civus
Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

Thank you.

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How do you look, Tanya?

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we have 40 attendees you can proceed as you wish sir thank you good morning everyone and well and

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welcome to this morning's dva hearings my name is bill bergman with me is carol tenary our vice chair

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unmute carol present mr chair ismael shaheed our board secretary

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Mr. Chair. Thomas Holliman our board member. Present Mr. Chairman. And James Snell a board member.

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Present Mr. Chairman. Also with us is our Executive Director Tanya Sunkit and our attorney

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Sherman Toppin. Good morning Mr. Chair. Before we begin we begin here's our virtual format.

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One, be advised these proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting our Executive Director,

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Tonya Sunkett at fillet.gov.

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For the benefit of our court snogger,

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we ask attorneys and witnesses to identify themselves before testifying.

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Three, 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 your question.

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And last, please note the question and answer box on your screen is not for testimony or comments.

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Any comments have to be directed to our Executive Director, Tanya Sump.

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So let's look at continuities for today. Number one, MI 2021 004590 1331 North 30th.

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Number two, MI 2021-002-632-1442 South 52nd Street.

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And number 13, MI 2021-004592-5901 Latona Street.

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Those three cases are being continued.

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Does anyone have any comments or statements relative to those cases?

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Good morning, Mr. Chair. This is Jason Hand. I am a co-host. I see one hand up from Mr. David Orfanides. I can allow him this time if you wish.

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Please.

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Good morning, Mr. Chair.

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Morning.

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

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I do.

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Please spell your name for the court reporter.

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Sure. David Orphanides, O-R-P-H-A-N-I-D-E-S.

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Proceed, sir.

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And I just wanted to state for the record that I was present for today's hearing, scheduled hearing, and that was continued for 5901 Latona MI 2021-004592 in the event there were any questions.

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No, that's fine, sir. Thank you.

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Thank you.

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Does anyone else have requests for a continuance?

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we have andy barrios i'll allow him to speak at this time please hello good morning could

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you state your name and spell for the court reporter please yes my name is andy barrios

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A-N-D-Y

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Barrios

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Barrios. B-A-R-R-I-O-S. Do you swear or affirm to tell the truth, the whole truth and nothing

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B-A-R-R-I-O-S

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but the truth? I do. Proceed, sir. What's your case? My client, Mr. Charles Holliday, is the owner of

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1331 North 30th Street. He postponed his mouth procedure to be here. So he did initially request

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to be continued but we weren't sure if it was going to be continued so he's present okay i'll

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call i'll call the case shortly okay sir thank you so much all right um any other requests for

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contingencies yes we have a mr frank bagley with his hand sorry i'm sorry too please note all in

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the audience, only raise your hand if you have a case that you wish to request a continuance.

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Thank you. Please proceed. I'm sorry, Jason. Thank you, Ms. Sunkett. We have Mr. Frank

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Bagley with his hand raised. I will allow him to speak at this time, sir.

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

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Tina Marie Russell. T-I-N-A-M-A-R-I-E-R-U-S-S-E-L-L.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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What case?

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1901 Westmoreland.

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I wasn't sure if the attorney asked for a continuance or not.

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I didn't hear the beginning.

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Is that this morning?

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It's the day of the 15th, yes.

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today's the 16th okay yeah i must have missed it okay well i believe it was today or yesterday

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i guess i was i'm off track for a day okay i i don't i don't see it listed today it must

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have been the 15th okay thank you thank you sure anyone else for the continuance

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um yes sir i have a ua wu with the hand raised i will allow them to speak at this time

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Good morning. Could you state your name and spell for the court reporter?

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Good morning. My name is Yuewu, Y-U-E-W-U.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Which case is yours?

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So I'm an RCO, and I received a continuous letter from 929 Ways Street.

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But it was not on the continuous list.

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I just want to make sure, just want to check if they are continuing or they're being heard today.

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I don't see that on this morning's list.

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Oh, what, 929 race?

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Yes.

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It's going to be withdrawn by the attorney.

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I didn't get a chance to get to that yet, ma'am.

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Okay.

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So it will be...

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It's going to withdraw.

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The application is going to be withdrawn.

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I'll state that in a couple minutes.

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so i'm just getting the continuances okay okay any other continuances

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i see no further hand at this time i have one case for withdrawal

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number 15 mi 2021 002420 929 ray street the case is withdrawn by the applicant

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We're going to go to, anybody else have a withdrawal?

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I'm sorry, Mr. Ali Abdelaziz, raise your hand while you were in the middle of announcing that withdrawal.

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

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Yes, my name is Ali Abdelaziz, first name Ali, A-L-I.

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last name is abdelaziz a b d e l a z i z you swear or affirm to tell the truth the whole truth

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nothing but the truth yes i swear okay your case is

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yeah my case is um for for the for my plan at my house at 4 4500 d street in philadelphia

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are you ready to go on today yes i am okay so we're gonna call that

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you know okay a little later okay okay but you are ready to proceed yes i am okay we'll call

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your case when you hear it we'll call you up okay okay sounds good sure thank you you're welcome

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We're going to go to continuances. Number one, MI 2021-004832-3135-49 West Montgomery Avenue. We'll be voting on that at 2 p.m.

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okay we're gonna we're gonna go to continuances

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Number one

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Number two, MI 2021-005012-2400 East Fanango Street. I vote yes.

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Carol Tenere, my vote is yes.

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Carol, that's for Ishmael and Thomas.

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Okay.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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I'm sorry, Chair.

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This is Tanya.

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If I could just correct the record, these are add-ons that were just voted.

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I said that.

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I went to the add-ons is what I said.

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No, you said continuances, sir.

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I just wanted to clear the record.

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Thank you kindly.

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Right. Number one on the regular list. MI 2021-004590-1331 North 30th Street.

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Brewery Town-Chargewood Community Civic Association's Letter of Opposition.

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counsel

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1331 North 30th Street

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Andy Barrow has his hand raised

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I want him to speak at this time

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thank you that is the one that

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oh okay I'm sorry

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so you're the counsel for this

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No, I'm the design professional for Mr. Charles Holliday, the owner.

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We would like to be heard if it's not too late.

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Is Mr. Holliday here?

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Yes.

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Well, he's going to have to present it, sir.

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Oh, okay.

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Okay, Mr. Chair, I have just promoted Mr. Holliday to a panelist.

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He will be coming back in soon.

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Mr. Holliday, state your name and spell for the court reporter, please.

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You have to unmute, please.

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To unmute, you need to hover along the bottom and then click the unmute on the bottom left of your

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screen. Thank you. Thank you so much. I'm Charles.

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holiday um could you stick and could you spell your name for the court reporter please uh c-h-a-r-l-e-s

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um h-o-l-l-i-d-a-y right do you swear for him to tell the truth the whole truth nothing but the

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truth yes sir our vice chair has a few questions yes ma'am good morning do you agree to waive the

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reading of the refusal and stipulate to its accuracy pardon he's not an attorney carol he's

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not okay so have you submitted all of the required documents um that we requested such as proof of

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ownership tax compliance refusal or referral photos and or plans of the property five days

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in advance of this hearing and have you met with the rco and do you have a letter we did meet the

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rco i submitted pictures to them i know i have to submit pictures to you i'm not an attorney

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thank you you may proceed i'm sorry this is tanya uh no he cannot proceed he never submitted

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exhibits none no mr holiday did you did you submit your forms at all

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the forms i did initially yes um i'm going through this by myself i didn't hire an attorney

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I'm aware, but did you send it into the zoning board?

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No, I didn't.

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Okay.

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All right.

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So here's what we're going to do.

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We're going to continue your case.

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Yes, sir.

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And then you're going to have to get a hold of the office and make sure you find out what forms you need to submit to the zoning board.

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Okay?

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I appreciate that, sir.

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All right.

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Thank you.

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Case will be continued.

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And you have a good day, sir.

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Thank you.

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Thank you, everybody.

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Thank you.

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Oh, yeah.

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Number three.

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MI 2021-003845-1501-South 50th Street.

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RCO, letter of support, Kelly Lewis.

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sir i have mr josh joshua horvitz with the hand raised i can allow them to speak at this time

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uh no first we need kelly lewis oh miss kelly lewis okay is kelly lewis available

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miss lewis if you're in the audience please raise your virtual

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Ms. Lewis, if you're in the audience, please raise your virtual hand.

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Ms. Lewis?

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I see her name, but she's not raising her hand.

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As you wish, we can go forward as your call, Chair.

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Let's try one more time to see if we can get her to...

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Ms. Lewis?

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I don't know I think so we don't see her name we don't see her anywhere

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yes she's here her name is there

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Miss Lewis

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let's let let's let's move on and we'll make a decision what to do with that

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a little bit later sounds good if we can get her

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Number four, MI 2021, 004628, 1720 North 24th Street.

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Lynn Nichols is the attorney.

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RCO letter not yet received in our records.

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Okay, sir.

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Mr. Nichols has been promoted to panelists.

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He will be coming back in shortly.

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Sure.

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good morning state your name and spell for the court reporter please

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good morning members of the board um my name is lynn nichols l-y-n-n-n-i-c-h-o-l-s um

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right you swear or affirm to tell the truth the whole truth and nothing but the truth

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Yes, I do. Mr. Chair, we did receive late yesterday a letter of support from the RCO with a proviso. I wasn't able to forward it. We got it late yesterday.

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All right. Thank you. Could you identify your client and their relationship to the property?

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Yes. Kim Deerstein, she's the owner representative of the property.

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Thank you.

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And our vice chair has a few questions.

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Yes.

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Good morning.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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