civus
Hearing video

ZBA Hearing - August 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20216h 3m

So I represent the owners of 3613 North 16th Street. We were supposed to have a second RCO meeting, but there was a misunderstanding about the date and time.

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We'd like to have the case still heard today, but would ask that it may be held for a vote until we can meet with the RCO.

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We just didn't want to have to continue us down to October or November, given we've made substantial revisions.

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And this case has now been in front of the chairman and the board twice.

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I think we can accommodate you.

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Any problems with that, Tanya?

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I defer to counsel for that, Sharon.

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So, Ms. Pritzker, did you have a meeting already?

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Yes.

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Okay, and this is the second meeting?

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Yes.

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Okay, we could accommodate that. Thank you.

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We do have a letter of non-opposition in this case.

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All right. So, okay, we'll hear the case. And then we'll resume.

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I wasn't aware of any letter of non-opposition. If we have a letter of non-opposition, then we might not need to hold the case. I just wasn't aware of any letters of non-opposition.

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okay um i will send that to you now and when your case is called you can let the board know if you

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still want to go forward all right thank you so much well what i'm seeing in our notes and correct

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me from wrong sharon is that the 13th democrat ward sent a letter of opposition but the

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neighbors sent a letter of non-opposition is that i'm sorry that's there are two rcos they've taken

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different positions right so in that event we would still do the here and hold because unna

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is an affected rco but the 13th democratic ward is the coordinating rco okay so we'll do that

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when we get to it thank you thank you very much any other requests for continuances or withdrawals

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sir we have miss hillary langer with her hand raised i will allow her to speak at this time

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excuse me this is Sharon I believe Mr. Langer is um here for the Midvale case so we should

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probably call Mr. Bertil too okay well let me swear Mr. Langer in and then we'll get Mr. Bertil

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on Mr. Langer please spell your full name and I'll swear you in Hillary Langer H-I-L-A-R-Y-L-A-N-G-E-R

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we're from the tell the truth the whole truth nothing but the truth yes i do you are representing

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east falls community council i'm the zoning chair

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till available good afternoon mr chair steve bertill on behalf of the applicant b-e-r-t-i-l

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you swear from the tell truth the whole truth nothing but the truth

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uh yes i do all right uh there's a obviously there's conflicting uh one mr bertill you're

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asking that the case go forward and i believe east falls community council is it is opposed

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to a continuance uh is that correct uh no it was the reverse uh east falls community council

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requesting

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but I have an

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update since then but I did want

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to provide the context with the board

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and then provide an update

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yeah let's go forward with that and again my

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apologies I did it backwards thank you

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no problem

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as I stated

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so just to provide some

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context with the board to

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refresh some recollections

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this matter

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this appeal was an accelerated appeal with the first hearing being in January 27th of this year.

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Prior to that, there was two community meetings with the East Falls Community Council. At the

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initial hearing, the East Falls Community Council did oppose a variance request for multiple

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reasons, one of which including some, I guess, miscommunication and confusion regarding the

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use on the second level of the proposed structure, which was an accessory dwelling unit above two

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parking spaces. Since at that hearing, because of that confusion, and in addition to multiple

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dimensional issues that the East Falls Community Council had with the proposed project.

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The board allowed us to go back to LNI to obtain a revised refusal and to also make

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revisions to the project to the highlighted comments of East Falls Community Council and

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to the highlighted comments of East Falls Community Council and some of the community concerns.

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some of the community concerns.

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We did that subsequent to the board hearing this project. At the time when we went back to L&I,

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they reassessed the entire project under this use and then issued a new refusal. We didn't receive

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the new refusal until June. We passed it along to East Falls Community Council the same day

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and requested a community meeting

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so we could present the complete overhaul of the project.

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At that time, we were informed

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that they don't typically meet during the summer,

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which was obviously problematic

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because we had an August 3rd hearing.

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And so that was sort of the initial issue.

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Subsequent to that, we were informed

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that they were able to meet um on july 21st unfortunately i had two rco community meetings

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that night already and i said requested another date and um they weren't able to accommodate um

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well apparently they weren't able to accommodate due to the continuance request um was the response

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to that um so because this has been going going this application was in november of 2020 um we

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believed um that we made basically every change that we made was in response to a comment that

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they made um and we essentially got rid of almost every um refusal um except for two now um we we

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that's why we initially opposed the request because again that was our first communication

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about meeting since they couldn't meet on the 21st since then i was able to connect with um

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the zoning chair, and I informed him that if we can be placed on their August 18th agenda,

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that I will inform the board that we would be willing to, if possible, obviously I understand

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the scheduling constraints of Ms. Sunk and her team, but I informed him that I would be willing

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to not oppose the continuous request if we can maybe do it as a continued resumption sometime

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time um after that meeting um i mean that said we're ready to go today but to sort of just

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operate in good faith um and frankly we're really excited about about our redesigns um and we you

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know we don't want to we're not here to hide it from anyone um but we just wanted to get a meeting

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that's you know we didn't want to get continued down to december or anything like that for

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something that we were ready to present to the community in june um and so that's where we sort

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are today um since the since the rco made that request mr msunkit as tanya if if we were to do

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a resumption hearing we hear the case and resume it and uh at which time we were making this

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decision based on feedback from the rco what would be the earliest date

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rough if you don't have a specific date i mean close

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chair could we ask mr langer if he would be willing to um have the hearing go forward today

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and have the another date scheduled only for reading of the new rco letter into the record

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kind of where i was going i wanted to find out from tanya because

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um according to mr batill he doesn't want this thing obviously to go to december i'm not saying

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it would i'm just trying to get a sense of that um okay hi i'm sorry this is tanya um it's it's

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allowable if it's only going to be a letter reading okay whatever date you decide chair

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okay very good as long as mr langer understands that there would be no testimony i'm going to go

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to mr langer now thank you both mr langer yes look um i communicated with uh mr burtel um

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yesterday. We agreed to put him on an August 18th meeting for neighbors and community

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to review this completely new proposal and design, and also have the opportunity to interface with

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the owner and their attorney, because there are outstanding questions that were designed about

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how the building is going to be used. So the community has not had an opportunity

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in a full face meeting to really go over the design. So we, and they're not represented here

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in this meeting today as neighbors, because they understood that this was going to be continued

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based on a conversation I had yesterday with Mr. Bertil.

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I had yesterday with Mr. Bertil. So I would request that we go ahead with our August 18th

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So I would...

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meeting. I'd be more than happy to have a new hearing date in September, if that can be arranged.

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Give the community a chance to go over the new design.

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i hear you but i can guarantee you you'll not have a hearing in september

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so what i would suggest is that mr langer would go go forward with the hearing

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your organization will have an opportunity to meet with mr bertell and his his uh

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his client on the 18th of august whatever you guys decide at that meeting will be presented

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to us and we'll have we'll only take the feedback from that meeting and that could be done on

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Wednesday I believe the 8th 24th of August Tuesday the 24th I'm sorry chair we have nothing scheduled

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for the 24th it would have to be Wednesday the 25th all right but on that on my hearing list

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to have the 24th on air all right so it would be wednesday the 25th so we're just yes just to be

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clear is that for testimony or only for reading the rest only for reading yes excuse me my voice

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is a little going yeah would not it would not be for testimony at that point do you take a vote

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after the reading of the letter?

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What happens today?

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Take into consideration comments

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of the letter from the RCO.

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Again, you're going to have a whole different set of plans

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that you may agree on or may not.

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We don't know.

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But you're going to have enough time.

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If this case gets continued,

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you're looking at maybe October, November at the earliest,

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if I'm not mistaken.

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Correct me if I'm wrong, Chandra.

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Yes, Chair.

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Are we looking at mid to late November?

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Chair, if I could also suggest if there is feedback from other neighbors involved,

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they can also submit a letter for the board to review at the time they have executive session.

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Yeah, several letters have been submitted from neighbors, but they'll be more than happy to submit more.

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but but I do I do need to say for the record that this is about the legalization of a structure

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that was built without a zoning permit without construction permits we understand that and I

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really think we we should sorry sir um I I do believe that the chair would like to move forward

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with this thank you kindly okay uh any other requests for continuous withdrawals two o'clock

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list charles richardson has his hand up sir i will allow him to speak at this time

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by yourself and i'll swear you in good afternoon mr chair charles richardson from the office of

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Councilwoman Cindy Bass, room 312 City Hall.

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Do you want to tell the truth, the whole truth, nothing but the truth?

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I do.

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I was just trying to alert you to the fact that Charles Korn, the chair of the 13th Ward RCO, has his hand raised.

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I think he wants to speak with regard to the case that Rachel was speaking about earlier.

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And I just wanted to make sure that he was heard.

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We do not have him with his hands up at this time.

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All righty.

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We'll see when we get to it, all right?

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Okay, anyone else?

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Ms. Suzanne Penn has her hand raised.

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I'm allowing her to speak at this time, sir.

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Thank you.

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Good afternoon.

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Ma'am, please spell your full name and I'll swear you in.

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Please unmute yourself.

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Ms. Penn?

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Thank you.

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Ms. Penn, you're still muted.

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thank you please proceed suzanne penn s-u-z-a-n-n-e p-e-n-n if you can speak a little

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bit closer to the mic or raise your voice that would be helpful do you swear from the tell the

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truth the whole truth nothing about the truth i do please proceed am i allowed now to make

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comments about 3018 Midvale Avenue. We didn't open that case up yet. Mr. Bertil will present

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his case and then we will open it up for questions. Okay, thank you. Thank you.

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and then we will open it up for questions okay thank you thank you uh anyone requesting you

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continue with your withdrawal no further answer this time mr chair okay thank you so with that

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we will begin case number mi 2020-002758 3018 midville avenue mr bertill

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Mr. Bertil?

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No, please.

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We don't see your hand.

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We lost you.

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Confessor.

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our secretary yeah it doesn't appear he's available

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yes chair uh no i was going to tell mr patel wait for you but he hasn't we lost him i believe

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his is a resumption here right no no this is number three on our list yep it is a resumption

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oh yeah i'm sorry it is yeah no yeah apologize either way we still have it we lost mr brittell

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so chair if we can move forward and i will try to reach out to him and get him yep let's go to

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the next case thank you mi 2020 that's zero zero zero two four seven three six two five north

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22nd Street

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Darlene Threat

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is the attorney of record

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there was a letter from the 13th Ward

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Democratic

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Ward, a letter in opposition

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from the 13th Democratic Ward

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Sir, Ms. Threat has been

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promoted to panamist

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Ms. Threat, please spell your full name

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and I'll swear you in

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Thank you

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13th board

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Ms. Threatt

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Good afternoon, Commissioners.

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Darlene Threatt on behalf of the applicants.

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Can you hear me?

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Yes, please spell your full name.

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Darlene, D-A-R-L-E-N-E

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Last name Threatt

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T as in Thomas

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