civus
Hearing video

ZBA Hearing - October 23, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 23, 20246h 7m

Thank you.

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Okay, Chair, we have 46 attendees, and you can start as you wish.

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Thank you.

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Good morning, everyone.

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

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With me is our Vice Chair, Ismail Shahid.

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he's here um our board member cheryl l gaston present mr chairman our board member tenetta

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graham good morning president mr chairman our board member michael johns

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and our board member, Taya Nguyen.

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How's it, Mr. Chairman?

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Thank you.

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Also present is our attorney, Hillary Emerson,

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and also our other attorney, Ryan McSherry.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting zbaexecutivedirector at phila.gov.

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For a court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, 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 address and address of the property in question.

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The question and answer box on the screen is not for testimony. All comments should be directed to ZVA Executive Director at phil.gov. Let's look at our schedule for today.

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Number five, MI 2024-000-603-2113 Chelton Avenue, that case is being continued.

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Number six, MI 2024, 000642, 742 Christian Street.

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That case has been continued.

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Number nine, MI 2024, 003406, 1406 East Moymencing Avenue.

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That case has continued.

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Number 10, MI 2024-003-407, 2020 West 65th Avenue, that case is continued.

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And number 15, MI 2024-003-554-636 West Allegheny Avenue, there's a request from the RCO for continuance.

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Is the RCO present? And also, Elmo Construction is the listed owner.

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good morning mr chair this is jason hand i will be your co-host for today

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i do not see any hands raised for the rco or any other participants for this particular case

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thank you mr hand so am i here to to clarify the the the applicant advised the rco they would be

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requesting a continuance but we have not received continuance we were just advised that the rco was

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advised that there would be a continuous request. Thank you very much. So MI 2024-003-554-636

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West Allegheny Avenue. Cases continued. Mark must be heard. Are there any other requests for

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continuance? Yes, Chair. The first hand we have up is from Julian Lutz. I have allowed them to speak.

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good morning could you please state your name good morning everyone my name is julian lutz and

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i am a volunteer law student at the university of pennsylvania and i am working with mr tehran

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moment on permit application number

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uh, on, um, permit application number. Why don't we, why don't we do this first state your name

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20

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and spell for the court stenographer. Certainly. My name is Julian Lutz, and you can spell that

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J U L I A N last name L U T Z. You swear or affirm to tell the truth, the whole truth,

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nothing but the truth. Yes. What, what case are you involved with? We're involved with

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mr tehran moment at 1352 south 30th street and i can give you the numbers uh if it would be helpful

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let me show you here that's number 12 mr share

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um hillary can um this is a pro se um

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law student cannot represent him kenny um unfortunately not no

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um mr lutz you're not a certified legal intern is that correct uh i i am not yet but i however

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we i'm also work working with a um sort of certified attorney who i believe should be

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on this call and could be recognized okay so either either a licensed attorney or um the

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applicant um himself needs to be needs to present the case and we had this we have this listed as

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a pro se um i mean you can assist him with you know technology and that sort of thing but he

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would need to he would need to present unless he has retained an attorney to represent him

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or has a pro bono attorney representing him i believe he is present here today i just wanted to

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uh state my you know enter my you know attendance here okay all right so we're going to call that

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case in a little later, okay? Okay. All right. Thank you. Any other requests for continuance?

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Yes, Mr. Chair. I have a hand up from Devin Uchtah. I've allowed them to speak.

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Good morning, Mr. Chair. Hi. Could you please, you know, state your name and spell for the

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court stenographer? Yeah, sure. Devin Uchtah. Last name is UQDAH. I'm an attorney. I'll take

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it over to case for a 31 13 north 16th street um hold on hold on hold on do you do you swear

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or affirm to tell the truth the whole truth nothing but the truth yes all right so so devon

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this is the sixth listing and i know you took it over but you took it over in in june and you came

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back in january so i i mean we we got to have an update where do you stand with this case i took it

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over in June of this year?

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It says June of this year

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you took it over. Right.

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So I'm waiting to schedule with the RCO.

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That's the only thing. Could I just have it marked so that

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I can meet with the RCO and then come back to the

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board?

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Devin,

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this is the last time.

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We got to get this done.

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Okay, so I'm going to continue with

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one more time, but the next time

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this is listed, it's got to be heard.

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Understood. Excuse me,

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chair this is uh keisha can we uh have it marked as attorney moving party

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thank you m i m i 2022-001-943-3113 north 16th street case continued attorney moving party

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thank you any other requests for continuance

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yes i have a hand up from a number ending in three five five two i've allowed that person to speak

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

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yes adrian fernandez and my last name is spelled f-e-r-n-a-n-d-e-z and i

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hold on do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes adrian what what case are you involved with um i just heard the lawyer for 31 13

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north 16th street and i am requesting i understand that you gave another continuance after three

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must be heard um the attorney sent a letter in july for email on july 1st 2024 to all of the rcos

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and we have not heard from this attorney since then.

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I am requesting that this be dismissed because just the burden on the neighbors

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and the RCOs that we've had from this applicant party since 2021.

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It would be fair if they have to just start all over again,

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and we are requesting that this be dismissed if possible.

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Adrian, I think you heard my conversation with the attorney that I'd go one more time. We made it attorney moving party. It's going to be heard when we have it in here again.

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And it's going to be heard when we have it in here again.

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Okay.

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Okay.

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And I do appreciate your concern.

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All right.

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Thank you for your consideration.

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Sure.

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Thank you.

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Anyone else with a continuance?

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Yes, I have a hand up from Bill Keffer.

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I've allowed them to speak.

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Good morning.

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Could you please state your name and spell for the court stenographer?

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Good morning.

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My name is Bill Keffer, K-E-F-F-E-R, and I am not requesting a continuance.

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I'm here for case number 12.

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I'm just to help.

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Hold on.

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Hold on.

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Sorry.

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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, sir.

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Mr. Keffer, you're an attorney?

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I am, sir.

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Okay, sure.

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So you will hear.

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We will call you, I hope, shortly, okay?

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Fantastic.

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Thank you, sir.

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Thank you.

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Any other requests for continuance?

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all right we'll have a few cases here that go ahead all right i'm sorry i'm sorry to uh

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interrupt you mr chair but there's a hand up from uh 3153 number okay allow them to speak

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

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star six to unmute please

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yes Antoine Montgomery

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could you please spell your name

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for the court stenographer

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A-N-T-O-I-N-E

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Montgomery

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M-O-N-T-G-O-M-E-R-Y

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where a firm to tell the truth

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the whole truth and nothing but the truth sir

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yes

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what's the location of the case you're calling about

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MI

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2024-003511

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I'm requesting that

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Continuum. What's the what's the address? I'm sorry. 5724 Vine Street.

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OK, this is the third listing. The case must be heard the next time.

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okay okay all right so mi2024 003 511 5724 vine street case is continued mark must be heard

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any other continuances in the audience

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i do not see any further answer mr chair number three mi2023 004 531 98 77 of a reed road

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Segi and Semyon Havlowski are the applicants.

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This is we have no exhibits. This is the third listing.

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Mr. Chair, I have a hand up from Michael Horskiewicz.

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I've allowed them to speak.

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Could you please state your name and spell for the court sonographer?

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Michael Horskowitz, H-E-R-S-K-O-V-I-T-Z.

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

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I do.

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Are you involved in this case?

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I'm representing the RCO, the Greater Boston Civic League.

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We don't have any listings.

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This is the third listing.

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We don't have any exhibits.

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I'm sorry.

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This is the third listing.

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Do you have comments about this case?

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Yes, they came in front of the association and we rejected it. We sent the information to the zoning board. But apparently the fence that was initially installed was removed. And they have a new fence that seems to appear to meet all the requirements. So we're not quite sure why it's before the board again.

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all right thank you very much um we do we do not see the the owners right am i right jason

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yeah that's right sir no thank you so mi2023 004 531 88 98 77 re-road no exhibits third listing

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i vote to dismiss michael johns my vote is to dismiss general gaston my vote is to dismiss

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Tannetta Graham, my vote is to dismiss.

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Ayah Wynn, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Number four, MI 2023-005-039-3234 Fanshawe Street.

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This is the third listing.

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We have no exhibits.

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Vern Anastasio is the attorney.

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Vern, are you in the audience?

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they've been allowed to speak morning mr chair good morning council could you

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Good morning, Mr. Chair.

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Good morning, Counsel. Could you state your name and spell for the court stenographer?

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state your name and spell for the court stenographer

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Yes, sir. Vern Anastasio, A-N-A-S-T-A-S-I-O.

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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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Could you give us an update on this case?

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Yes, Mr. Chair. I believe my staff submitted a request to withdraw.

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If that missed the file, then I'm officially requesting that this case be withdrawn.

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Thank you very much. MI 2023-005-039-3234 Fanshawe Street. The case has been withdrawn.

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Thank you.

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Thank you, sir. And number seven. MI 2024-001-377-4742 Rose Hill Street.

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Hoyet, Yim, and Soar Yim Touch are the listed owners. No exhibits first listing.

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Mr. Chair, we also have Moniquetta Coates.

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Moniquetta Coates is the listed applicant.

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The listed applicant, I believe, is an expediter or third-party professional.

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Moniquetta Coates has her hand raised.

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I've allowed them to speak.

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Good morning.

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Could you please state your name and spell for the court stenographer?

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Yes, Moniquetta Coates, M-O-N-I-Q-U-E-T-T-A.

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last name coach c-o-a-t-s you swear a firm to tell the truth the whole truth and nothing but

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the truth yes could you tell me the status of this case we have no exhibits um wasn't aware

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