civus

ZBA Hearing - September 15, 2021

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Sep 15, 2021, 4h 44m

James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Thank you all.

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are we ready to go back

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to Mr. Clinton

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Mr. Clinton are you ready

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yes I'm ready

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we're going back to case number one

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MI 2021

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001896

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1221

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Westley High Avenue you've been sworn in

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and you've addressed the

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questions of Ms. Tenere

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so please proceed

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thank you Mr. Chairman

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It just says on my screen that I can't start my video because the host has stopped me.

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If I could just be...

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There's noise, background noise.

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Does someone have a radio on or a television?

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Please mute it. Thank you.

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Mr. Clinton, you're still not able to go for it.

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I think that's been rectified.

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Thank you, Mr. Chairman, for your patience. I appreciate it.

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all right so can everyone see this screen well we still see you henry all right let me get all

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right i'm getting i'm getting there now we now oh it's still h street but

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okay you got it okay all right thank you very much so you still have some background stuff

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on there uh the 8th street whatever maybe you can clean that up clear that out of there and

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how about now is that better it's good yeah if you can enlarge that that would be helpful okay

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we're not getting your full screen now okay now we have it thank you mr chairman members of the

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word for your patients. I really do appreciate that. So this is 1221 Wesley High Avenue.

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This request is for a pure subdivision. We're not proposing any housing or any structures on

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the project. This is the table of contents or exhibits AA through A10, which I'll ask to be

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admitted into evidence at the close of the procedure. My appearance statement.

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this is the refusal this is an rm1 zone and we basically are taking two lots which front on

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lehigh avenue and i'll show you in the aerial photographs a front on lehigh avenue and silver

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street and we are converting those two lots into four and we are not proposing any structures at

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this time 12th and cambry advisory board is the rco and that's mr wooten who is on the call

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so he can fill you in on their position.

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This is an aerial photograph of the lot.

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This is Lehigh Avenue.

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Lehigh Avenue, the homes on Lehigh Avenue are very, very deep.

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Back in the day, I think this used to be called Doctor's Road

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because there were a number of physicians on the first floor

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and multifamily above.

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At the corner is Cookman United Methodist Church.

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And this is the lot.

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It's very deep.

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It runs from Lehigh to Silver.

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This is just another view of the lot to show you from fronting on Lehigh Avenue.

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And this is the lot as you look at it from Silver Street.

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so what's what's important here is that what our intention is is to subdivide the lot

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What's important here is that what our intention is, is to subdivide the lot, basically in half, and then eventually have a home on silver here and here, and two on Lehigh.

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When we present it to the community, even though I'm asking the board or we're asking the board for a strict subdivision plan, out of courtesy to the neighbors, my client also produced building plans of what he intended to build if the subdivision was approved.

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And basically the whole discussion during the meeting, and I think Mr.

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Wooten can confirm it, was concerning what we intended to build, not necessarily the subdivision.

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That will come at a later time.

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And if this lot is subdivided, then basically the lots on this side of Silver Street and this side of Silver Street will basically be very close in depth so that you have uniformity on both sides.

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Right now, the back end of Lehigh Avenue, as you can see, there are no homes at all.

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It's basically the driveways for the larger homes on Lehigh Avenue, plus you have Cookman Church at the end of the block.

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This is a view looking west on Silver Street.

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Again, just trying to give the board a flavor for what's going on.

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This is the subdivision plan.

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this is what is before the board today basically taking the entire lot on lehigh avenue and then

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on the right hand side converting that into a lot on lehigh avenue two lots on lehigh avenue

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a and b and then two lots on silver street

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we have submitted a revised plan only because when the surveyor looked at the project and

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realized that he had landlocked the lots he now has an easement going from the rear of silver

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the lots on silver street onto silver street so if the board looks kindly upon this application

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I would ask that this plan gets stamped and the provisor sheet gets stamped. So again, in conclusion, these lots will be cut in half. The lots on Silver Street will mimic the size just about of the lots on the other side of Silver Street.

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And we did present the proposed buildings, but the community didn't particularly like the buildings on Silver Street, although they did like them on Lehigh, but that's really not before the board today.

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So, with that, I would rest and I'll ask my client to adopt if there's any questions from the board.

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I'm also entertaining those.

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Your client is?

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My client is Mrs. Castro, who is on the, excuse me, my client is Vladimir Stein, S-H-T-E-I-N, who is on the call, I believe.

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Please raise your hand.

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and they're available they just have to unmute themselves

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yes hi please spell your first and last name first name vladimir v-l-a-d-i-m-i-r

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last name stein s-h-t-e-y-n you swear or affirm to tell the truth the whole truth nothing but

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the truth i do thank you please proceed mr clinton mr stain uh you were on the call today

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uh during my presentation correct yes and you heard my testimony yes and if you had the

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opportunity to testify would you adopt your testimony my testimony as your own and as true

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and correct yes thank you mr stein thank you any questions from the board no mr chairman no

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If anyone else would like to testify in this case, please raise your hand.

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If you're out there, Mr. Wooten, you've already been sworn in.

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You're under oath.

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Is Mr. Wooten still out there?

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Good morning.

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Good morning again, Mr. Wooten.

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You're still under oath, so please begin your testimony.

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Okay, thank you.

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Top of the morning to you, too.

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Okay. The reason a letter wasn't sent then is because at the community meeting, Mr. Clinton didn't have his architect with him. And the community didn't want an entrance to the back part.

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we're not against progress we just want everything to be familiar with the neighborhood

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so on the silver street side it's nothing but um garages and driveways so the neighborhood doesn't

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So the neighborhood doesn't want an entrance to the back properties on the Silver Street side.

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want and

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What we were proposing to him was could he make a walkway or say two walkways on each side of the front buildings or either a walkway in the middle of the two front buildings to come to the two back buildings

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instead of putting the entrance on Silver Street,

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make the entrances facing the back of the buildings

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on Lehigh Avenue.

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And he didn't have his architect with him

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to see if that was feasible.

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And he said that he was going to get back with me

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with his architect, but he never did that.

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And so since he never got with that,

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they voted no.

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because his architect never

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Mr. Wooten, excuse the interruption

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are you suggesting that another meeting might be helpful?

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Sure. Mr. Clinton?

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Always allowing to meet with the community again

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Mr. Chairman. Mr. Wooten, if it's okay with you

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we'll have a resumption hearing. Mr. Wooten

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when does your community next meet?

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uh uh so the third let's see i'll tell you i'll give you exactly

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october 21st october 21st is a thursday that's correct

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um lakisha if we do a resumption hearing what would be the closest we could get to october

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after October 21st.

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Chair, can you just give me a few seconds

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just to look at that data?

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Yeah, sure, absolutely, absolutely.

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Excuse me, Chair, this is Sharon.

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Yes.

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Would the community representative,

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the RCO representative be willing to agree

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that the resumption hearing

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shall be solely for the purpose

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of reading the RCO letter into the record?

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And Mr. Clinton, if you would also agree to that.

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Yes, I would agree to that.

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Yes.

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Okay.

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In that case, I can talk with Ms. Sunkett, but I believe in that case where it is only for the reading of the record, the timing is such that it can be scheduled for the next ZBA scheduled hearing after the RCO meeting.

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or unless you think you will need additional time

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to prepare the letter, Mr. Wooten.

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No, not after that, no.

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Okay, thank you.

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Again, Sharon, what is it you're proposing we do?

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That the resumption hearing will be limited

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to reading the RCO letter into the record,

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that there will be no additional testimony.

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But we need a specific date, don't we?

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Yes.

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November 3rd.

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yep that would be the wednesday right after the um rco thank you mr clinton does that work for

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you yes mr chairman mr wooten yes yes okay thank you all uh mi 2021 that's zero zero one eight nine

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six one two two one west allegheny this hearing will be resumed on november the third at what

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time uh lakisha 9 30 at 9 30 a.m at which time the board will consider any feedback related to

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the rco's letter is that correct sharing that's correct no testimony the record is otherwise

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closed thank you thank you thank you gentlemen thank you mr chair for your accommodation

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mr chair before you move on to the next case there is an issue with um mr anastasio's case

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number four which was previously called could you call that again please my 2021-000-463-1553

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north marston street and mr anastasio could be promoted after the ruling mr anastasio contacted

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me to ask that the proviso be added approving revised plans i have questions about those plans

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If Mr. Anastasio is present, I'm afraid that the changes that are being proposed are not changes that can be done by revised plans.

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Anastasio, you're still on their oath, Sharon.

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Mr. Anastasio, had you sent these in prior to this morning?

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prior to this morning? No, Ms. Saleta. These were plans that were redesigned as a result of

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No, Ms. Saleta, these were.

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negotiation with the RCO. I'm sorry, but you are increasing the unit count from 8 to 10 units and

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decreasing the open area from 21.3% to 6.2%. And I understand that that's an increase over the

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existing open area, but these are changes that have to be reviewed by L&I. The board can't simply

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do them by revised plans. Understood. So we'll just go through the administrative review process

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then. I doubt that they will do it by an administrative review because it doesn't meet

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the criteria for administrative review. You are not decreasing the degree of the variances or

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just the height. Yes. Well, the height, right. So I would suggest that the board, I'm not sure.

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Yes, I need to contact L&I to determine how this can be approved.

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If we could just vacate the vote that was taken this morning and continue this for a resumption hearing to a date to be determined.

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Okay, so noted.

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That'll be fine. Thank you.

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All right, so what was just put on the record by Ms. Saleta is so noted.

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So MI 2021-000463, 1553 North Marston Street.

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This hearing will be resumed.

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Sharon, we don't have a date.

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We won't have a date yet, would we?

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No, we're going to need to determine what action needs to be taken.

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So resume to a date to be determined.

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And it will require reposting.

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Yeah, resumption hearing to be a date to be determined.

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Thank you.

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Thank you.

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All right.

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At number five on our list, MI 2021-001899, 1644 North 26th Street.

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Michael McElhenney is the attorney of record.

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Brewery Town, Sharmswood, RCO supports this application.

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Vern, you're still on.

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No.

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Vern, you might want to mute yourself.

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Sorry.

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Mr. McElhenney available.

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Anyone here from 1644?

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Good morning, sir. This is Jason Hand. I'm covering briefly for Ms. Dandy.

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Mr. McElhenney has been promoted to panelist.

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Mr. McElhenney, please spell your full name and I'll swear you in.

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Good morning, Mr. Chairman, members of the board.

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Michael McElhenney, it's M-I-C-H-A-E-L, McElhenney, M-C, capital I-L-H-I-N-N-E-Y.

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

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I do.

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Thank you.

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