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Hearing audio

ZBA Hearing - January 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 21, 20266h 17m

I'm going to put my jacket on.

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How many people do we know?

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We're going to start.

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Good morning, everyone. My name is Bill Bergman, and I will be chairing this meeting of the

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Philadelphia Zoning Board of Adjustments. With me is our board vice chair, Tanetta Graham.

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Present, Mr. Chairman.

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Our board secretary, Shel L. Gaston.

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Present, Mr. Chairman.

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Board member, Michael Johns.

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Present, Mr. Chairman.

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Board member, Taya Nguyen. She should be coming through the door any moment.

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And our board member, Ryan McAdams.

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Present, Mr. Chairman.

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Also, here is our attorney, Hillary Emerson, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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Recording of the hearing will be posted on the ZBA website by participating in your 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, 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 a 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 registration.

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

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Call 267-270-5548.

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Leave a message that includes your email address and the address of the property of the appeal case.

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following guidances for remote attendees when directed you must raise your virtual hand in

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order to be recognized to speak if you're called to testify you will be prompted to join as a

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panelist please accept the request and turn on your turn on your camera the webinar q a is for

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questions about the hearing do not comment on cases in the q a and if you're participating

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by phone press star nine to raise your hand and star six to unmute for in-person attendees

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please refrain from talking, eating, or drinking during the hearings. Verbal and physical aggression

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will not be tolerated. Restrooms are across from the elevators. A water fountain is just outside

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the room to the right. When speaking on the record, you must speak directly into the microphone in

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order to be heard by all attendees and the court reporter. In the event of an emergency, please

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follow the directions given over the public address system or by the staff. The main exit is

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the double doors at the rear of the room near stairwells to the left outside the doors in case

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of an evacuation the rally point is love park directly across art street please remain there

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so we can account for you so let's look at our schedule for this morning number seven

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m i 2025 002755 um 1828 north natrona street rested rasdell choice is the owner applicant

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mr choice

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good morning chair i'm kareem mckintana i'll be your your co-host for today thank you

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would the applicant please raise your hand

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chair they're going to be promoted to panelists okay thank you

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this is the photos right

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chair i think that person was the uh they raised their hand in error would the applicant please

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raise their hand this is 1828 north natrona street rasdale choice

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rasdale choice please raise your hand

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okay i don't see any hands at this time chair oh hold on one second chair uh we have a hand

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raised from pastor tyrone williams sure mr williams getting reverend come on okay i'm going to allow

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them to speak good morning chairman good morning good morning pastor could you please state your

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name and spell for the stenographer sure my name is tyrone williams uh do you swear or affirm to

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

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tell the truth.

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Yes, I do.

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Pastor, we haven't seemed to locate the appellant in the case.

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Yes, I hear.

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I just want to give you our position.

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So you might have received three pieces of documentation, actually.

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First was our letter of support.

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and that was because of me reverend we're we're okay with that but we're okay you know we're

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probably not going to be able to go on with him not coming on and we'll have to at least continue

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at one time i understand it okay all right thank you for taking the time and as usual to call us

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and keep us abreast yes sir have a great day have a good day all right so um mi 2025 002 755 1828

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north natrona street this case is continued to 6 10 26 at 9 30 a.m must be will marked must be heard

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number nine

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mi um 2025 003 814 325 west glenwood avenue number b robert gomez and el torturias pizza

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is the listed applicants um there's also a request from contingent from i say the rco

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uh and there are no exhibit this is our second listing

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el tortas pizza and grill

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chair i don't see any hands up at this time

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okay so mi 2025 003 814 325 west glenwood avenue i vote to dismiss and uh

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waive the two-year rule michael johns my vote is to dismiss and to waive the two-year rule

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Cheryl Gaston, my vote is to dismiss with proviso.

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There we go.

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Tanetta Graham, my vote is to dismiss with proviso.

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Ryan McAdams, my vote is to dismiss with proviso.

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Okay.

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Thank you.

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Number 10, MI2025-004255, 5601 Hunter Street, Bernan Anastasio is the attorney.

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There's a request for continuance from Overbrook West Neighbors Incorporated.

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Anyone for Overbrook Nest Incorporated and Attorney Anastasio, please come on.

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Mr. Anastasio, Chair, we have a hand up from Gregory Allen.

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Do you wish for them to speak?

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Yes.

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Okay, I'm going to allow them to speak.

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good morning chair and board good morning could you please state your name and spell for the

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stenographer gregory allen g-r-e-g-o-r-y-a-l-l-e-n right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do okay mr anastasio

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Chair, Mr. Anastasio is being promoted to panelist.

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Okay.

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Good morning, Mr. Chair.

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Good morning, counsel.

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So could you please state your name and spell for the stenographer?

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Sure.

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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, sir.

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Mr. Allen, you have a request for a continuance.

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Yes, sir.

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Should I explain?

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Sure, sure.

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Why don't you tell us why you want this request?

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So Mr. Anastasio and I have tried to work this out since June.

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There have been several starts and stops.

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Just recently, this month, we had a virtual meeting that was announced as both public and virtual.

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So Vern called me, Mr. Anastasio called me and asked if we needed to, we could schedule something else.

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We did that the following week. Mr. Anastasio and the owner were not able to make that meeting because that meeting we decided to schedule in person.

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So because that meeting we decided to schedule in person, and so now we're just asking for a little more time.

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I think Mr. Anastasio and I have agreed on February 17th, so that's where we are, I believe.

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All right, Mr. Anastasio, you're up.

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Yep, Mr. Chair, we've met our burden as far as meeting with the community.

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We've already submitted evidence for mailing.

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We met.

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There were half a dozen neighbors that did attend.

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And we have no problem meeting again with the community, but we do need to proceed today.

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And, you know, whether it be a full hearing with disposition or a full hearing with a resumption, we need to go on today.

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My client will be prejudiced otherwise.

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And because we've met all code requirements, we are entitled to be heard today.

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All right, Mr. Allen, we're going to go forward today and see what testimony we have, whether or not we need a resumptive hearing or not.

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but we will go forward with this today. My concern is that the community is prejudiced by not having

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a full meeting that was announced in writing to them by postal mail. So the original mailing that

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was sent announced it as public and virtual. Mr. Allen, we're going to move on with it and we'll

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we'll evaluate whether or not we need a resumptive hearing as when we go through the case, okay?

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and you will you will have more than an opportunity to testify and i would think

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we should get to that and maybe within the next hour okay okay thank both of you

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number 11

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mi 2025 004 383 709 pine street that case is continued to 6 10 26

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at 9 30 a.m. and number 14

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mi2025 004 483 2169 66 avenue at cases continued to 6 10 26 at 9 30 a.m.

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are there any other requests for continuance

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share i see no hands at this time all right thank you so number four mi 2020 is zero zero one zero

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one zero 2608 2608 to 18 west dolphin street devon upta is the attorney this is the fifth

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listing we still do not have exhibits

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i see no hands at this time chair okay so mi 2020 001 010 2608 18 west

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often street i vote to dismiss michael johns my vote is to dismiss

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okay uh uh cheryl gaster my vote is to dismiss tenetta graham my vote is to dismiss

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my mcadams my vote is to dismiss hi i went in my vote is to dismiss

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okay all right all right and now we have several withdrawals i want to read

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Chair, I'm sorry to interrupt. We have one hand that just went up from a Brantford Jones. Do you wish for him to speak?

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Sure.

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All right.

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Hello, can you guys hear me?

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Please state your name and spell for the stenographer.

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My name is Bramford Jones, B-R-A-N-F-O-R-D-J-O-N-E-S.

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Do 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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What case do you want to talk about, sir?

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So the case that I wanted to get some clarity on is the 1828 North Antona Street.

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It's being continued again.

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So I just wanted to get some clarity on how many times can it be continued until it's dismissed.

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what was that case against uh looks like it says mi

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zero uh zero yeah so um we're going to hear this one more time and i think i marked this

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must be heard if i remember correctly so one more time sir

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sorry say one more time i said one more time we will hear this case one more time okay thank you

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One more time? Okay. Thank you so much.

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so much thank you all right so our withdrawals

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Thank you. All right. So our withdrawals. Number one, MI 2020, 000059, 5627 to 41 Hegerman Street. The case has been withdrawn. Number two, MI 2020, 000539, 2326 North Park Avenue. That case has been withdrawn.

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Number three, MI 2020-000738-1501-South 12th Street.

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That case has been withdrawn.

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And number five.

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Can we call Mr. Anastasio for number five?

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Okay.

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Thank you for reminding me.

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MI-2025-00001-1016 West Erie.

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Vern Anastasio is the attorney.

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Mr. Anastasio, will you come on?

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Good morning, Mr. Chair, again.

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You've already been sworn.

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Just state your name for the record, please.

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It's Vern Anastasio on behalf of Mr. Raul Zabaleta.

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All right.

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And could you give me the status of the case there?

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We would like to withdraw, please.

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Thank you very much, counsel.

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Thank you.

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calling in so mi 2025 0001 1016 west area avenue cases with withdrawal thank you sir you want to

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go to our add-on list number one mi 2025 002813 6426 castor avenue um uh i vote yes temporary

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variant that expires 1-22-29 and the the business will close by 9 p.m every day am i correct um i

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think i think we wanted to excuse me keep the hours of operation from the prior variants um

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monday through saturday 10 a.m to 9 p.m monday through saturday 10 a.m to 9 p.m

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uh michael johns i certify that i have watched the video recording of january 13th

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2026 a hearing in this matter and uh my vote is yes with proviso

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cheryl gaston my booty chest with proviso tenetta graham my vote is yes with proviso

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ryan mcadams my vote is yes with proviso hi tywin certified that i watched the video recording of

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the November 15th, 2025 hearing in this matter, and my vote is yes with proviso. Thank you. And

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number two, MI 2025, 004-312-1135 Pierce Street, I vote yes with proviso, per refusal dated 1-14-26.

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Michael Johns, my vote is yes with proviso. Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes, with Proviso.

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Ryan McAdams, my vote is yes, with Proviso.

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All right, when my vote is no.

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Okay, we're going to go to number 13, MI 2025-004-391, 909 to 15 North 2nd Street.

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Adam Laver is the attorney.

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

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so adam laver la v as in victor er do you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes mr chairman could you identify your client the relationship to the

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property? Yes. Blank Rome represents North Ball. The corporate name of North Ball is Spare Time

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Incorporated, the lessee of the subject property. The principal owner, Orone Daskal, O-R-O-N-D-A-S-K-A-L,

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is sitting to my left in the hearing room. And our vice chair has a few questions for you, sir.

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Good morning, Madam Vice Chair. Good morning. Have you submitted your documents and exhibits

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five days in advance of this hearing yes miss Graham we have okay and do you waive

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the reading of the refusal and stipulate to its accuracy yes okay thank you you

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