civus
Hearing video

ZBA Hearing - May 17, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 17, 20237h 55m

Proceed, counsel.

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Stephanie, did you inform him that you were asking for support for an Airbnb unit at any point during your conversation?

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Yes, and I told him specifically if he wasn't comfortable with the fact that I was asking for Airbnb,

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that his option was to, of course, I respected his decision not to sign the support letter,

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But that also, if I, that he was welcome to cross out anything on that form, including the request for Airbnb, write everything in.

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anything on that form, including the request for Airbnb, write everything in, including long-term

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rental, because he informed me that he was very new to the neighborhood and just signed a lease

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to move into the neighborhood, that he was philosophically opposed to Airbnb. I told him

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I respected that, and he was entitled to his opinion. He could cross that out and write

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anything in that he chose to from that form before signing it. And you did inform all of the

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neighbors who have signed these support letters that it was for short-term Airbnb-style rentals,

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correct? Absolutely. Great. Thank you. Thank you. Is there anyone else in the virtual audience?

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I see no hands, Chair. And Ron, do you need to add anything else, Ron?

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No, I'm fine. Thank you. Okay. Thank you. We're going to hold this. Okay. Thank you. And be

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honest with you, what we're checking on is that you're asking for Airbnbs for four units or three

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units, but they really don't exist, right? Because this is a single family home.

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That's what I'm saying. In the eyes of the city, these units aren't there. It's a single family

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home. Which is why we're requesting for the Airbnb units to be created.

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Yeah, but it's a single family home, right? It's not. It's currently divided into four units.

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Yeah, but what's it zoned?

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It's zoned RSA 5.

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Right.

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As are most of the other multi-family houses.

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But we're not talking most of the others.

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We're talking yours.

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So we're going to take this under consideration.

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But I just want to say, that's why we're asking for the variants to create the units.

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They don't need to be existing already.

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If you had a single family home and wanted to ask for four units.

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We're going to take a look at this week and we'll get back to you.

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Excuse me, this is Hillary.

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um miss bazidlow it doesn't list the number of units and i don't know that visitor accommodations

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typically do so that's why we need to get clarification that they're because from what

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we can see there's only two legal units at this property so if we approve visitor accommodation

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and there's more units than that that may cause a problem so that's why we need to check to see

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what what's happening i appreciate that and i understand um i just want to clarify that this

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was presented to the RCO and to the neighbors as four units. Thank you. Okay. We're going to move

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on to number three. MI 2022-007-299-2302-04 East Gordon Street. Let's see here.

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No letter from the Fishtown, but applicant has submitted a vote count, which shows 37 in support.

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Eric Carroll is the attorney.

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Mr. Carroll has been promoted.

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Okay, thank you.

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

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Thank you, Mr. Bergman. Eric Carroll, on behalf of the owner.

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

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Eric, E-R-I-C, Carroll, C-A-R-R-O-L-L.

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

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I do.

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Could you identify your client, their relationship to the property?

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23 Gordon, LLC.

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right our our vice chair has a few questions sir

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good afternoon council do you agree to waive the reading of the refusal and stipulate towards

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accuracy i do have you emailed in all the required documents and exhibits that are needed to proceed

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with this case five days in advance of this hearing i have and uh just as one addition um

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There is an RCO letter of support. Mr. Dungan, the Fishtown Neighbors Chair, emailed that in. It should be on the file. I have a copy of it for my presentation.

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Make sure we get a copy of that, please.

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Yes. All right. Thank you. Yes. Please proceed to share your screen.

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Thank you. Okay. My clients own 2302 to 04 East Gordon Street in the Fishtown neighborhood.

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Right now, you're looking at an aerial view.

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As you can see, 02 and 04 are now one lot.

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That was not the case up until 2016.

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In 2016, the previous owner filed for a lot consolidation.

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That was approved.

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The property went under one OPA, but the previous owner didn't do anything with the property.

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He never built the large house that he intended to.

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I'm not sure what happened, but he sold the property to my client last year.

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i'm not sure what happened but he sold the property to my client last year

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what we're seeking

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what we're seeking at this right now in part is the board's approval to subdivide the lot

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back to what it was historically back to what it was prior to the 2016 consolidation

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um the lot is 1267 feet uh if you cut that in half which is what we're trying to do your your

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you're at 639 square feet. That's actually large for this block. Most of the houses on this block

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are somewhere between 563 square feet in terms of lot size and 630.

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I'll show you a photo from the front. It's been vacant for many years.

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As you can see, the zoning notices are posted. I also had submitted a copy of the deed showing that

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my client purchased the property in April of 2022.

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We have a tax clearance certificate

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showing that everything is up to date.

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Throw you a copy of the refusal.

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So in addition to the subdivision,

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what we're seeking this afternoon

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are variants larger related to the lot size

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if they were to be subdivided.

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So if they were to be subdivided

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Each lot would be 13, somewhere between 13 and a quarter and 13 and a third square feet in width.

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We need a variance for that.

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Also, the lot area and the maximum occupied area we're seeking variances for.

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Had this not been subdivided back in, or had this not been consolidated back in 2016, by right, we could have built the two houses on the separate lots.

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we would have been grandfathered in on the lot with issue.

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All we would have needed would be the maximum occupied area variance.

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Here's the subdivision plan.

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As you can see, the property, one property is 13 and a third in width,

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and the other property is 13 and a quarter feet in width.

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Let me show you the, we also have the appeal.

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Just trying to show the plans here.

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So this is a copy.

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This is the plans from the Gordon Street view.

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As you can see, it's going to be a three-story building.

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Each building would be three stories with a basement and with the roof deck and a pilot

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house.

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We have a basement with a bathroom and the washer dryer downstairs, the first floor living

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dining room kitchen.

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Second floor of each would be two bedrooms with the bathroom in the middle.

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The third floor would be the master bedroom and bath, and then the roof deck with the

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pilot house would be shown here.

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these plans, given the lot size, this is the best we can do with this property.

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It's kind of a property of right now, where by right, we could build a really large house

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that would be completely out of character with the neighborhood. And the cost of building it and

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the uncertainty of selling something like that is a hardship for my client. That's why we're

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seeking the subdivision and just seeking to build two houses on the subdivided lots.

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The name, we met with the RCO last month.

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The Fishtown Neighbors Association

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is in support of the project.

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They noted that the design was well received

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and that what we're proposing would be more in character

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with the nearby properties,

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as opposed to what we could be built by right,

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which would be this mega house that would stick out

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like a sore thumb in the neighborhood.

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So I have them. That's all I have. I would the members of my clients. I'm not sure who's still on the line. Somebody had to drop because this went long, but either Chris, Ron or Will. Are you guys there? Would you please raise your hands?

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Sure. I have Chris.

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tomasco yeah let him in

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hi i'm here sorry i'm at my football game at the same time well that's that's good could you

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state your name and spell for the court reporter please uh kristin tomasco k-r-i-s-t-i-n-t-o-m-a-s-t-o

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t-o-m-a-s-t-o right do you swear or affirm to tell the truth the whole truth nothing but the

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right do you swear or affirm to tell the truth the whole truth

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I don't know.

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truth yes proceed counsel uh mr tomasco you were a member of the owner of this property 23 gordon

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llc yes and did you listen to my presentation that i gave just now yes was it truthful and

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accurate yes would you adopt everything i said as your own testimony if you were to testify

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Yes.

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Thank you.

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Questions from the board?

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No, Chair.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Yes, Chair, I have Robert Everett with his hand up.

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

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Yes, good evening.

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Robert, last name Everett, E-V-E-R-E-T-T.

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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.

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Are you a neighbor?

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I am a nearby neighbor, but I'm on the F&A zoning committee.

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I'm just going to confirm.

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Okay, fine.

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That's great.

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Proceed, sir.

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I'm just confirming that, yeah, the letter was sent Monday.

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I have a copy that I was sent.

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And Eric's correct.

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The numbers are accurate because I'm the one who does the verifications for the meeting.

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I can send it to you in case it didn't make the package.

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Well, Eric will send it over to our attorney.

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Okay.

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All right.

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And thank you very much for taking the time to call us.

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Is there anyone else in the virtual audience?

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I see no handshare.

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The Planning Commission.

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This is Ron Bednar, City Planning.

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The property is indicated for residential use on a city plan,

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given the physical conditions of the site.

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We recommend requests for variance be granted.

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Thank you.

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MI 2022-007-299-2302-04 East Gordon Street.

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I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you, counsel.

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Thank you.

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Okay.

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Number 11, MI 2022, 006-919-424-28 Belgrade Street.

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James Quinlan is the attorney.

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Mr. Quinlan has been promoted.

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We do not have an RCO letter as of yet.

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Good afternoon, Mr. Chairman.

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

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James Quinlan, Q-U-I-N-L-A-N.

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

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I do, sir.

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Could you identify your client and the relationship to the property?

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Sure. The client is 424 Belgrade Street, LLC.

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I have the dual role of being a member of the LLC as well as the counsel for the LLC.

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Okay. Right. Our vice chair has a few questions.

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good evening council do you agree to waive the reading of the refusal and stipulate towards

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accuracy i do have you emailed in all the required documents and exhibits that are needed to

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proceed with this case probably in advance of this hearing yes i did thank you please proceed

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and share your screen that's one one quick question do you have a proof you have a proof of posting

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Proof of posting was sent in, chairman, in the pictures.

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Okay, wait.

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Were you going to show it when you're...

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This is Hillary.

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I think we got the exhibits from when we were going to hear this case a couple weeks ago.

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We didn't receive any new exhibits.

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So is there a new posting photo for this hearing?

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Right.

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For this hearing, I was notified on Monday that the hearing was Wednesday.

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um so i'm that you know i'm here because i was notified to you know that the hearing was

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