civus
Hearing video

ZBA Hearing - February 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 21, 20246h 33m

Yes.

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Please proceed, counsel.

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Yes, Ramit.

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You heard everything I had to state today about your zoning.

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Yes.

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And is it true and correct what I stated?

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Yes.

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and do you adopt it as your testimony yes thank you questions from the board no mr chairman

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no chair no chair questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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okay mr chair we have a hand up by rodolfo santos i've allowed them to speak

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could you please state your name and spell for the court stenographer

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hi my name is rodolfo santos r-o-d-o-l-f-o santos s-a-n-t-o-s do you swear or affirm to

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tell the truth the whole truth and nothing but the truth i do are you a neighbor yes okay please

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proceed please proceed sir i'm also a part of the north square community alliance rco great um

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i sent you guys the letter on saturday i apologize for that i'm not sure if you guys

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received it um i'm just here to say that on valentine's day we were presented with three

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units and um i i applaud alan for getting us all the information and uh switching it over you know

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with the switch over to the two units but uh the community feels uh like really displeased with

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that and i'm just here to reiterate our letter of opposition to this project

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so so they went from three to two and you thought that was worthwhile but the community's still

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against it um we were opposed we opposed the three units right and we never got to vote on

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the two units. Oh, I see what you're saying. Okay. All right. Thank you, sir. And thank you

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for taking the time to close. We appreciate it. Thank you. Is there anyone else in the

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first audience? I do not see any hands, Mr. Chair. Mr. Nockmson, do you want to respond?

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Yeah, that's why we did hear that three units was unacceptable to the community.

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Yeah, that's why we did hear that three units was unacceptable to the community.

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That's why we're choosing the least modification possible under the Philadelphia zoning code.

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We're taking two lots, we're combining it, and putting two units.

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So it's essentially a zero-sum game because the lot size is just so small that we couldn't have a functional floor plan for two single-family homes.

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planning commission thank you chair bergman and good evening david vecto with the city planning

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commission chairman and board members the comprehensive plan recommends a change in

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zoning of this location from residential single family to residential multifamily however in a

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2021 zoning map change the civic associations requested that this block face be rezoned to

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residential single family. The appellant requests two dwelling units on an 842 square foot lot.

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The small size of the lot and its odd shape would be perfect argument for dimensional variances for

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one unit, not for two. And the roof deck access structure does not meet the required setback

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provisions. Roof decks are not necessary to ensure economic use of the property. The City Planning

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Commission recommends that the board deny the proposed use variance for two dwelling units

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and the variance for roof deck access structure setback.

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Mr. Nackamson.

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Yeah, again, it would not be economically feasible

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to combine these two lots to create a single family home.

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Nearby properties under similar circumstances

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have reached out to the Philadelphia Zoning Board of Adjustment.

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And the Board of Adjustment has seen the undue hardship

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that the property owners have faced.

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And under similar circumstances,

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the board has allowed for a combination of units

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under those circumstances.

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But now, as you said, Alan,

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you could just build two houses here, right?

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There's no difference.

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We couldn't.

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Functionally, we can't.

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Like, again, there's-

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But it works better, you're saying, if it's two?

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It's two on the scene?

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But you want to build a duplex in the two, right?

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That's right.

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What I'm saying, what's the difference space-wise?

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It's a 421-square-foot lot that's irregular shaped.

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Like, it's not even a square lot.

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As the Planning Commission indicated, that's an irregular shaped lot.

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We couldn't build on 421 square feet.

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You know, that's rectangular.

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That's not a rectangular shape.

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All right.

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Thank you.

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MI 2023-006-589-1933-35 North Lipscow Street.

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I vote yes.

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revised plans, one page

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stamped by ZBA

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February 21st, 2024

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maximum two dwelling units

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Thomas Holloman

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my vote is no

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James Snell, my vote is yes

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with proviso

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Ishmael Shahid, my vote is yes with proviso

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Thank you

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Is there anyone in the

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virtual audience

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who a 2pm case has not

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been heard

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I do not see any answer, Mr. Chair.

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Okay, we're going to take five minutes.

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We're going to come back and we'll finish the list, though, the 3.30 list.

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Thank you, Chair.

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Good afternoon.

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My name is Bill Bergman, and I will be chairing this afternoon's ZBA hearing.

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With me is our Vice Chair Ishmael Saheed

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Present Mr. Chairman

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Our Board Member Thomas Holloman

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Present Mr. Chairman

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And our Board Member James Snell

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Present Chair

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Also present is Hillary Emerson, our Attorney

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And our Executive Director Tanya Sunkit

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Here's our virtual format

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Be advised if proceedings are being recorded

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The video will be available by contacting

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TanyaSunkit at phil.gov

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For the benefit of our court sonographer

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we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify,

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press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at our schedule for this afternoon.

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Number one, MI 2023-005-620-708 Sampson Street.

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That case is continued.

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That case is continued.

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Number six, MI 2023-005-622-137, West Seymour.

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Vern Anastasio is the attorney.

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The RCO is requesting a continuance.

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Mr. Anastasio.

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And Mr. Chair, just for the record, there is a continuance request from Solo Germantown.

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that's supported by space cdc and councilman bass okay um and i believe um mr richardson maybe

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yes he's here as well okay mr anastasio good evening mr chair i've you've already been sworn

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today um we have a request for a continuance yep from two of the rcos and the council person

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I'm not going to object, even though we've been to at least one, so long as if the board would be so kind to ask the staff to assist me in what would be a shorter than usual continuance.

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We will ask the staff for that.

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Thank you. And can it be marked, must be heard, please.

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I will take care of that.

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So, MI-2023-005-622-137 West Seymour Street. That case is continued. Mark must be heard.

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Thanks, Mr. Chair.

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Are there any other requests for continuance?

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Sir, I got a hand raised from a number indicating 3552.

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Okay.

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number ending in 3552 please press star six to unmute

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hello hi uh what case are you interested in hi this is adrian fernandez oh okay um i sent a

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letter in didn't know if you saw it for um i think it's three rcos three affected rcos

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asking for continuous i think it's 2602 north 30th street

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um we we do not have why we do not have um uh exhibits for that anyway okay we asked if it

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could be dismissed i think it was must be heard all right thank you all right you're welcome

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okay um any other requests for continuance

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several cases that we do not have

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exhibits number four

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MI 2023

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005 623

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3031

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St. Vincent's

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Zhang Wang Jin is the listed owner

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this is the first listing

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Mr. Chair they're not in that

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virtual audience

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Okay. So, number four, MI 2023-005-623.

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Excuse me, Mr. Chair. Sorry, Vernon Anastasio has his hand still raised. I don't know if he has another case or if he just has his hand raised in error.

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Oh, he does? Okay.

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He's Vernon Anastasio.

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Good evening again, Mr. Chair. I do have another case that the RCO has asked that we submit for a brief continuance.

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3213 Clifford Street.

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Okay. Hold on one minute.

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So that's going to be continuing, right?

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Please. And again, I ask that it be marked must be heard in the next

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listing. And if I could get a shorter than typical

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continuance, we have met with this group. This is the third listing.

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It'll be the third listing. Thank you.

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Thank you. So MI 2023-001-775-3213, Clifford Street. That case is continuing, Mark, must be heard.

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Thank you.

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Go back to number four, MI 2023-005-623-3031, Vincent Street. There's no one with their hand up.

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oh wait a minute sir i have a hand raised by uh peter mcdermott i will now have them to speak at

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this time i'm mr mcdermott

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i'm sorry peter mcdermott please unmute

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yes how you doing this is mr mcdermott i'm with the mayfair civic association which is the rco

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where 3031 saint vincent came before us do me favor could you spell your name for the

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word sonographer yes my name is peter p-e-t-e-r mcd

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Yes, my name is Peter, P-E-T-E-R, McDermott, M-C-D-E-R-M-O-T-T.

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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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Yes, I do.

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So we do not have exhibits for this case, Mr. McDermott.

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Okay.

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And it does not appear to be anyone in the audience.

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This is the first listing.

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I'm about to continue the case, and Mark must be heard, okay?

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That sounds good.

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Thank you, sir, for calling.

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We appreciate it.

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So number four, MI 2023-005-623-3031 St. Vincent Street.

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Cases continued.

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Mark must be heard.

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Number five, MI 2023-005-621-254 South 54th Street.

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CGI construction is listed applicant.

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No exhibits first listing.

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Anyone in the audience?

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Once again, Mr. Chair, I do not see any hands raised for this matter.

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So MI 2023 005621, 254 South 54th Street, this case is continued.

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Mark must be heard.

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Number eight.

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MI 2023-001-417-2602-North 30th Street.

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Listed owner Joseph Patton is the applicant, third-party professional,

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owner's AEB Holdings.

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This is the second listing.

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No exhibit, second listing, and no one has peered at the first listing.

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again mr chair there are no hands raised so mi2023 001 417 2602 north 30 street this is the second

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listing no one appeared at the first listing i vote to dismiss thomas holloman my vote is to dismiss

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James Snell, dismissed

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