civus
Hearing video

ZBA Hearing - August 2, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 2, 20234h 35m

Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning.

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Hold on, Mr. Chair.

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The attendees are just coming in.

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Okay.

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I thought you said they were on.

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I'm sorry, Chair.

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No, it's okay.

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Fine.

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Okay.

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All right. We're at 40 attendees, Chair. You can proceed as you wish.

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Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman, is struggling to get in.

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Mr. Holloman.

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And our alternate Board Member, Emily Persico, from Development Services.

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Present, Mr. Chair.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's our virtual format.

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Be advised, the proceedings are being recorded.

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Video will be available by contacting tanyasunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and address the property question.

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And finally, the question answer box on the screen is not for comments or testimony.

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All comments should be directed to our executive director, Tanya Sunkett.

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let's look at this morning's schedule number eight mi 2023 000 901 1402 wharton street

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that case is continued are there any comments relative to that case

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good morning chair this is jevette benton i'll be your co-host for today

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We have a caller with the last four digits, nine, one, seven, six.

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I'm sorry.

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I'm sorry.

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This is Tanya Yvette.

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I hate to interrupt, but that's Mr. Holloman.

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Okay.

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All righty.

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I'll change the name.

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Okay.

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Chair, we have no one else's hand up at this time.

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Okay.

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Are there any other requests for continuances?

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chair we have uh Leonard Reuter with his hand up okay good morning Mr. Reuter

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good morning why could you state your name for the record please

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for the court reporter sure Leonard F. Reuter R-E-U-T-E-R senior attorney for the city of

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Philadelphia right do you swear for him to tell the truth the whole truth and nothing but the truth

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I do. Is this about case number 11? I believe so. 2940 East Tioga.

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Let's see here. Yes. Is Mr. DeMarco on the line?

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Chair, I have a mute. Mr. DeMarco. Thank you. Mr. DeMarco, could you state your name,

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please, and spell for the court stenographer? Sure. Good morning. Richard DeMarco,

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last name d-e-m-a-r-c-o right do you swear for him to tell the truth the whole truth and nothing

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but the truth i do leonard why don't you go first sure um this uh morning i discovered that there

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was a problem uh with this this is an appeal from a zoning violation so it's a an appeal against l

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and i um what i had discovered and it's it's it's my fault entirely that i didn't learn

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discover it sooner is the violation at issue in this that that's the subject of this appeal was

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actually marked complied but that was we believe that was done in error and in fact the very same

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day it was marked complied a new violation was issued I'm not sure that Mr. DeMarco's client

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got that but I just provided them with copies of the new violation that was not appealed

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uh technically it's too late to file that appeal but i would leave it to the discussion of the

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board whether they would accept i wouldn't oppose a a non-protunk appeal uh the question i have is

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whether because this violation was marked complied uh i don't because the way the eclipse system

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works i don't know that if the regardless of which way the board goes on the underlying facts

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I don't know what impact, if any, it would have on this actual violation in the Eclipse system. I think they actually have to file the appeal under the new violation, and we would have to proceed with that at a later date.

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under the new violation and we would have to proceed with that at a later date i'm kind of

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not i'll be honest with you i just want to present this to the board because um i and i would leave

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it up to uh the board or or miss sunk uh mrs sunk ms sunk and ms uh emerson to determine what would

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be the best way forward um and again i apologize to everybody uh but it's just it's just a weird

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situation. Normally, I would say, let's just go forward with this appeal, and then we'll just

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apply whatever the decision is to the new violation. I just don't think that's possible

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the way the system is set up, but I could be wrong. So I had a quick conversation earlier

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with Hillary about this, and we think we should continue this case and try to work it out and

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see where we stand with it. Mr. DeMarco? I mean, I'll do whatever the board wants.

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i i i from what i can see in the few minutes that i had to look at the new violation that

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we were not served um i guess a continuance is i'm not going to be upset about it but

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yeah it seems to be identical so i'm very confused yeah again i i like i said i i it

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i don't want to here's if i may let len if i may i don't want to i don't know why i'd have to file

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another make the client pay another fee for an appeal when it's the identical violation that

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is under appeal i mean if there's a way to do it let me let me say this why don't we do this why

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don't we figure this out we don't have to debate this yeah i don't know why don't we just continue

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yeah that's what i was gonna say yeah because the the current appeal is tied to the violation

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that has now been closed so we need to we we need to address that and we can discuss issues related

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to fees and such um you know off offline so why don't we continue this and we can work it out

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yeah i'm just going to just let everybody know i'm going to ask that the fee the appeal fee be

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waived in light of the mistake by the city okay so thank you yeah mi 2023 003050 2940 east

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Tioga Street, the cases continue. Thank you. Okay, thank you. Thank you. Thank you, everyone.

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Thank you. All right, so we're going to go to cases that we do not have exhibits for.

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Number one, MI 2023-000966-2943-45 Ridge Avenue. Akbar Brown is the listed owner.

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Ambrose Chukwana is the listed applicant. No exhibits first listing.

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Chair, I see no hands at this time. MI 2023-000-966-2943-45 Ridge Avenue. That case is

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discontinued. Mark must be tried. Number two, MI 2022-007-379-3695 Kensington Avenue. No exhibit,

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second listing. Louis Garcia is the listed applicant. Paul Strauss is the listed owner.

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chair i see no hands at this time okay um mi 2022 007 379 3695 kensington avenue

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this is the second listing i vote to dismiss

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ishmael shaheed my vote is to dismiss

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Emily Persego, my vote is to dismiss.

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Thank you.

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Number four.

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MI 2022-004-030-9311, Voight Slane.

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Yannick Patel, Bhaskar Patel, Amala Patel are the owners.

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Pro se. No exhibits. Third listing.

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Chair, we have someone by the last name O'Hara with their hand up.

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They've been unmuted and allowed to speak.

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

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Yes, sir, Mr. Chairman. Jack O'Hara, O-H-A-R-A.

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I am the president of the RCO, the Greater Boston Civic League.

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All right. Do you swear or firm to tell the truth, the whole truth and nothing but the truth?

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Yes, I do.

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Proceed, sir.

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The notice I received, there's not a posting on the property for this hearing.

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This is the third continuance, I believe.

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A lot of back and forth between the applicant and the RCO regarding their presentation to us.

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A letter I sent yesterday explaining the history is a little bit confusing, but they began a presentation and then withdrew it, saying that they would come back with revised plans.

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A letter I sent yesterday explaining the history is a little bit

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A lot of back and forth between the applicant and the RCO. None of that occurred. New plans were never received. A presentation and vote never occurred at the RCO.

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Thank you very much. Hold on one minute. Janak Patel, Vaskar Patel, Mala Patel, the owner's applicants, are they present?

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Chair, I see someone with the last name Patel. They just put their hand up.

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Okay.

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They've been unmuted, Chair.

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Hi, could you state your name, please, as well for the court sonographer?

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Yes. My name is Bharat Patel.

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Please spell your name for the court reporter.

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B-H-A-R-A-T.

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Okay.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, sir, I do.

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You're a neighbor in this case, am I correct?

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That is correct.

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Okay.

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So I still need to see if the owners are here.

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Janak Patel, Bhaskar Patel, or Mahala Patel, are they present?

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i'm sorry cheer this is tanya that was patel it appears yeah but he's the neighbor okay

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iraq patel is a neighbor am i right mr patel

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okay so mi 2022 004 030 93 11 voids lane this is the third listen we should not have exhibits

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I vote to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Emily Persico, my vote is to dismiss.

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Thank you.

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Number six.

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MI 2022-007-383-1440 Hellerman Street.

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Enaldo Valentino is the owner pro se.

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No exhibits, second listing.

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Do we see an owner?

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I'm unmuting them now, Chair.

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Pardon me?

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I'm unmuting them now.

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Okay.

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Good morning.

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This is Enaldo Valentino.

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Hi, could you spell your name, please, for the court report?

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Sure. First name, E-N-E-L-I-D-O. Last name, Valentin, V-A-L-E-N-T-I-N.

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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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Sir, we do not have any exhibits from you, and there's no record of an RCO meeting. Am I correct?

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I do have an exhibit. I located a permit which was issued in the 1940s, which is so-

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Yeah, but I mean, what I'm saying, sir, we have not received anything from you.

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Okay, that's correct, yes.

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All right.

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And you have not had RCO meetings as of yet, right?

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Am I right?

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Yes, that's correct.

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Because somebody came over my house, my property, and they inspected it, and they saw that it was properly divided into two units.

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So here's where we are.

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I'm going to continue this case.

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You have to be ready for the next hearing.

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And you have to have an RCO meeting, et cetera.

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If not, we're going to dismiss it.

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So MI 2022-007-383-1440 Hellerman Street.

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Case is continued.

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Mark must be tried.

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Okay, sir?

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May I ask you a question?

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Sure.

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How do I submit an exhibit?

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I'm sorry, Chair.

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Go ahead.

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Mr. Valentin, if you can reach out to our office where the documents came to you in the mail, we'll assist.

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Thank you so much, Chair.

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Okay. Thank you. Thank you, sir. All right. Is Thomas Holloman on?

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Chair, I'm not sure if he's on or not. I see his name, but I don't know if his phone number is here.

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Okay. Mr. Holloman?

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Mr. Holloman, if you're on, could you please raise your virtual hand, please?

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chair there are no hands up at this moment okay so what we're going to do is we'll hold off on

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the add-ons we're going to go to our regular list first okay okay all right number seven

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OK. All right. Number seven. We're going to start with number seven.

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we're going to start with number seven

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it.

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MI 2023-000970-4200 North Street.

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Ken Ong is the owner applicant.

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Mr. Ong? He's coming back in as a panelist now, Chair.

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Thank you.

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chair if i may this is tanya just a wee bit of housekeeping at the moment

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you most certainly and mr holliman i'm going to unmute you and see how it works

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good morning mr holliman

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patina could you check and see if you have a hand for

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mr halliman yeah i see no hands at this time on panelists or attendees wait a minute something

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just came up that would be him okay unmute and make sure he works sure mr halliman are you able

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to hear and speak yep perfect okay we will mute you until it's time for you to speak

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chair thank you very kindly so why why don't we do this let's go back to tell mr

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Mr. Ong will be with him shortly. Let's go back to our admins and take care of them, okay?

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