civus
Hearing video

ZBA Hearing - September 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 18, 20245h 49m

With provisives.

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Thank you.

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Thank you, council.

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Thank you.

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Have a great afternoon, everyone.

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Thank you.

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All right.

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Number 18, MI-2024-003175.

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6709 s18 avenue attorney is dennis george

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6709, S18 Avenue.

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Attorney is...

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dennis george is coming in as a panelist

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good afternoon mr george

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good afternoon mr george

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this is mr george

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i did promote video yeah i got it i'm sorry my apologies good morning

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2000 market street suite 1440 philadelphia 19103 on behalf of jk realty which is the owner of the

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property and pacifico hyundai let me share you also state your name and spell it for the record

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D-E-N-N-I-S, last name G-E-O-R-G-E.

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

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I do.

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This use is for removal of one existing illuminating freestanding sign to install a double-faced illuminated freestanding sign.

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Please proceed.

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Well, hold on one second.

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

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Yes, we do.

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And you have emailed in all of your documents five days in advance of this hearing.

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We have.

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I do not see a record of your RCO letter coming in.

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The RCO letter was submitted this morning by the RCO, and I think Craig, he's in the audience and could testify.

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Hillary, did we receive that?

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I believe so.

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Give me one second.

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we did receive a couple letters from Mr. Melodosian this morning.

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Yes, this is Essington Avenue. We did receive that, and it is a letter

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of support. And as Mr. George mentioned, Mr. Melodosian is here as well.

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Thank you. Okay. Please proceed, Counsel. Thank you. The application is for a replacement of

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an existing sign. What I'd like to do for the board is go right to the current signage so you

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could see what we would like to do. Hyundai of America has requested that its dealers change

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its signage to a different color. As you can see on this photograph, there is the current Hyundai

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sign, which is the silver and blue. What our proposal is, is to replace that existing sign

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with a new sign with the new color scheme proposed by Hyundai on the existing foundation.

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It would be the same exact size of the current sign. I would like to go to the revised proviso

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which is number seven on our list and show you the color scheme that they have suggested.

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this is the new hyundai color scheme and the sign would be basically the same as the existing sign

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except it's a two-faced sign we would have to change the color we have gone before the

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the rco which is has a letter of support i've also submitted the revised plans

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which corrected the original submission, and that would be our request to the board.

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All right.

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Can we bring your client on?

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Yes, Thomas Flynn.

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Mr. Flynn, can you please promote?

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Tom Flynn has been allowed to speak.

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Good morning.

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Good morning.

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Good morning, Mr. Lane.

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Can you please state your name as spelled for the court reporter?

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First name Thomas, T-H-O-M-A-S, last name Flynn, F-L-Y-N-N.

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

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I do.

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Proceed, counsel.

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Tom, have you heard the presentation I made to the board this morning?

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Yes, I have.

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And is it true and correct and accurate as to the best of your knowledge?

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Yes, it is.

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And do you adopt the testimony as your own?

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Yes, I do.

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Mr. Chairman, that would basically be our presentation.

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We're more than happy to answer any questions the board may have.

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I'm just a question from the board.

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Understood.

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Questions from the board.

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Thank you.

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You kind of add something.

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Yes, I guess.

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So let me make sure I understand the current sign is only one side.

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It only has one face.

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No, it is a double face sign.

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The current sign.

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Yes.

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and then this one would just be this this the same exact sign with a different color scheme

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so it's just a different it's just the the manufacturers sometimes require that the

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dealers change their signage to meet the manufacturer's signage requirements

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and that's what we're looking at the pacifico has built a state-of-the-art facility

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uh at the location with a brand new hyundai dealership showroom service center and as part

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of that the manufacturer requiring the sign change okay because the refusal is making it well okay

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so you're just it's going to be the same signs on both sides but just a different color and design

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yes same size on the same foundation we're just removing the old one and have to put a new one

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at the cost of the dealer this is what the manufacturers do sometimes okay all right thank

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you any other questions from the board

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uh questions from our attorney hillary emerson um yes mr vice chair um i i would just ask if

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we could hold the vote one week because i need um i looked over the revised plans and looked over

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the original plan submitted to lni and i'm not clear what should be stamped so i don't want to

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suggest a proviso for a certain number of pages and stamp them and then have that confuse lni so

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i just just need a just need the week to check with lni make sure we know exactly what um what

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needs to be stamped and then we can vote it with the appropriate proviso next week i will do that

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on the 930 list yes we will thank you questions from the virtual audience

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yes I have Craig Melodosian will be allowed to speak

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Mr. Melodosian you've already sworn yourself in

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yes Vice Chair Shaheed this is Craig Melodosian I just wanted to confirm that

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a community meeting was held 8-26-2024 that we are in support of it

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This is consistent with other applications that we've received from dealers along Essington Avenue in association with the national manufacturer requesting a change in association with the rebranding of the image we supported.

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The others, one of them was through the Pacifico family, as well as another one through General Motors.

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So this is typical for Essington Avenue.

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And we've done similar for an assembly and entertainment venue on the Avenue, too.

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Thank you.

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Thank you.

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Anyone else in the virtual audience?

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There are no more hands.

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Planning Commissioner.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning at this location from the existing

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medium industrial I-2.

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The proposed use is consistent with documented prior use.

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The Planning Commission recommends that the board grant the variance for a second

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free standing sign.

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Council, as our council stated, we're going to hold this case and we'll vote for it

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next Wednesday on

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the 930 list once we

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receive all the updated

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plans from L&I.

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All right.

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Do you have any more questions for us?

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No. Thank you.

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Thank you.

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Is there anyone else out in the virtual audience

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that case has not been heard yet?

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I see no hands.

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Thank you. And board, I

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apologize. A little cold in the beginning, but I had to get going. Thank you all. See

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you all at 2. Good job, Mr. Vice Chair. Good job. You did well. All right. You have a good

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one. Why don't we start? Good afternoon, everyone. My name is Bill Bergman, and I will be chairing

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this afternoon's EBA hearings.

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With me is Cheryl L. Gaston, our board member.

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With me is Cheryl L. Gaston, our board member.

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Cheryl L. Gaston, President, Ms.

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Present, Mr. Chairman.

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Tanetta Graham, our board member.

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Chairman.

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Michael Johns, our board member.

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Here, Mr. Chairman.

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And Taya Wynn should be on very shortly.

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Also present is our attorney, Hillary Emerson.

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And also our deputy director for planning and zoning, Kathleen Grady.

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Here's our virtual format.

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proceedings are being recorded with your participation you agree to be recorded

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the video will be available by contacting

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zba executive director all one word at phill.gov that's zba executive director all one word

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at phill.gov for our court stenography we ask attorneys and witnesses to identify themselves

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else before testifying. If you are participating by phone, press star 9 to raise your hand and

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star 6 to unmute. To enter an appearance statement, call 267-270-5548. Leave your email address

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and address of the property in question. Finally, the question box on the screen is not for

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testimony. All testimony requests or comments should be directed to Kathleen Grady, our Deputy

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Director for Planning and Zoning. Let's look at our schedule for this afternoon. Number

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number three, MI 2024, 002319, 4309-31 North Lawrence Street. That case is continued.

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Number five, MI 2024-002-411-3212 West York Street. That hearing in this matter has been rescheduled to Wednesday, October 9th at 2 p.m.

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Number six, MI 2024-002-412-3210 West York Street. The hearing in this matter has been rescheduled to Wednesday, October 9th at 2 p.m.

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number 12

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mi 2024 004 320 6560 north bouvier street that case has been continued

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are there any other requests for continuances

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good afternoon chair i see no hands thank you very much number one sorry chair um i

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hand went up afterwards from wallace wade okay they will be allowed to speak

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

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good afternoon wallace wade

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mr wade please spell your name for the court stenographer first name wallace w-a-l-l-a-c-e

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last name wade w-a-d-e right do you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes i do counsel mi 2023 004 267 9900 east chelton avenue

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this is the fourth listing we have no exhibits

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correct uh correct um i just took over the case maybe a month a month a month and a half ago

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i'm from another attorney i'm asking what would uh what exhibits or i thought you guys had

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everything um from my understanding you don't i just

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okay you're breaking up a little bit counsel let me let me tell you what we're going to do

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counsel we're going to continue this one more time the next time it must be heard i would

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recommend that you call the office the phone number will be in the in the chat center they

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will tell you exactly what you need to proceed with this okay thank you i appreciate it all

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All right. I understand. Thank you. And number 14, MI 2024-004-353-222 Hermitage Street, that case has been withdrawn.

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If you want to go to our add-on list, number one, MI 2024-004-131-2520 North Front Street, TE-117074, I vote no.

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dash one one seven zero seven four i vote no michael johns my vote is no

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cheryl gaston my vote is no sonetta graham my vote is no thank you number two mi 2023

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zero zero three one five nine thirty nine forty two wall street

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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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Tana Graham, my vote is yes.

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And number three, MI 2024, 003-915-4040 Walnut Street.

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I vote yes with provisos.

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Her refusal dated 9-16-24 and temporary variance expiring 10-1-27.

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michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso

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tennetta graham my vote is yes with proviso

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thank you we're going to go to our regular list

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number two mi 2024 000 899

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5231 greenway avenue frank turner is the attorney

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Frank Turner, if you're in the virtual audience, can you please raise your hand?

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There's no one with a hand raised by the name of Frank Turner.

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And I do not see him in the audience.

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So MI 2024-000-899-5231 Greenway Avenue. That case is continued. Mark must be heard.

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Number four, MI 2024-002-348-2049-North Randolph Street.

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Vern Anastasio is the attorney.

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Yeah, Vern is coming back in as a panelist.

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