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Hearing video

ZBA Hearing - September 30, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 30, 20266h 10m

craig maladocian you're muted can you unmute yourself please

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all right i'm unmuted and my video is on all right craig could you state your name and spell

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for the stenographer yes craig c-r-a-i-g last name melidosian m-e-l-i-d-o-s-i-a-n all right do

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you swear or affirm to tell the truth the whole truth nothing but the truth i do chair bergman

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please proceed with your presentation first personally it's unfortunate that this type of

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problem which is across the city brings us together in this manner today that wasn't part

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of my uh prepared piece which i'll give you which is approximately 500 words i i wanted to thank

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ron for the kind words you'll always soften up the adversary ahead of time but i i can say the

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same thing for ron he's been a friend an absolute gentleman and a leader in this industry so thank

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you, Ron. Thank you. And do understand that though I have personal opinions, I'm part of a consortium

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or a team. Team makes a decision and that's the direction we go in. There's no time or place for

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autonomy and action within this organization. There were in fact five RCOs that took part in

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the meeting with Ron on the 23rd. Four of them were jurisdictionals that he mentioned,

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And the fifth was a member of the consortium, but not jurisdictional to this case, Empowered CDC.

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In terms of the introduction, I am here representing the Southwest Philadelphia Consortium of RCOs.

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And with this appeal, our five distinct registered community organizations.

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Thus, I'm here to express our opposition in this matter for seeking zoning relief.

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Our core legal issue is the failure around the Code Section 14-603.

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The Advance Auto Parts Team has the burden to prove this use will not cause injury to

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its neighbors who are residential, commercial, and municipal or generate street congestion.

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We do not believe the Advance Auto Parts Team can readily overcome such a burden given they

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are not directly in command of the necessary enforcement tools to stop illegal auto repairs

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on the subject premises, let alone the adjoining municipal properties or the immediate neighboring

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streets and highways. An auto parts retailer is not a standard retail store. In southwest

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Philadelphia, these stores function as an extreme attractant for illegal, unregulated

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shade tree mechanics performing vehicle repairs on the retailer's parking lots and on our adjacent

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streets the hard facts are advance has been an operational failure not type of not a hypothetical

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worry many of us have personally witnessed over the course i'm going to object to his speculation

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statements globally i i i withdraw it let me continue hold on hold up i mean he's testifying

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so let's let him continue i know okay okay before i forget uh many of us and i i will

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i'll say i have seen what i believe to be a lack of good stewardship

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on their current sole tenant site at 2210 Island Avenue.

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on their current sole tenant site at 2210 Island Avenue, only eight-tenths of a mile north from their proposed site at the northeast corner of Island Avenue and Lindbergh.

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Despite having total control over 2210 Island Avenue, the Advance Auto Parts team has been unable to stop illegal repairs and the abandonment of associated hazardous waste products on their lot and on the conjoined premises immediately to their west.

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Additionally, Advance's competitor, the AutoZone at 70th Street and Elmwood Avenue,

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experiences the same industry-wide parking lot public nuisances,

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which routinely exhaust our 12th District Police resources.

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The illusory towing promise is that Advance Auto Parts team promises to use private towing to solve this.

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But under the Philadelphia Code Section 9-605, a private tow truck cannot legally touch a vehicle until a police officer first physically tickets it.

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Through the years, we have experienced the 12th Police District's inability to provide timely response for private parking lot enforcement or the cessation of associated illegal repair work.

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Therefore, the Advance Auto Parts team tolling promise is legally hollow and will be frequently

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unenforceable.

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If an exception is granted, the zoning runs with the land, leaving the community permanently

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confronted with a very hard to police hazard.

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That initially is why the consortium only considered a time-limited proviso, time to

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the first term of the lease, which the owner disclosed to us as being 10 years.

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In closing, we respectfully ask the ZBA to deny this special exception.

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Alternatively, if the Board is minded to grant zoning relief, we ask that you hold the decision

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until Advanced Auto Parts Team and its lessor sign a legally binding community benefits

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agreement with the community through our consortium and the District Council

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office. The CBA was previously given to Mr. Patterson as he acknowledged in his

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testimony. Additionally, we request Advance voluntarily implement in our

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community Advance Auto Parts corporate philanthropy programs that they make

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available elsewhere nationally, which we believe they have not done in Southwest

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Philadelphia. Our Southwest Philadelphia community and the consortium thanked the

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board for their client consideration and I would just indicate we did submit it

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with the count. I personally supported this application with proviso. Three of

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my cohorts which I've worked with through the years opposed it and the

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fourth cohort since they weren't jurisdictional abstained. I guess the one

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message I would leave with you, the board, as I'm going to say friends and we have a strong

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relationship with the executive branch of government. This is a problem that needs to be

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cured, not at this location, but citywide. We need stores like Advance and I know that you worked

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with Darwin Beauvais on an AutoZone and approved it on Allegheny Avenue, as well as the one that

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you work with on law, and I'm referring it to as Swanson Street as an advance. And personally,

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I'm happy that you did that. This problem is not isolated to the Southwest Philly.

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I've driven by the lot. There's another retail outlet at the Baltimore Avenue Shopping Complex

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at 58th and Baltimore. It also goes on in South Philly. What I would tell you is if you drive

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out of the city into Delco on Baltimore Avenue, it does not happen in Lansdowne, a block or two

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away from the police station. It does not happen in Ridley Township, where both firms are located

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on McDade Boulevard. It does not happen on Chester Pike and Glen Olden, which I think

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the Derby Township police. So what I would ask you to take back to the mayor, as the head of

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the executive branch of government, we need to put together a program that effectively addresses the

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property, employing tools available to us through the Department of Commerce, through L&I, and through

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the police department. Until we can network a comprehensive program, we're going to have this

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problem all over the city. We're going to lose opportunities to have companies like

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Advance come into the area who are economic magnets for our shopping center and businesses

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on two sides of the street. And I would indicate I started working with Darwin on

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And I would indicate, I started working with Darwin on an AutoZone project for 2512 Island Avenue back in 2024.

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There was a change in legal representation in 25, which went to Pritzker.

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I consider both of them to be excellent attorneys and you're familiar with them.

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The neighbors were absolutely livid with the thought of this, something like this coming up the street at what was Island and Elmwood.

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And we had one of the worst in-person confrontational community meetings I've ever participated in.

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And Ron can tell you, we've been doing this for more than 25 years.

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So we need to find a way to pull together our community, put an end to this.

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And the reason I raised the issue of AutoZone at Island in Elmwood was the owners of an investment group became so upset with the lack of ability to knit together a comprehensive plan, they sold the property.

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I'm now dealing with the new owner who will be making settlement in December, and his proposal is less desirable than an auto parts store.

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So I would ask you kindly, please, to take back the message to the mayor. We need to come up with a plan. I've reached out where I can. I've spoken to John Christmas about going to the PPA to bring them into the network, but we will not be able to solve this for the betterment of the city until we work together.

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And I would simply say, God knows we need the tax revenue and the other associated income coming into the city's revenue stream to keep this city going.

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Thank you kindly. I appreciate the board listening.

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Craig, hold on one minute. Do you have any questions or comments to Craig?

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So I'm going to take what Craig has said as his testimony.

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And now I have no questions for him.

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I just want to put the objections on the record respectfully that I object to the comments about alleged activity because there's no evidence that was introduced here today.

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And I object to any legal conclusions made in the statement.

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Okay.

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Thank you.

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Is there anyone else in the audience?

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I see no hands.

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Planning Commissioner.

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good evening liz fusely on behalf of the philadelphia planning commission

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comprehensive plan recommends no change to the ca2 auto oriented commercial 2 zoning at this

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location this property has historically included a variety of big box auto oriented uses the use

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will have no detrimental impact on the neighborhood beyond what might be expected

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The City Planning Commission recommends the board grant the proposed special exception for vehicle equipment and supplies, sales and rentals in an existing structure.

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So, Ron, there's been a lot of comments about this.

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I'd really like to have some time to talk.

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Absolutely, I understand.

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I want to hold it for two weeks.

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Okay.

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That's the 14th?

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Correct, it's the 14th.

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And we'll probably vote on this one 2 p.m. on the 14th.

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Okay, I expected that.

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And I'll take it back and we'll have a conversation about where we stand.

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Okay.

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other than that it's closed right except if we hear something from you okay correct thank you

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very much thank you everybody okay thank you all right uh is there anyone um in the audience from

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the two o'clock list who case is not being heard there are no hands why don't we take

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five minutes and we'll be right back right five minutes

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somebody when there was a fire apocalypse well yeah but it's where everything to take is

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all right we need all right we get cheryl you're back i see michael

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so we here we go no yeah here we go

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cheryl's cheryl walked away a minute she's got her one michael's there

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so we we got enough people right okay good afternoon everyone my name is bill bergman i

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will be chairing this meeting with me is our vice chair tenetta graham president mr chairman

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our board secretary cheryl gaston is here she just walked away for a minute

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Our board members, Michael Johns.

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President, Mr. Chairman.

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Ty O'Wynn.

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She's here.

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Ryan McAdams.

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President, Mr. Chairman.

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And Layla Beebe.

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President, Mr. Chairman.

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Also here is our board attorney, Lynn Reuter-Huber,

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our executive director, Ian Haggerty,

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and our board administrator, Lakeisha Dandy.

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The hearing is being recorded

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recorded and will be posted on the ZBA website by participating, you consent to be recorded.

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and will be posted on the ZBA website

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by participating...

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This is an in person meeting with remote participation, whether in person or on zoom.

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If you're a call to speak, please state and spell your name, then wait to be sworn in.

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After that, every time you testify, start with stating your name to enter an appearance,

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identify their property address in your zoom webinar speak with the staff member

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call the ZBA office by close of business tomorrow 215-686-2429 and write them with your name email

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and the case and the case address remote participation raise your virtual hand when

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directed so we can call you to speak when we call on you um make sure that you click the join as a

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panelist button use the q a only for procedural questions not the cases themselves and if you're

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joined by it and if you are joining by phone press star 9 to raise your hand and star 6 to unmute

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let's see what our schedule looks like this afternoon i'm present mr chairman oh we i told

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him you were here i i was no doubt in my mind of course all right so number one mi 2024 007

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246 30 43 germantown avenue claude page is the listed owner this is the fourth fourth listing

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um could we see if mr page is here

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do we see anyone

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there are no hands here okay so MI 2024 007 246 3043 Germantown Avenue

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fourth listing i vote to dismiss michael johns my vote is to dismiss

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cheryl gaston my vote is to dismiss tennessee graham my vote is to dismiss ryan mcadams my

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vote is to dismiss layla bb my voters to dismiss thank you number two mi 2025 007892 403 north

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41st street um donna don lay uh tien is the listed owner this is the second listing uh we have no

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exhibits there are no hands and no one by that name in the audience chair so my 2025 007892 403

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north 41st street i vote to dismiss michael johns my vote is to dismiss gerald gaster my vote is to

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dismiss sanetta graham my vote is to dismiss ryan mcadams my vote is to dismiss i win my vote is to

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dismiss layla beebe my vote is to dismiss so number four mi 2026 002 288 2866 north stillman street

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um Tyrell Green is the listed owner um and also the applicant is Frederick Murick mural mural

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this is the first listing we have no exhibits there's no one in the audience by that name and

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So this is the first listing. So MI 2026-002-288-2866 North Stillman Street. This case is continued until 3-3-27 at 3-30. Mark must be heard.

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and then number five mi 2025 000 792 2061 bybury road this case is continued until 3 3 27 at 3 30

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p.m is there anyone else in the audience whose case has not been called

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well i know there's not um no man okay thanks everybody um next week we're tuesday and wednesday

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both can't wait and we did get done a reasonable time tonight so i i appreciate everybody's work

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and i like the way the new list is put together every numbers are right in a row so it's really

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good. And I thank Ian for that. He does great work. And see everybody next week. Thank you.

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I thank Ian for that. He does great work. And see everybody next week. Thank you.

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Thank you.

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Night-o-o.

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Thank you.

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