civus
Hearing video

ZBA Hearing - October 2, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 2, 20245h 55m

Mr. Consul.

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Hey.

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And you're in.

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Here you go, Mr. Consul.

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Just for the record, state your name.

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Joseph Consul.

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All right.

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There's a letter of non-opposition of the Center City Residence Association with enforceable provisos.

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Could you identify your client and the relationship to the property?

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Yeah, my client is Florian Furque.

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He is the owner of the Leesor Company, which is Taco Delphia.

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our vice chair has just a few questions

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good afternoon council do you agree to wait another refusal or stipulate to its accuracy

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yes have you emailed in all the required documents and exhibits that's needed and required

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to proceed with this case five days in advance of this hearing uh yeah we did we had the tax

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balance but we have a um tax clearance certificate that i believe came in today which

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good and i'll see it up on the screen as well okay thank you please proceed um council okay

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uh my client is florian firq he has one location of taco delphia which is on broad street

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uh broad and lombard it's been successful for a number of years he's seeking to open another

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location at 2051 walnut street it is going to be an eat-in with only 10 seats and take out

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restaurant. Primarily, he does grab and go. You can think of it, you know, as like a Chipotle

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You know, it's like a Chipotle sort of thing. You put your food together, bowl, you know, tacos, burritos, and you take it and go.

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sort of thing. You put your food together, bowl, you know, tacos, burritos.

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And so we have a referral for eating and drinking establishment, takeout restaurant.

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And we're here to seek approval for the referral.

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Proof of mailing. Letter to the neighbors. Postings.

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This is the property. It's the corner of 20th and Walnut.

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He's got an entrance on one side and then an entrance on the other side here regarding things like trash.

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This building, because it's a larger building with a lot of units, is providing its commercial tenants with trash pickup as part of his lease.

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And there's trash storage in the back of the building, which you can't see in this photo, but it's where all the tenant trash ends up.

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And it's where all the commercial trash from this property will end up and will be taken out.

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There's also a coffee shop further down the block here as part of the same building.

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We went in front of CCRA.

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We got their non-opposition.

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They told us they don't issue support.

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and so that's what it is. My client has a five-year lease with several options to renew

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for five years after that, assuming all goes well. We have the plans that show the interior layout

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and you know here's we've got like the 10 seats to just two tables of four and then two counter

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seats, the kitchen layout, the bathroom layout and everything like that that's required for

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the outfit of this property. We discussed with the RCO things like delivery times and this,

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that, and the other, and they seem to be on board. They put some provisos in their letter.

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All takeout food should be provided in bags displaying the restaurant's name. My client

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does that already. All trash will be internally stored. We've agreed to that in the rear of the

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building. And deliveries were made through the side entrance on 21st Street. I showed you all

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the side entrance uh which is like further down in this picture here um besides that it's should

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be a nice addition to to this block and i don't believe we have any opposition so i'll ask my

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client florian for a cue to raise his hand if i could there it is from a different angle

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could you please state your name and spell for the stenographer florian please unmute yourself

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Yeah, just did.

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Why could you please state your name, sir, and spell for this?

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My name is Florian Forgiu, F-L-O-R-I-A-N, and the last name is F-U-R-X-H-I-U.

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

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I swear.

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Please proceed, counsel.

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Good afternoon, Florian.

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How are you?

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Hey, John.

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did you hear my testimony just now yes i did uh your second location of taco delphia proposed at

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2051 walnut street yep do you agree with my testimony and do you adopt it as your own

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i do thank you nothing further questions from questions from the board

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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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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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David Vecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the CMX4 commercial mixed-use zoning at this location.

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The appellant has shown that the proposed use will not cause detrimental impacts beyond what might normally be expected.

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The City Planning Commission recommends the board grant a proposed special exception for a takeout restaurant.

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MI 2024-004-870-2051, Walnut Street.

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Excuse me, Mr. Chair, I'm sorry.

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I just wanted to mention, if the board is inclined to grant,

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I would include a proviso that the use is limited to the first floor

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because there are other uses in the building.

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Yeah, you have it.

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Okay, thank you.

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It's there.

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Thank you.

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MI 2024-004-870-2051, Wilmington Street.

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I vote yes with provisos.

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Interior trash storage, all deliveries through the side door on North 21st Street, and use limited to first floor.

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My vote is yes with provisos.

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Cheryl Gaston, my vote is yes with provisos.

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Tannetta Graham, my vote is yes with provisos.

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Iowyn, my vote is yes with Proviso.

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Iowyn, my vote is yes with Provisos.

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Ishmael Shaheed, my vote is yes with Provisos.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you, Mr. Counsel, you have your votes.

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Thank you, Lord.

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Is there anyone in the virtual audience whose case has not been called?

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I've seen no hands, Chair.

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We're going to take a five-minute break, then we're going to come back and do the 3.30 list.

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I think we only have two cases, so we'll be right back.

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Thanks, everybody.

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Okay.

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We have nine attendees, so you can start as you wish.

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

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our Board Member, Tanetta Graham.

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Present, Mr. Chairman.

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Our Board Member, Michael Johns.

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Present, Mr. Chairman.

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And our board member, Taya Nguyen.

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Present, Mr. Chairman.

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Also present is our attorney, Hillary Emerson, and our deputy director, Kathleen Grady.

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Here's our virtual format.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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Video will be available by contacting ZBA Executive Director at phila.gov.

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For a court stenographer, we ask attorneys and witnesses to identify themselves before testifying. If you're participating by phone, press star nine to raise your hand and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email address and the address of the property in question.

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And finally, the question box on the screen is not for testimony.

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All questions relative to that should be referred to with our Deputy Executive Director, Kathleen Grady.

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Let's go look at our schedule for this afternoon.

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Number two, MI 2024-002-779-6907-211 Tarsdale Avenue.

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That case is continued attorney moving party.

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Number five, MI 2024-003-189-2230-232 East Venango Street, Cases Continued, Attorney Moving Party.

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And number six, MI 2024-003-191-10800 Busselton Avenue, Cases Continued, Attorney Moving Party.

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Are there any other requests for continuances?

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Good afternoon, Chair. This is Javette Benton. I'll be your co-host for this afternoon. I see no hands at this time.

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All right, thank you. So, number one, MI2023-002-575-6531 North 7th Street.

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Owner applicant is Ortelin Bowser and also Ortelin Zagarin. No exhibits, fourth listing.

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we believe there may be a withdrawal here that we're waiting for a letter

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is there anyone in the audience

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chair we have verne anastasio with his hand up

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anastasio

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okay he put his hand down share i don't see any other hands so we're waiting for a letter but

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this is our fourth listing we still do not have any exhibits so mi 2023 mr chair i just want to

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know for the record um we received uh an email request for withdrawal not from the applicant

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but someone else. We told them back in July that a written letter needed to be submitted from

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the owner applicant that we have not received to date. So I'm going to request a dismissal for

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this. So MI 2023-002-575-6531 North 7th Street, fourth listing, no exhibits. I vote to dismiss.

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Michael Johns, my vote is to dismiss. Cheryl Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Taya Nguyen, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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And number four, MI 2024, 003-148-2838 Hansel Street.

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This is the first listing.

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Albert Bursareth is the listed owner.

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It's pro say.

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No exhibits.

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Mr. Bosa-Doreth.

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Mr. Bursareth.

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I see no hands here.

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MI 2024-003-143-2838 Cancel Street.

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Cases continue. Mark must be heard.

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And then I have

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Number three

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MI

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20

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24

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003

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041

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2832

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Carl Street

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Catherine White

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Is the listener

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Owner

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Applicant

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We have an email

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Received from someone

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we need a letter requesting a withdrawal. Is your Catherine White in the audience?

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Chair, we have a hand up, but the name is not Catherine White. The name is Yvette Young.

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Let's see if they have anything to do with the case. Yvette Young,

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please unmute yourself and wait for the chair.

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Yes. Did you call 6531 North 7th Street?

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Ma'am, that was an add-on on the 2 p.m. list. That was voted some time ago.

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chair you can continue

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do we see anybody with number four there are no hands about this time chair

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so mi 2024 003 143 2838 cancel street cases to continue mark must be heard and then i also have

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the catherine white do we see anything with catherine white for the withdrawal

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2832 Carl Street

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there's no one in the audience

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by that names here

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this is still the first listing

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so MI 2024

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003 041

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2832 Carl Street

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cases continued

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Mark must be heard

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start with number 8

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MI 2024

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005

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594

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9901

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Frankfort Avenue.

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Anastasia is the attorney.

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Mr. Anastasia is coming back in as a panelist here.

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Good evening, Mr. Chair.

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This is a reconsideration hearing. Could you identify your client?

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Yes. Relationship to the property? Yes, Mr. Chair.

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I represent Ms. Natalie Ramos, who is one of the owners of the property in question.

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All the prior testimony from the prior hearings, we've adapted and we will have that.

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I understand that you have some additional information you would want to provide or new information.

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Yes, sir.

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Why don't we start with that?

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And my understanding, just so you know, we're not going to vote on this today because we won't have other people look at the film that we have the video from before.

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