax clearance. Here's the deed. And as I said, there's the flyer.

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As I said, it's the commercial space that requires the variance, nothing else. And as you can see,

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here's evidence since 1961, it has been commercially used. The front space with the

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separate entrance has always been the commercial space, which makes it, given its layout and its

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corner locale, it makes sense. As I mentioned, the use of the property since 1961. With respect

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to the single room residence which has been in existence for nearly 20 years is it's just a

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continuance of that use for the last two decades operated and managed by the same owner

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who continues to pledge to continue to use commercial trash pickup with the

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specified space dedicated for trash continue to save install safe safety lighting and

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always have strict noise enforcement as he has for the last two decades and over the course of

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always have strict noise enforcement as he has for the last two decades.

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the last two decades based on my research no 911 calls to the to the property and absolutely no

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311 calls to the property folks who have lived there have lived there a long time and folks on

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the block know these folks very well we met with the rco last week it went well didn't seem like

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anybody had any objections but we await their letter which i hope will come soon and with that

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um i'd like the owner to identify himself so i could get him on the record

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mr wilson

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Watson

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Can I look for him right now

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Mr. Watson

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Watson I'm sorry yes

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I see what you're talking about now

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Thank you

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Mr. Walton

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You have been promoted to a

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You have been promoted to a panelist

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You may unmute your microphone

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and make your statement please

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he's having an assistant miss Adrian Wallace mr. Walters up up in age so she

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should be there to assist him okay good deal we'll wait

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okay mr walton's here thank you is mr walton able to speak yes he can

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can you ask him to give us his full name spell his last name for us

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give your full name and spell your last name that's an l yada gaha walton e l y a d a g a h

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W-A-L-T-O-N.

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Thank you, Mr. Walton.

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Thank you.

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

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Yes.

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Thank you.

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Vernon?

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Thank you.

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Mr. Walton, did you hear my presentation to the board today with respect to the former commercial uses and the single room residents?

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Yes.

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Thank you.

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And was it true and accurate to the best of your knowledge?

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yes good and do you adopt it as your own sworn testimony yes thank you sir mr chairman having

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submitted testimony and evidence that the proposed use of single room residents will not be a

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detriment to the health welfare safety of the community under the special exception analysis

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the burden would shift to anyone who would object at this time and with respect to the

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variants again since 1961 it has been historically a commercial space given its proximity on the

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corner and its completely separate entrance we respectfully request the zoning relief and thank

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you thank you any questions from the board no anyone else like to testify in this case if so

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please raise your hand at this time mr chair thank you planning commission good morning

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david effecto city planning commission mr chairman and members of the board this property

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is indicated for residential single-family use in the city's comprehensive plan we believe that

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the basement office may have less of an impact than the previously approved commercial use

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and since the rooming house appears to be pre-existing we have no objection to granting

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both the variance and the special exception for this property. Thank you. Sharon we're going to

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close the record on this correct? No we can't close the record if we're still awaiting the

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letter from the RCO and there's also the possibility that the councilwoman's office

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will want to weigh in um jason advised me that the next available date is december 9th at 9 30.

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um thank you mr anastasio will that date work for you we'll make it work thank you

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december 9th at what time at 9 30. thank you okay mi-2020-000970

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6164 Walnut Street this hearing will be resumed on December the 9th at 9 30 a.m.

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This hearing will be resumed on December the 9th at 9.30 a.m., at which time we will consider any feedback related to the RCO and the Councilwoman's position.

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Thank you. Thank you, Mr. Chairman.

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Professor, I believe that wraps up the 9.30?

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That's correct.

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Any unfinished business? Sharon?

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No, that's it. Thank you.

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Okay, see you all at 2 o'clock.

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Okie doke, Mr. Chair, thank you

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Thank you, and we're going to wait, as I said

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for Jason

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and then we'll take it from there

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and confessor, I don't know if you saw the list

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got a lot of continuances

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for the 2 o'clock, alright?

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I've got it

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We'll do what we did this morning, I'll read them off

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and we'll take it from there

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so tanya had a tooth pulled she's fine okay thank you sharon i tried texting her but it keeps

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kicking back

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okay frank you may proceed sir thank you good afternoon everyone my name is frank

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i'm the chair of the zoning board of adjustment i'll be participating in today's hearing along

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with our board secretary confessor plaza and board members mr thomas hollowman and mr james snell

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board administrator jason hand and board attorney sharon saletta are also in attendance

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for those of you who haven't yet participated in one of our virtual hearings i'll go through

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some of the basics of what you can expect first we will be administering oaths to individual

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participants prior to their testimony second for the benefit of anyone participating by phone

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we ask that attorneys and witnesses identify themselves prior to speaking or testifying

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third we'd like to advise everyone that this proceeding is being recorded and that by

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participating you acknowledge your agreement to be recorded fourth for anyone participating by phone

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if you wish to testify you must raise your hand by hitting star nine and then star six to unmute

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yourself. I repeat for anyone participating by phone if you wish to testify you must raise your

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hand by hitting star nine and then star six to unmute yourself. Finally to enter an appearance

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statement, call Google 267-270-5548 and leave your email address and the address of the property

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at issue. I will repeat. To enter an appearance statement, call Google 267-270-5548 and leave

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your email address and the address of the property at issue. With that said, we can begin. But before

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we call the first case and we will announce continuances that have been requested and then

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we will also ask if anyone at this time uh is requesting a continuance or withdrawal to please

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raise your hand i'll go through the list first before you do that sir yes yeah sorry to uh

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interrupt you but there's a miss draper who's um on lip reader she's asking if uh if you could

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is asking if you could uh make sure your mouth is visible i will try my best all right thank you

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hey so these are this i'm calling off a list of continuances mi 2020 dash zero zero zero

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six seven three three three two wilde w-i-l-d-e-y street

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MI-2020-000012, 7158 Torsdale Avenue.

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mi-20 excuse me mi-2020-000143-3676 indian queen lane

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mi-2020-000774-3515. Oh, I'm sorry. Cancel that. Sorry.

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MI-2020-0011133751

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1-1-1-3, 3751 North Darien Street.

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MI 2020-000533-3734 North 8th Street.

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mi 2020-000383-2810 frankfurt avenue

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mi-2020-3 excuse me start again mi-2020-000037

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3-1-1-4

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Frankfurt Avenue

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MI-2020-000

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955

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2774

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Kensington Avenue

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MI-2020-000

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454

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1008

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