civus
Hearing video

ZBA Hearing - February 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 14, 20245h 47m

Last name Bednar, B-E-D-N-A-R.

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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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Please proceed.

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While this property is currently indicated for residential under city plan, given documented use history, I recommend the request for variance for granted.

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Thank you. MI 2022-001-771-2641 York Street. I vote yes with proviso. Interior trash storage, commercial trash pickup, no outdoor seating, hours of operation Monday to Saturday, 10 a.m. to 6 p.m.

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closed on Sunday, no household living.

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Thomas Holloman, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Thank you, Mr. Masters.

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Thank you so much.

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Okay.

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Number one, MI 2022-005.

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Excuse me, Mr. Chair, just one second.

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I just wanted to note for the record that our alternate board member had to leave,

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So just just so everybody is aware. Thank you. Thank you very much.

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Number one, MI 2022-005-740-115 West Lehigh Avenue. John Taylor is the attorney. There's a letter of support from HACE and a letter of non-opposition from Council Member Lozada.

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There's also the applicant has submitted a petition in support signed by numerous neighbors.

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Mr. Taylor.

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John Taylor, can you raise your virtual hand?

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I did see him, Chair.

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I'll promote him now.

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Okay.

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Mr. Taylor?

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Mr. Taylor?

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He's muted, Chair.

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Okay.

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He's been promoted.

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John Taylor, can you unmute yourself, please?

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He's unmuted.

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Okay.

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Mr. Taylor?

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Looks like he's having technical difficulties.

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There he is.

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Hi, Mr. Taylor.

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Mr. Taylor, could you?

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We can't hear you.

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Could you hear me?

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Yeah, I hear you now.

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

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Good afternoon.

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John Taylor, J-O-N-T-A-Y-L-O-R for the applicant.

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Right.

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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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Could you identify your client in a relationship to this property?

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My client, Mr. Delorbe, is to the right of me.

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He is the principal of the owner of the property, Delorbe and Sons Incorporated.

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Okay.

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And Mr. Holloman has a few questions for you, sir.

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Good afternoon, counsel.

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

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I do, only with the one reservation that this property has been historically used as a takeout sit-down restaurant for many years, almost 40 years at this point.

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okay did you email all the exhibits and documents as required five days in advance to this hearing

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yes i did thank you please proceed and share your screen

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all right excellent

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all right excellent is the board able to see my screen we can excellent all right so this is the

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rco presentation for 115 west lehigh avenue philadelphia pennsylvania to begin i'd like to

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show the refusal basically this was an application for a sit-down restaurant and for a proposed

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warehouse space specifically on the second floor this was in the legalization of an existing use

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that has been going on since 1989. this restaurant is located on the commercial corridor of lehigh

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avenue across the street from episcopal hospital i'd like to show you the application for appeal

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which was submitted prior to my representation here's a copy of the initial poster

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photograph of the initial poster

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was posted on all sides of the building it's a corner building on lehigh avenue

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this is the reposting for today's hearing

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again it's on the front of the building as well as the side of the building

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this is the deed of the property demonstrating that my client is the owner of the property

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the lower bay and sons incorporated has been the owner since 2021 he actually was also operating

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the business before that date now this is an aerial map I'd like to show a picture of Lehigh

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avenue it's a main thoroughfare well known in the city of philadelphia i'm circling the restaurant

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right now did you turn that is it possible you could turn it yeah let me do my let me let me

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try to do that

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see

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All right. We see it. We see it. We see it.

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Again, this is down the street from the restaurant. That's Episcopal Hospital.

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Many customers visit the restaurant from Episcopal Hospital during the working hours.

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This is the zoning map. If you see this X marks the spot.

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This is where the restaurant's located. It's across the street from CMX2.

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And next to a CMX-1, if you notice the purple spot, there's actually a gas station right there.

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Again, here's the restaurant.

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Here's the side of the restaurant.

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This is behind the restaurant.

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There's actually an automobile garage.

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This is the adjacent property.

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It's the residential property.

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Further down the street, there's a supermarket called Finefair Supermarket.

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Right next to the restaurant is actually this gas station, a Liberty gas station.

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Across the street are some commercial buildings.

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Should be noted that there's a great deal of parking across the street, and there's parking in front of the as well.

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Here are some interior photographs of the first floor.

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It's about 1,200 to 1,300 square feet.

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Very nice establishment.

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I actually ate there myself.

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Good food.

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there's another picture of the interior of the building

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this is the back where there's some seating

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there's a restroom now i'm showing you pictures of the second floor

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second floor is used for storage here are some of the storage

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items that are stored in the second floor here's the basement

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it is also used for storage you notice there's a very big freezer

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and another freezer

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x marks the spot that's where the restaurant's located but if you notice there's many many

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restaurants in this area another restaurant uh freddie and tony's is located there it's got

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two locations this is actually a mecca for um latino food from the caribbean these are the

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floor plans i want to go a little bit closer to these floor plans here

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shows the layout of the structure here's the front serving area sit-down area bathrooms

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and here's the kitchen where the food is prepared

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again here's another floor plan it shows the basement

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there's a cold room freezers upstairs serving area for the kitchen seating room

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seating room you have one two three four four tops and the kitchen multiple sinks stove

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You have one, two, three, four, four tops.

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and the second floor which is used solely for storage nobody lives on the second floor

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nobody's intended to live on the second floor

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this is an interesting it shows the history of the property it shows that there are prior

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and existing food prep permits assigned to this property here's an active one for scales and

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scanners this is to my client de l'orbe and sons incorporated back in 2010 there was another food

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prep and serving permit issued by the city of philadelphia ironically to my client this was

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before my client was the record owner but when my client operated the restaurant again a restaurant

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been operating here since the late 80s

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2004 again look another food prep and servicing license okay this is the prior owner

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miss milagros back in 2004.

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and here's again here's the dumpster license again it's inactive but it's showing that this property

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back in 2004.

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Mr. Taylor, I think you've made your point.

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Here's a tax certificate.

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My client's taxes are up to date.

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It's February 9th, 2024.

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RCO notices.

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I wasn't retained at this time,

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but RCO notices were sent out.

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And here's confirmations

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that they were mailed out.

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so you also have support from the RCO am I right we have support from the RCO there was

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five votes in support

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and zero votes against

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and zero abstaining votes.

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Okay.

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We have a neighbor's petition.

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This is a

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use

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that conforms with

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Lehigh Avenue. It's been a use

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that's been over 40 years.

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It will not impact

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light in any way.

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it will not impact congestion in any way again it's across a commercial corridor there's multiple

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restaurants within that area it is next to a gas station is across from a commercial space

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it is down the street from a hospital and is next to a supermarket it is a appropriate use

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and um it should be the variance should be granted uh so why don't why don't you bring

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your client on to adopt your testimony sure i would like you to introduce you to my client

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Mr. DeLorbe?

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Sir, could you state your name, please, and spell for the court's stenography?

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Carlos DeLorbe, C-A-R-L-O-S, DeLorbe, D-E-L-O-R-B-E.

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Right.

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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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Please proceed, counsel.

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Mr. DeLorbe, did you hear the testimony or the statements that I made today to the Zoning Board of Adjustment?

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Yes.

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Are the statements or testimony that I made today to the Zoning Board of Adjustments true and accurate?

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Yes.

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Do you adopt my statements or testimony, what I said today, to the Zoning Board of Adjustment as your own?

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Yes.

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Thank you.

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Questions from the Board?

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No, Mr. Chairman.

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no chair questions or comments from our attorney hillary emerson

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mr chair i just wanted to note that we also received a letter of non-opposition from

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council member lazada yeah yeah um questions or comments from the virtual audience

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no hands chair planning commission so ron bednar city planning while the property is currently

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indicated for all residential on the city plan given the documented use history and physical

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condition of the site we recommend the request from parents be granted provided that the second

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floor not be approved for warehouse use only um okay so mi 2022 005 740 115 west lehigh avenue

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I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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James Snell, my vote is yes.

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Thank you, counsel. You have your votes.

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Thank you, man. Be excused.

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Yes, you can.

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Number five, MI 2023-005-132-5234 Locust Street.

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Michael Gumbel is the attorney.

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So your council member Gautier has taken a position of support.

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There's also a letter of support from House Speaker Joanna McClinton.

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Michael Gumbel has been promoted.

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Hi, Mr. Gumbel.

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

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Sure.

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Mike or Michael, M-I-C-H-A-E-L, Gumbel, G-U-M-B-E-L.

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Right.

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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.

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Could you identify your client, the relationship to this property?

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Yes.

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Redemption Housing Incorporated, which is the owner of 5234 Locust Street.

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And Mr. Holloman has a few questions for you.

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Good afternoon, counsel.

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

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I do.

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