civus
Hearing video

ZBA Hearing - May 28, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 28, 20257h 56m

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Good morning, everyone. The hearings will start shortly.

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Hey there.

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Hey Justin, how are you?

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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we're ready

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good morning my name is bill bergman i will be chairing this morning's meeting

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with me is our vice chair ismail shaheed president mr president mr chairman board

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member cheryl l gaston president mr chairman or board member tanetta graham

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president mr chairman or board member michael johns

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there he is yep and our board member tie a win she should be coming through the door

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And our board member, Taya Nguyen, she should be coming through the door.

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Also, here is our turn.

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Are we on the record?

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I'm sorry.

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This is the reporter.

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They were on the record right away.

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Yep.

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Do you want to go over it again?

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My apologies.

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My speaker was not on.

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I'm sorry, Chair.

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Okay, sure.

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All right.

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Good morning.

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

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Board member Cheryl L. Gaston.

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Present, Mr. Chairman.

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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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Board member Taya Nguyen should be here any minute.

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Also, here is our attorney, Hillary Emerson, our director, Ian Haggerty, and our board

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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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This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name and 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 their appearance to become an interested party to the case.

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There are three ways to enter your appearance.

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You can identify the case property address on your Zoom webinar.

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You can see a staff member or you can call the ZBA appearance line by the close of business tomorrow.

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call 267-270-5548. Leave a message that includes your email address and the address of the property

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of the appeal. The following guidelines are for remote attendees. First, when directed,

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you must raise your virtual hand in order to be recognized. Second, if you're called to testify,

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you'll be prompted to join as a panelist. Please accept and turn on your camera. Third,

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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Fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, 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 outside the room.

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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 a 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 to the rear.

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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 Art Street.

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Please remain there so we can account for you.

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Let's look at our schedule for this morning.

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Number 13, MI 2025, 000391, 3449 8th Street.

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Alberto Perez is the listed applicant.

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We want to check for all the exhibits. Mr. Perez.

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Good morning, Chair. This is Nadia, and I'll be your co-host today.

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Alberto Perez, if you're in a virtual audience, please raise your virtual hand.

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Excuse me, Mr. Chair. We just received an email from Attorney Daniel Loza, and he's been retained to represent the owners in this appeal.

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and he is requesting a continuance.

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I believe his hand was raised previously.

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They have been promoted to panelists.

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Is he here, the attorney?

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Yes, Chair.

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He's coming in as a panelist.

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Okay.

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Sir, could you please state your name

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and spell for the stenographer?

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Yeah, my name is Daniel Gustavo Loza. I'm a real estate attorney. I'm located in 9200 Academy Road, Philadelphia, PA, and I represent the owners of 3449 H Street, Philadelphia, PA 19134.

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Sir, could you spell your name, too, for the sonographer?

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Daniel D-A-N-I-E-L Loza, L-O-Z-A-Z-E-B-A-A.

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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 sir sir i understand you're correct uh requesting a continuance

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i i'm requesting a continuum for the file please okay thank you so um case number 13

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mi 2025 000 391 3449 h street this case is

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000 391 3449 8th street this case is continued till 11 525 at 9 30 a.m thank you very much sir

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We'll see you next time.

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thank you so much

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number 14 mi 2025 000 393 5339 wayne avenue this case is continued are there any other requests

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for continuity mr chair do you have a date for number 14 14 would be 11 5 25 at 9 30 a.m thank you

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i see no hands thank you

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so number two

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number two mi2024-005-130-4047 north marshall street julio sanchez palmer is the listed owner

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listed applicant alzandro gabriel no exhibits second listing

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so may have a request for withdrawal yes i just want to note for the record yes we

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we did receive an indication from the applicant that they are no longer seeking to pursue this

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case however to date we haven't received a formal letter requesting the withdrawal is there anyone

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in the audience. I see no hands. MI 2024-005-130-4047 North Marshall Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss. Cheryl Gaston, my vote is to dismiss. Tanetta Graham,

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my vote is to dismiss. Tyia Nguyen, my vote is to dismiss. Ishmael Shaheed, my vote is to dismiss.

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Number three, MI 2024-005-324-2951 Rose Hill Street.

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Juan Carlos Pagan is the listed owner.

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Anthony Sanfrani and U.S. Remodeling Construction.

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This is the second listing.

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No one appeared the first time.

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Mr. Pagana.

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I see no hands.

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MI 2024-005-324-2951, Rose Hill Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Snedder Graham, my vote is to dismiss.

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Tywin, my vote is to dismiss.

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Ms. Mel Shahid, my vote is to dismiss.

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And number seven, number seven, MI-2025-000305-2304-North Smedley Street,

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Afisha Haynes is the listed owner, no exhibits, first listing.

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I see no hands.

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MI-2025-000305-2304-North Smedley Street. Cases continue to 11-525 at 930. Must be heard.

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We're going to go to our add-on list.

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number one mi2024 001 644 2135 west venango street i vote yes with proviso per refusal dated 11-1-24

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Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is yes with Proviso.

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Tanetta Graham, my vote is yes with Proviso.

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Tywin, I certify that I watched the video, and my vote is yes with Proviso.

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Number two, MI 2024, 004-330-437 North 52nd Street.

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the vote on this matter will be held to 6 4 25 at 9 30 a.m

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number three mi 2024 003 268 3501 g street

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I vote yes.

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My vote is yes.

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Cheryl Gaston, my vote is yes.

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Tana Graham, my vote is yes.

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Tywin, my vote is yes with Proviso.

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Dishmell Shaheed, my vote is yes.

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Number four, MI 2024-007-496-18.

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MI 2024-007-496-1808-Wiley Street.

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I vote yes with proviso per refusal dated 5-21-25.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Bayouin, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Thank you.

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We're going to go to our main list now.

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Number nine, MI 2025, 0003116533, King Sessing Avenue.

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Agner Kelly is the applicant pro se.

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Agner Kelly, please accept the promotion to the analyst.

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Hello.

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Hi.

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Could you please state your name and spell it for the court's photographer?

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Yes. Anya Kelly, A-I-G-N-E-R, Kelly, K-E-L-L-Y. I meant, sorry, K-E-L-L-Y. Yeah, sorry.

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

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Yes.

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Have you had your meeting with the RCO?

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No. I have been unable to get in contact with them. I sent out an email in January and also

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this month and I reached out by phone and I still have not heard back from anyone.

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Mr. Chair, we do have Craig Melodosian with his hand raised.

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Okay, sure. Mr. Melodosian.

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Craig Melodosian, please, does that have a motion to panelists?

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computer but yeah i know

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brandon's not here

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hi craig good morning chair bergman good morning could you please state your name

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and spell it for the court stenographer?

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Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.

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

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I do, Chair Bergman.

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So this particular case, we do not have an RCO meeting yet.

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Could you give us an update of where you stand with this?

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I have no idea what the applicant is speaking about.

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We've ran searches on our email, both by the email address that was used by the applicant on the application, as well as by the street address.

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We have no communications on that project since 1-17-2025 when we received the original notice of the application and all of the contact information on that was correct for me as coordinating RCO and for the other RCOs.

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Okay, thank you.

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And I would indicate that, you know, we would look forward to meeting with the applicant and discussing the project.

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In the past, we have not supported this size daycare in the middle of a block.

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We supported at the end of the block.

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I'm not here to try it now.

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Sure, I understand.

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We would like to meet with the applicant.

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Ms. Kelly, we're going to have to continue this case.

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Okay.

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All right.

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um so am i and the normal date am i correct hillary hillary um yes i think that should be

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fine okay good so mi 2025 000 311 6533 kincessing avenue this case is continued to 11 525 at 9 30

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a.m thank both of you thank you and miss kelly if you have um difficulty reaching the rco please

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um reach out to the rco notification email okay make sure that you have the correct contact

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