civus
Hearing video

ZBA Hearing - July 23, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 23, 20254h 34m

We've been waiting all day for this, but go ahead.

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Could you state your name and spell for the stenographer?

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Certainly.

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Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass Room, 508 City Hall.

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

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I do.

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Please proceed.

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Councilwoman has no opposition to granting the variance.

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Thank you very much for taking the time to call.

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Anyone else in the audience?

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No further answer, Mr. Chair.

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Army?

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no further answers thank you planning commission thank you chairman and board members good evening

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david effecto with the city planning commission the comprehensive plan recommends no change to

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the rm1 residential multifamily zoning at this location the zoning in this part of the neighborhood

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dates to 1933 the appellant proposes to install projected signs at the entrance to an elementary

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school the appellant has shown that the proposed projecting signs will not injure the use of

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adjacent property the city planning commission recommends the board grant the proposed use

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variance for projecting signs thank you mi 2025 001 548 926 to 76 east chelton avenue i vote yes

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michael johns my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes

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ryan mcadams my vote is yes i win my vote is yes thank you council number 11 mi 2025

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0-0-1-5-5-4

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3220

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South Juniper Street.

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Richard DeMarco is the attorney.

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There's a letter of support from the

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Veterans Stadium Neighbors Civic Association.

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There should be

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coming back in as a panel shortly. Sure.

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Thank you.

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there we go takes forever to join Mr. Chairman hi Mr. DeMarco how are you could you please state

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your name and spell for the stenographer hey it's Richard DeMarco last name spelled d-e-m-a-r-c-o

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

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yes could you identify your client your relationship to the property

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Yeah, Michael Locantor is the owner.

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And do you waive the reading of the refusal and agree with its accuracy?

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Yes.

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Why don't you start your presentation?

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Thank you.

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All right, Mr. Chairman, this is a dimensional variance for, let me put the refusal up.

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Can you see my screen?

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We can.

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is it's the eight foot setback variance for the third story. This this is around the corner from

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me. This is a neighborhood very that I'm very familiar with. This particular street is Juniper

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Street. So the only variance we require is we're asking for is the eight foot to not have to set

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back the eight foot on the third story. This variance has been granted in this particular

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community by this board on several other very recent occasions that the RCO that I'm also

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involved with is fully in support of these types of variances, especially on Juniper Street.

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So what I want to show you about that is the Juniper Street properties, this is the front

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photo, they're very shallow. So if you look here,

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they're very shallow. So if you look here, you only have basically a 36-foot depth of the

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property. So when you do the third story, if you have to set back the eight feet, it cuts in

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significantly into the third story and makes it extremely difficult to pull it off. I'll show you

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the site plan real quick, and you'll see what I mean. I'm sorry, I meant the floor plan. If you

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look at the floor plan here, this is the stairwell that's already existing, and you have to connect

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the stairwell to that third story. So the eight-foot setback does create a very difficult

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situation. We as a community have supported these types of variances. The neighbors were

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not in opposition. As a matter of fact, a few people came in and support. Other people do want

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going to do this type of thing in the future. I don't know that I will be doing it, but many other

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people have taken advantage of it, and we do as a neighborhood support that because the properties

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are only two stories, and it's a nice neighborhood, and they're very squat properties. They have some

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good open space, but they're very shallow. The tax clearance, so to zero tax balance,

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The only other thing I want to say about that, he did try to download it. It was saying that he passed the tax clearance, but he was unable to download the actual sheet. But there's a zero tax balance. And I know that we're sure that he's clear, but we had trouble getting the actual.

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I think we're okay with that.

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All right. Very good. So I'll ask, under those circumstances, we have support from the RCO. The neighbors are in support of the variance. I'll ask you to promote Michael Locantore to panelists so he can adopt my statement.

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My statements.

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So, Mike, raise your hand virtually at this time.

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We'll be back in as a panelist shortly, counsel.

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Mike, can you hear me?

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I can hear you. Can you hear me?

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Yes, sir. Michael, could you, thank you.

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Could you state your name and spell for the stenographer?

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Michael Locontore, M-I-C-H-A-E-L-L-O-C-A-N-T-O-R-E.

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

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I do.

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Mr. DeMarco, please proceed.

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Mr. Locontore, did you hear my factual presentation of the board today?

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I did.

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It is a true and accurate. And can you adopt it as your formal testimony in this matter?

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Yes, I can. Mr. Chairman, with that, I would move into move my exhibits in the evidence, ask and I rest.

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Thank you. Questions from the board. A little punchy after all that waiting.

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How many other third story editions have been built on Juniper Street?

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uh on juniper

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i believe there's three three three yeah and i know gary street has has one uh my block has

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three neighboring block has two um yeah and do any of the ones that have already been built

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Did they also skip having the third floor set back?

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They all have not stepped back, and they have all received variances for that.

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There's maybe one or two that predated the change to the code that required this variance,

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but this board has granted, I think, about eight of the variances recently on this.

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Okay.

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And have you talked to your contiguous neighbors at 3222 and 3218?

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Yes. Yes, I have. And are they both in support of your proposal?

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Full support on board with it. Yeah, I did instruct Mr. Locontore to speak with them and he did so.

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And no one was in opposition at the neighborhood meeting.

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Okay. And then what's the proposed new use for the third floor?

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I'm sorry. You want to go ahead, Mike? It's the single bedroom for the single family home.

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Yeah. So basically the third floor, we're just going to have master bath, master bedroom. We're going to have the washer and dryer up there and a closet, walk-in closet for the bedroom.

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Okay.

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Other questions?

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And this will still have a driveway? Does it have a driveway?

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Yes. There's a driveway in the back of the house as long as with a parking spot.

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Okay.

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Yeah, there's a private rear drive that serves all of the homes on.

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Yeah.

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Yeah.

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Okay.

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Yep.

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that's right here questions questions or comments from our attorney hillary emerson

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That's right here.

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Questions or comments from our attorney?

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not at this time mr chair questions or comments from the virtual audience

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you're not seeing any hands raised for the matter mr chair planning commission

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good evening chairman and board members david effecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rsa5 residential

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single family zoning at this location the city rezoned this neighborhood in 2018 in accord with

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recommendations in the comprehensive plan at that time this property was zoned rm1 residential

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multifamily the appellant has not shown that they would suffer an economic detriment if they were

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forced to comply the dimensional requirements in the rsa5 zoning district city planning commission

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recommends the board deny the proposed dimensional variance thank you mi2025 001 554 3220 south

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Juniper Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Ryan Wood, my vote is yes.

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Thank you, Mr. DeMarco.

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Thank you, everyone. Have a great night.

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Is there anyone in the audience who a 2 o'clock case has not been called?

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Don't let any answer, Mr. Chair.

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Okay, we're going to go right to the 3.30 list.

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good afternoon everyone my name is bill berkman and i will be chairing this meeting of the zoning

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board of adjustment with me is our board member cheryl l gaston president mr chairman board

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member tanetta graham president mr chairman or board member michael johns president mr chairman

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our board member ty winn president or board member ryan mcadams president mr chairman also

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President is our Attorney Hillary Emerson, the Zoning Board Director Ian Haggerty, and our Board

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Administrator Lakeisha Dandy. A record of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded. This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you call to speak, you must state and spell your name

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and then wait to be sworn in. Once you've been sworn in, please state your name each time before

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beginning your testimony any person may enter their appearance to become an interested party

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to a case there are three ways to enter your appearance you can identify the case property

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address on your zoom webinar you can see a staff member or you can call the cba appearance line

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by the close of business tomorrow call 267-270-5548 leave a message that includes your

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email address and the address of the property appeal case the following guidance is for our

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remote attendees. First, when directed by the chair, you must raise your virtual hand

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in order to be recognized to speak. Second, if you are called to testify, you'll be prompted

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to join as a panelist. Please accept the request and turn on your camera. Third, the webinar Q&A

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is for questions about the hearing. Do not comment on cases in the Q&A. And fourth, if you're

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participating by phone, press star nine to raise your hand and star six to unmute. Let's look at

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our schedule for this afternoon.

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Number four, MI-2025-000-943-3210,

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and North 5th Street.

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This case is continued till

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2-11-26 at 3-30.

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Number 5.

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MI 2025,

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000-972-5200 Comley Street.

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This case is continued

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to 2-11-26 at 3-30.

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are there any other requests for continuance

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good evening mr chair this is jason hander i will be your co-host for the session

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i have a hand up from evie riaz i will allow them to speak

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hello good afternoon i'm here um for 45 30 brinkston rigston street 45 30 um

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hold on one minute 45 30 blackston street are you the owner are you no i'm the expediter

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the original expediter gone and he had an emergency we need to talk to the owner is

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He had an emergency.

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We need to talk to the owner.

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Is the owner here, please?

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The owner here, please.

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No, the owner's not here.

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No, he's the owner.

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Okay, they're going to continue?

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They're asking for a continuance?

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Correct.

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Number three.

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Sorry, Ms. Reyes, we'll take the request this time,

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but please note that we really need to receive these requests

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from the property owner who is seeking the variance.

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Okay, thank you.

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So when is the continuous day?

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We'll give that to you now.

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Okay, thank you.

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My 2024-005-972-4530 Blackston Street.

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This case is continued to 2-11-26 at 3.30 p.m.

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And Ms. Reyes, one additional question.

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Will the property owner need an interpreter for this matter?

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Yes, thank you so much.

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What language?

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Spanish. Okay. Thank you. Thank you. Have a good day, everybody. Bye-bye.

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So, number one, MI 2024, 005-959, 1300-02 Harrison Street. No exhibit, second listing.

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The list of the owner is Jermaine Oates.

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Yeah, I do not see any hands raised, for that matter, and I do not see that person's audience.

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Thank you. So this is the second listing. We have never heard from the listed owner. MI 2024-005-959, 1300-02, Harrison Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Ryan McAdams, my vote is to dismiss.

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Iowan, my vote is to dismiss.

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And number two, MI 2024-005-964-1444 North 2nd Street.

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Elizabeth and Pablo Massas are the listed owners.

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