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Hearing video

ZBA Hearing - September 23, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20205h 18m

But that is not what the highest and best use determination of the appraiser was and the information and research that Mr. Schenck has conducted since becoming the executor and now trustee that owns the property.

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the highest and best use isn't a standard applied to zoning variances though that's why i'm asking

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if you'd be willing to go back with a different idea and plan to fox chase if not that's okay

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it's just something i'm throwing out to you mr shank is available he is he cannot meet himself

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and be sworn in if you wish him to speak okay uh miss hart miss hart miss alice hart use would

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you like him to speak um i'd like to finish and then let him you may ask him questions after i

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bring him on to uh adopt my testimony so far okay great thank you um i left off with the

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present use rendering the property one-third useless and the fact that this is an area that's

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not desirable to medical professionals or at least the current floor plan is undesirable to

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medical professionals and as a vacant property it invites vandalism. The next least offensive use

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is residential and if the variance is granted it will not change the essential character of the

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neighborhood as the predominant use is residential it will not impair the

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adjacent property which is also a duplex and that's the property to the south at

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this point i would like to ask the board members if they have any questions of me

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and if the board does the board have any questions no no

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okay in that case if we could bring on my client that would be great that would be great

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miss sunkett yes he's available he just he's needs to unmute himself and wait to be sworn

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okay great are you able to do that chris

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Chris you can unmute your mic

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no response chair

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are you having difficulty it's at the lower portion move your cursor to the lower portion of your

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screen, Chris? Can you hear me now? Yes, we can. Can you put your name and address on the record,

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please? Yes, my name is Christopher Schenk, S-C-H-E-N-K. My address is 3234 Stonegate Drive

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in Huntington Valley Pennsylvania 19006 thank you and do you swear or affirm to tell the whole

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truth and nothing but the truth I do okay you may proceed Mr. Shank have you heard my presentation

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to the board this morning have you been online and listening yes does it what I have said is it

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true and correct to the best of your knowledge? Yes. And do you adopt what I have stated as if

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it were your own testimony? I do. Now there's a question that Vice Chair Tenori has asked about

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perhaps expanding one of the units so that it would include the lower level or the ground floor.

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Is that something that would be possible?

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I guess you could possibly do that. Yes, the addresses are, one is on Ripley Street, the doctor's office that is the unit in question.

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I guess you could possibly do that, yeah.

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And the other one is on Bree Road, up a set of stairs, going into the first, you walk in and there's an immediate middle unit stair there, and then another set of stairs above.

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All the units do have separate utilities, heating, plumbing, electric, and whatnot.

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but I'm sure anything could be possible.

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I guess you would have to convert the middle unit

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into the first floor unit somehow with a staircase.

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Mr. Schenck, it's clear this is not something that has been

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in your envisioning of how to deal with this property

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and your role as executor and now trustee is that fair to say yes that's correct so it's hard for

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you to assess on the fly whether or not that would be even a possibility um or even make sense or even

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marketable because you don't you don't even know what the fair rental might be for that kind of a

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unit? I don't. And it would take a bit of engineering and forethought and a lot of

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design and engineering. And is it fair to say that as is if that first floor, which is a doctor's

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unit, doctor's office, were to be converted to a two-bedroom, one-bathroom apartment,

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that would be something that would be easily accomplished and make that unit available

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desirable and rented out in a short period of time yes yes that could be done and

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quite easily and it's your understanding after talking with the um rental agent that there's

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short supply of a part of housing of this cat character in the fox chase community uh yes

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there's quite a demand for for uh apartments in the fox chase area right now i have no further

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questions okay does the board have any questions no no no

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Did we get the position of the RCO on the record?

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Yes, Ms. Hart, you said that it's Fox Chase and they they oppose.

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I'm sorry, their letter does appear in the exhibit packet at Exhibit J.

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okay i'd like to hear from the planning commission

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yes brian winnick city planning this property is zoned for single family residential use

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um the applicant has not provided um a hardship uh for creating an additional unit out of the

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commercial unit therefore we are opposed to the granting of this marriage

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calendar number mi 2020 000 215-7956 burree road apartment 2. my vote is no my vote is no my vote

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is no thank you i'm going back to 445 green lane calendar number mi 2020 000 235

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is there anyone here on that

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no hands are up

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they weren't here earlier when we called it um i have a catherine

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you can unmute yourself and speak to this case

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hello yes catherine are you an attorney i am not okay this is an application

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Okay, this is an application for a permit for two off-street parking spaces for a single-family detached dwelling.

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for a permit for two off-street

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Can you put your name and address on the record, please?

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My name is Catherine Sikora.

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My address is 445 Green Lane, Philadelphia 19128.

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

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I do.

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Thank you. You may proceed.

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okay so I'm gonna start with I we provided sorry I'm sorry one second this

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is Sharon's letter before you proceed I don't have your exhibit packet did you

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submit it I did I did I found the system somewhat frustrating in that ice and

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then I couldn't figure out how to reach out to you folks I submitted last

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uh wednesday or thursday okay i will who did you submit to uh the emails that they gave me on the

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page all righty do we go forward with this sharon or wait um yes you can go forward with it and i

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will in the meantime see if i can locate the exhibits is there a phone number or something

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that i can reach out to someone but we do need the exhibit packet right i understand that and

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that's apparently a problem ms sunken no there's not a phone number i didn't sharon can look for

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the can find the exhibit package um then she can determine if we should go forward okay the only

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Anything I've been able to find is a September 3rd email from Ms. Sikora asking about the

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link to the tax certification and asking a question about the posting.

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I don't have anything after that.

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No, I got that and I incorporated it into the package.

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And you emailed, you copied me on it.

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I don't have it.

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that's why i asked where did you send the exhibit package um i can go look on through the pages but

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they were given two names um are kozoba and sule ta that's her tanya sule no it's not it's that's

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s-u-l-e-t-a-z-b-a yes that's right yeah so i sent everything to those two emails

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one of them came back um but the other i went through so it's your call sharon i'm fine with

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it okay um why don't we do this if you could present your case and hold the vote for a week

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just to confirm that we have the exhibits that we need.

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Okay.

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We can do that because here's the other problem.

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I've never done the Zoom thing, so it's a new experience.

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And what I didn't realize is I was counting on you folks having the documents

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since I didn't prepare any to present.

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So I could talk about it or we can put it off.

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i would like to get it over with frankly

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sharon do you think we should continue this

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we aren't if if we're only continuing it for a week we aren't going to be able to put the entire

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um case on next week it would be a later date is that correct tanya

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miss sunkett yes that's correct i might think this should be a fairly short one it's not an

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elaborate discussion i know but we do need the exhibit packet right i would be able to email

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that to the board once i locate it if um you want to go forward with the with ms okora's presentation

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and it wouldn't be um leaving the record open it would be determining that you already have

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what's required in the record and then you can vote next week how about this would it be okay to

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move this to 2 p.m.? Oh, that's a great idea. Great idea. Mr. Kerr, would that accommodate

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your schedule? If we move this to 2 p.m., have you present the first case and as long as we

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find your exhibit package? Sure. So, do you want me to try and resend? Yes, that would be wonderful

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if we can get the exhibit package and then at 2 p.m., you log on again and we'll hear your case

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first. Okay. So to who? You can send it to T-A-N-Y-A. Wait. T-A-N-Y-A. Right.

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Wait, T-A-N-Y-A dot S-U-N-K-E-T-T.

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And Ms. Sakura, I believe that we have your cell phone number, that it was in your earlier email, so I will call you before 2 o'clock to confirm.

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Okay.

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Yeah.

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This is at phil.gov, right?

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Correct, Ms. Sakura, correct.

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And thank you so much for your understanding.

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Sure.

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thank you thank you everyone that concludes the 9 30 hearings does it i don't think so

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no one we had to go back to or no you did that one i don't think so okay i think that was green lane

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okay sounds good okay i'll see everybody at two o'clock thank you all

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see you too thanks everybody see you then thanks

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tanya i'm here we'll wait for you to give us the green light yes thank you

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Thank you.

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Thank you.

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okay chair ready when you are

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Thank you Tanya. Good afternoon everyone.

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You got to mute yourself Carol. Thank you. Good afternoon. My name is Frank DiCicco.

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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 Vice Chair Ms. Carol Panieri. Board Secretary Confessor Plaza and board members

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Mr. Thomas Holloman and Mr. James Snow. Board Administrator Tanya Sunkit and

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Board Attorney Sharon Saleta are also in attendance. For those of you who have

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yet haven't yet participated in one of our virtual hearings, I will go through

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some of the basics you can expect. First, we will be administering oaths to

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individual participants prior to the testimony. Second, for the benefit of

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anyone participating by phone, we ask that attorneys and witnesses identify themselves

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prior to speaking or testifying. Third, we'd like to advise everyone that this proceeding is being

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recorded and that by participating, you acknowledge your agreement to be recorded.

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Fourth, for anyone participating by phone, if you wish to testify, you must raise your hand

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by hitting star nine and then star six to unmute yourself.

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I'll repeat, for anyone participating by phone,

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if you wish to testify,

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you must raise your hand by hitting star nine

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and then star six to unmute yourself.

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Finally, to enter an appearance statement,

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call Google number 267-270-5548

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and leave your email address

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and the address of the property at issue.

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I will repeat that as well. To enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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With that said, we will begin, but before Vice Chair Tenere calls our first case, we'd like to ask if anyone is requesting a continuance or whatever.

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We'd like to ask if anyone is requesting a continuance or withdrawal to be heard this

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afternoon.

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Please raise your hand to be identified if you wish to ask for a continuance or a withdrawal.

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Here we have David Orfanides.

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Mr. Orphanides, you can unmute yourself to speak to a continuance.

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Can everybody hear me?

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Please identify yourself.

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Okay, great.

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Yes, David Orphanides from Orphanides & Toner, 2 Penn Center, 1500 John F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.

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David, can you spell your last name for this?

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Orphanides.

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Orphanides.

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Orphanides.

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Orphanides.

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tell the truth the whole truth and nothing but the truth i do sir thank you please proceed

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sure i have uh three cases that are scheduled for today that i'd like to request a continuance for

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um one is 1008 brandywine which is mi 2020 000454 okay give us a second we you know what page that

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or what number 12 number 12 yeah that would be helpful that's okay hold on please david do you

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want 13 also is that 10 10 yes yes those two are both they're with the 14th democratic ward

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executive committee and we um we weren't able to meet with them before today's hearing so

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And the other case that you want, and then I'll read them into the record.

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Number 13.

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12, 13, and?

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And then 1121 to 29 North Front, which is MI2020000973.

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You might have it as 1123 to something.

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Yeah, we actually go by page number now.

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Number 14, Chair.

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Thank you, Tonya.

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Sorry.

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All right. So 12, 13, and 14. Okay. All right.

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Freeing up your afternoon.

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All right. The following cases are going to be continued.

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MI-2020-000454-1008 Brandywine Street.

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MI-2020-000458-1010 Brandywine Street.

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MI-2020-000973, 1121-33 North Front Street.

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Those three cases will be continued.

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That concludes my business, May.

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Yes, thank you.

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Thank you.

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Thank you.

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Any other requests for continuances or withdrawals?

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Here we have Timothy Lee.

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Timothy, you can unmute yourself, wait to be sworn in, and speak to a continuance.

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Thank you.

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Good afternoon, Mr. Lee.

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