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Hearing video

ZBA Hearing - May 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 7, 20255h 57m

Henry, could you start the meeting off by telling us what happened at the meeting?

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Sure. The meeting was conducted by Angel Cruz, former state rep up in that neighborhood at 3500 Block B Street.

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We sent out the letters. We appeared. There was one other RCO there.

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State Representative Guerrell was there, G-I-R-A-L, as well as Mr. Cruz.

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And that's all the people that attended the meeting.

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I've communicated to Mr. Cruz about the process, which he knows about, and he was supposed to send a letter in.

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But evidently, I haven't received it, and I know you haven't received it.

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Okay.

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Please proceed, sir.

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So, Table of Contents A1 through A10, this is a relocation of lot lines case.

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We're not asking for any structure or building on it.

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It's simply breaking up one large piece of ground that goes from 2nd Street to Pailthorpe Street into two separate parcels.

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The refusal, RSA 5, the refusal concerns lot size and width and also lot coverage.

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But when I show you the aerial photograph and the subdivision plan, it'll bring it more into focus as to why the refusals were generated.

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all right so pale forp is where my cursor is

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All right, so Pailthorpe is where my cursor is, 2nd Street, my cursor.

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So this is one contiguous lot, and the request is to break it up into one parcel on 2nd Street, which contains a single-family home, and one parcel on 2nd Street, which contains a garage.

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Just another view, closer.

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Again, Pailthorpe appears to my right, 2nd Street to my left.

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And this is a single-family house with an existing yard between the property and the garage.

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A view of the house, three-story house on 2nd Street, and a view of the one-story concrete garage on Pale Forb Street.

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Zoning notices posted.

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Plans.

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So on the left-hand side, again, this is the existing lot, goes all the way through from

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2nd to Palfor. On the right-hand side is the breakdown. It's going to be Parcel B and Parcel

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C. Parcel C will be the garage. Parcel B will be the remaining house. And again, there's a rear yard

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of about eight feet wide or so in the back that will remain.

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So we're not really doing any construction, any work.

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There's no proposal for a single family home or multifamily.

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It's just take the existing lot as it appears,

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split it into two, single family and a garage.

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To my understanding is that the gentleman

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that is occupying the garage, I'll go back to that,

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wants to purchase the garage.

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And that's the reason for the subdivision. And if the board grants it, then we'd have to get addresses, a new address for the garage on on Palforpe Street.

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And that's that's basically it. I don't want to overdo it, but it's very direct presentation.

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The rest of the documents, there's a balance due.

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It's due December 25th, so he's basically current right now.

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Zoning map, again, showing the through lot from one street to the other.

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RSA 5 zoning district.

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The deed indicating ownership.

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Gentleman has owned the property, Mr. Downing, since 2006.

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notices that went out to everyone in the neighborhood within 250 feet of the subject

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property mailed out the mailings and that's the presentation so we're not affecting any light or

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air all the status quo remains but for the fact that there's going to be a a line of demarcation

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between the house and the garage.

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And I can ask Mr. Downing

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or Mrs. Downing to unmute herself

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and I'll ask the client

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to adopt my testimony.

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Mrs. Downing, can you unmute yourself?

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I think she has to help her husband.

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I did.

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Yes.

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Could you please state?

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Okay.

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Sure.

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State your name.

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All right.

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State your name.

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Tom Downing.

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So he had a stroke,

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so I speak for him.

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some, John Downing, J-O-N-D-O-W-N-I-N-G, and I'm Judith Downing, J-U-D-I-T-H-D-O-W-N-I-N-G.

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I could, do you swear or affirm to tell the truth, told truth, nothing but the truth?

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Yes.

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Thank you.

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Please proceed, counsel.

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Thank you, Mr. Chairman.

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Mr. Downing and Mrs. Downing, you were on the Zoom call when I presented your project

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to subdivide your existing property into two lots.

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Yes.

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Yes.

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And if you had the opportunity to testify, Mr. Downing, would you adopt my testimony as your own and as true and correct?

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Yes.

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Yes.

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Thank you very much, Mr. Downing.

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Questions from the board.

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Questions or comments from our attorney?

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No, Chair.

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Questions or comments from the virtual audience?

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I see no means at this time, too.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no changes in the property.

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Motor repair and garage work on this property for the garage,

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dating back to at least the 1950s.

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the planning commission recommends that the board deny the requested variance for rear or depth

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occupied area and subdivision on the basis of use mr chairman can i address that you can yeah i think

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the garage owner understands that he's going to have to come back and get the proper zoning

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we're just asking they be separated um and that would be the step number two we wanted to do one

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Um, and that would be the step number two.

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We wanted to do one step at a time.

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step at a time.

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He'd have to come back for the use of the property.

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Correct.

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Thank you.

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MI 2024, 007, 426, 2813 North 2nd Street.

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I vote yes.

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Cheryl Gaston, my vote is yes.

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Tanita Graham, my vote is yes.

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I win.

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My vote is yes.

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That's enough. We have the numbers here. Thank you.

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Thank you, Mr. Chairman, members of the board. Have a great day.

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Is there anyone in the virtual audience whose 9.30 a.m.

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case has not been called?

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I do not see any hands.

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Thank you, everybody. See everybody at 2 p.m.

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Understood.

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Good afternoon.

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

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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, Mr. Chairman.

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And our board member, Taya Nguyen.

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Present, Mr. Chairman.

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So here is our attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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There is an in-person meeting with remote capabilities.

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Whether remote or in person, if you are called to speak, you must state and spell your name, then wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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any person may enter an appearance to become an interested party there are three ways to become

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involved you can identify the case property address on your zoom webinar you can see a staff

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member or you can call zba appearance line by the close of business call 267-270-5548 leave a

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message that includes your email the address of the property in question the following guidance

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is for our remote attendees.

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When directed by the chair,

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you must raise your virtual hand

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in order to be recognized.

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If you're called to testify,

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you'll be prompted to join as a panelist.

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Please accept the request

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and turn on your camera.

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The webinar question and answer

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is for questions about the hearing.

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Do not comment in cases in the Q&A.

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And finally, if you're participating by phone,

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press star nine to raise your hand

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and star six to unmute.

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For in-person attendees,

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Please refrain from talking, eating, or drinking during the hearing.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators.

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A water fountain is just around the room to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and the court reporter.

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In the event of an emergency, please follow the directions given over the public address system or by the staff.

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The main exit is through the double doors at the rear of the room.

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The nearest stairwell is to the left outside the doors.

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In case of an evacuation, the rally point is at Love Park, directly across from Art Street.

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Please remain here so we can account for you.

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Let's look at our schedule for this afternoon.

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Number one, MI 2024-005-134-5816 Catherine Street.

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This is the third listing.

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We have no exhibits.

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There is a request of continuance from Councilmember Gauthier's office because of a lack of an RCO meeting.

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Monica Coates is the listed applicant and the third-party professional.

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Vax Enterprises, LLC, is the listed owner.

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Good afternoon, Chair. This is Yvette Benton. I'll be your co-host for this afternoon.

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I see no hands at this time.

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Thank you. So, MI 2024-005-134-5816, Catherine Street, third listing, no one's appeared. I vote to dismiss.

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Michael Jones.

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Gerald Gaston, my vote is to dismiss.

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Michael Jones, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Ty Owen, my vote is to dismiss.

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Ishmael Shahid, my vote is to dismiss.

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Number three, MI 2024-006-123-1329 Princeton Avenue.

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Vern Anastasio is the attorney.

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I understand there may be a request for continuance.

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Is Mr. Anastasio in the audience?

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Mr. Anastasio has been unmuted and allowed to speak.

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Mr. Anastasio has been unmuted and allowed to speak.

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Good morning, counsel. You've already been sworn today. Just state your name for the record.

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Good afternoon, Mr. Chair, members of the board. Vern Anastasio, again, here for Princeton.

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Mr. Anastasio, could you give us an update on this case?

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Mr. Chair, we're working with the RCO to try and come to an accord. As such, I do need one

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additional continuance. Thank you. One minute, please.

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Okay, so MI 2024-006-123-1329 Princeton Avenue. This case is continued to 8-6-25 at 2 p.m.

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Thank you. Thank you. And number seven.

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And my 20, 24, 0, 0, 6, 8, 2, 3, 53, 29, North 13th Street, Natasha Watson is the listed

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applicant.

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Ivory and Elizabeth Jones are the listed owners.

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I see no hands at this time, Chair.

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We also, Mr. Chair, last time someone named Renetta Wallace appeared and indicated that she was the property owner, so I don't know if she is possibly here as well, but we are missing.

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Natasha Watson, could you come up, please?

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Good afternoon.

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Good afternoon.

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Mike, could you please sit real close to the mic?

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Could you state your name and spell for the stenographer?

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Sure. Natasha Watson, N-A-T-A-S-H-A-W-A-T-S-O-N.

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

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Yes.

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Ms. Watson, we don't have all of your documents.

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