civus
Hearing video

ZBA Hearing - August 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 21, 20246h 4m

We're going any further.

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Thank you to Mr. Kelly, the course stenographer, for a long day so far.

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Just here to verify what Ms. McAgnis said, and we're on board with support.

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And if we have to come back again, we'll still be in support.

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Thank you very much for taking the time to call us. We appreciate it. Is there anyone else in the first audience?

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Planning Commission.

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No further hand, sir.

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Okay, Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change to the existing industrial commercial mixed-use zoning, ICMX, at this location.

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The appellant has not demonstrated that there are unique physical circumstances or conditions that would prevent the property from being used in conformancy with the zoning code.

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The appellant plans to use the property as valet parking, but this is not defined in the code, and therefore there is no mechanism for enforcement.

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Accessible parking spaces and bicycle parking mandates are meant to support access for those who are disabled or are right by bicycle.

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Landscaping mandates serve to protect the environment and surrounding neighborhoods from heat effects.

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Further, the plans show that the use of gravel parking surface, which is prohibited under

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parking surface which is prohibited under the code chapter 14-803 the planning commission

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the code chapter 14

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dash

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recommends that the board deny the requested variances for non-accessory parking lack of

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screening and interior landscaping accessible parking bicycle parking and street trees

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we are going to hold the vote on this hillary this is closed except for

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additional documents and then a vote from the board am i correct that is correct mr chair

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Thank you, Counsel.

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Thank you.

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One more before we take a break.

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MI 2024-003-729-5361-91, Chew Avenue.

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Eileen Quigley is the attorney.

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There's unanimous support from Chew and Bellfield Neighbors Club Incorporated.

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They're coming back in as a panelist, sir.

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Okay.

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Thank you, Chair Bergman.

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What's that?

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Eileen Quigley-Ballard Spar.

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Okay.

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You've already been sworn.

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Could you identify your client and relationship to the property?

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Yes.

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PNC Bank.

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They are a tenant at the shops at LaSalle.

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And our vice chair has just a few questions.

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Counselor, do you agree to either read another refusal or stipulate to its accuracy?

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I do.

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have you emailed in all the required documents that is needed to proceed with this case five

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days in advance of this hearing we have with the exception of the tax clearance certificate

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the client is working with the city and the owner with regard to that okay we can proceed

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with this but we will not be able to vote until we receive the certificate understood

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please please proceed and share your screen thank you

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can you see the screen we can so we're here today because PNC Bank is moving

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into an existing bank space at the shops at LaSalle 5361 to 91 Chu Avenue what

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we're looking for is a variance for this accessory signage it's actually

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building identification signage which obviously is necessary for the bank and you can see it here

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so there are three signs they each they're the same size are about 46 square feet you're only

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allowed to have 15 square feet in a residential district but obviously this is for a shopping mall

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and to facilitate vehicular and pedestrian traffic and let people know where this bank is.

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So we're asking for the board to acknowledge that this is a hardship

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if we're not able to put the branding on this building.

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Just to give you some idea, the one sign will be here along Chew Avenue,

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and that's about 92 feet from Chew Avenue.

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The second sign will be at the drive-through and that's over 300 feet from Church Lane the third flat walls

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These are all flat wall signs. This actually is interior to the site and faces other stores

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So it doesn't impact the streets or the surrounding neighborhood

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As I said, this is these are channel letters. They're all internally illuminated

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and that's what it'll look like at night so there's no glare there's no animation

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it's all internal to the site um that's about it you have a representative from your for your

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client tim stevens

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um counsel you're an officer of the court will take your testimony questions from the

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board i'm sorry not to speak i'm sorry oh good i sir could you please state your name and spell

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for the court stenographer you can hear me correct i can okay tim stevens t-i-m stevens s-t-e-v-e-n-s

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

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yes i do proceed counsel thank you chair bergman uh mr stevens you heard my presentation

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Correct. Yes, I did.

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And would you attest to its accuracy?

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Yes.

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And Mr. Stevens, if you were to testify, would you adopt my presentation as your testimony?

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Yes, I would.

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Thank you.

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Questions from the board?

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No question.

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Questions or comments from our attorney, Hillary Emerson?

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Yes, Mr. Chair.

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I just wanted to note, according to the Philadelphia Tax Center, the real estate taxes at this address are compliant.

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so the board can vote on this matter thank you very much uh questions or comments from the virtual

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audience mr chair i have a hand up from charles richardson i have allowed them to speak

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Mr. Chair, I have a hand up from Charles Richardson. I have allowed him to speak.

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Okay. Hi, Mr. Richardson.

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Last one of the day.

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We have several more, so thank you.

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Last one of mine.

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Okay.

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But the councilwoman has no opposition.

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Okay. Thank you very much, Mr. Richardson.

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Have a good one. Take care.

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Thank you.

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Questions or comments? Planning Commission.

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amy void with the planning commission the comprehensive plan recommends a change in

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zoning from residential single family rsa1 to special purpose institutional spins

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within spins designation only one side frontage is allowed with static illumination while such

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sign exists on the property the proposed sign is consistent with the allowed uses

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in this auto-oriented shopping center and will not have detrimental impacts on surrounding uses

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therefore the city planning commission recommends that the board grant the requested variants for

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signs thank you mi2024-003-729-5361 to 91 shu avenue i vote yes michael johns my vote is yes

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general gaston my vote is yes tanetta graham my vote is yes i am win my vote is yes

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thank you chair thank you council oh i'm sorry mr shahib may i just move our exhibits into evidence

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you absolutely can yep thank you that concludes my business may i please be excused you can thank

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you thank you is there any is there anyone in the uh virtual audience from the three o'clock list

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whose case has not been called i mean i'm sorry two o'clock list

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mr chair i have a hand up by a tiara or cherry i have allowed them to speak

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sure i could you please state your name it's spelled for the court stenographer

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tiara dortree t-i-a-r-a last name dortree d as in dog o-r-c-h-e-r-y

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do you swear do you swear or firm to tell the truth told truth nothing but the truth

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Yes.

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What case were you interested in?

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I am here for the 3.30 for study strides.

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Okay.

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We're going to be back in five minutes, okay?

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Yes, sir.

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Thank you.

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All right.

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We're going to take a five-minute break and we'll come back.

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Everybody will take a five-minute break and we'll come back and knock these cases out.

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Thank you.

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Good afternoon, everyone.

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

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With me is our Vice Chair, Ismael Shahid.

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Present, Mr. Chairman.

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Our board member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our board member, Tanetta Graham.

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Present, Mr. Chairman.

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Our board member, Michael Johns.

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Present here, Mr. Chairman.

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And our board member, Iwin.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney,

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and Kathleen Grady, the Deputy Director for Zoning and Planning.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting Kathleen.Grady at phila.gov.

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For a court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To an interference statement, call 267-270-5548.

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Leave your email address and address the property in question.

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The question box on the screen is not for testimony.

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All comments should be directed to our Deputy Director Kathleen Grady.

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Let's look at our schedule.

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Number one, MI 2024-001-895-1200 Alcott Street. That case has been continued. First listing.

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Number two, MI 2024-001-897-2614 Pine Street. That case is continued.

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Number five, MI 2024-001-934-4313 Lancaster Avenue. That case has been continued. Council

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member got the a um is is sanya bookin book in here or the listed applicant fantastic futures

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listed owner

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does anyone hear from that case 43 30

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Does anyone hear from that case? 4313, Lancaster, out.

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So, I'm sorry, Mr. Chair, I do not see any hands raised for that, and I do not see anyone answering to those names in the audience.

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So, MI 2024-001-934, this is the first listing. Case has been continued.

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Number seven, MI 2024-001-938-2091 Bridge Street, that case is continued.

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And number nine, MI 2024-004-348-2350 East Albert Street, that case is continued.

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Are there any other requests for continuance?

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Mr. Chair, this is Jason Hand.

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I will be the co-host for the evening.

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I do not see any further hands for continuances.

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And number three, MI 2024, 001-898-966 Wakeling Street.

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Leonard D. LaCruz is the listed owner, and Agostini Marino is the listed applicants.

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This is a pro se. No exhibits. This is the first listing.

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Mr. Daley Cruz.

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Mr. Chair, we did receive a partial exhibit packet very, very late today.

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Okay.

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So we, you know, we are not able to move ahead with this case, but I just wanted to note that for the record.

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Is there anyone in the audience with their hand?

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Yeah, I see, I see Augustina Moreno.

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I don't know if the property owner is here,

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but I believe the property owner will need to present the case when it's time.

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But we can bring on the person who has raised their hand.

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Augustina, could you please state your name and spell for the court synopsis?

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Augustina Moreno.

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A-G-U.

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Go ahead.

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A-G-U.

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S-T-I-N-A, Moreno, M-O-R-E-N-O.

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Okay.

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So we did not get the exhibits too late today.

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When this case is going to be continued, when it goes forward, the listed owner will be the one who will testify, okay?

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Okay.

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So, case number MI2024, 001-898-966 Wakeling Street.

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The case is continued.

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If you have any questions, please call the office and we'll help you with it, okay?

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So, how do we know the next continuing state?

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We will send you information about it.

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Thank you.

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All right.

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Thank you very much.

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All right.

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We're going to go to our first list, our first case here.

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MI 2024-001-935-4472-Fleming Street.

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Thomas Least is the listed owner.

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It's a pro se.

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There's a letter of support from the Central Roxburgh Civic Association.

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They are coming back in now as a panelist.

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Okay.

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Good afternoon, sir.

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