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Hearing video

ZBA Hearing - September 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 11, 20245h 12m

to proceed with this case five days in advance of this hearing i have thank you very much

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Please proceed and share the screen.

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Thanks.

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I've already started sharing my screen.

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I have a 97-page exhibit binder that I'm moving into evidence this morning, along with my client's testimony.

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Here is the letter that was mailed, the meeting that was held, and the proof of mailing.

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I just received an email from another RCO.

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I think it was Swamp Poodle, something about another meeting.

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Something about another meeting. Wasn't aware of that, but we're willing to meet with anybody, of course. But we did meet with all in the family.

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I wasn't aware of that, but we're willing.

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well the application is this is a rough block uh to say the least there's uh about 10 vacant lots

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on our side of the block alone there are several multi-family dwellings on the block and

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as you're going to see here this application is for a three-family dwelling

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uh the property is zoned rsa 5 but this would be a complete rebuild um renovation and to do a

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complete rebuild renovation of a single family home on this block uh it would stay empty for

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a very long time unfortunately it's just not marketable we've got

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a two-bedroom unit on the first floor we have a rec room in the basement with utilities that's

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attached to the first floor unit we have a one-bedroom unit on the second floor

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and a one-bedroom unit on the third floor this does say two bedrooms here but this room would

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be the living room as part of the eat-in kitchen okay attorney uh astacio could we make that a

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little bigger please yes ma'am a little hard to see i apologize i apologize for that it's hard for

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me to see okay there you go again the only two-bedroom unit would be on the first floor

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everything else would be a one-bedroom unit on the second and third.

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And was that a bi-level? I'm sorry.

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The only bi-level, it's really not much of a bi-level, but it would be the first floor

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would have access to the basement.

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Okay.

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Where there'd be a washer, dryer, a powder room, like a TV room.

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as i said

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this is the property in question here the red painted home next to it is a a vacant property

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loan vacant there's several vacant homes on the block and if like as i said there's more than 10

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vacant lots on the block, and several of the single-family homes have, in fact, been converted

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to multifamily.

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Let's take a look at the interior.

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So you see that it's in major disrepair.

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It's been in pretty bad shape for quite a long time.

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Get you some interiors here.

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The property has good bones, though, and some really nice architectural features that my client has expressed an interest in maintaining.

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Of course, my client is aware that they'd be subject to the International Building Code with a three-family dwelling, so it'll be the only sprinklered, fully sprinklered building on the block,

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which is important and imperative especially considering the fact that a long vacant home

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is right next door that has been subject to squatters in the past

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let me give you a feel for the interior

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We also show you the, as the chairman mentioned, we have, sorry, 31 signatures of immediate

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neighbors all in support.

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They were very excited that this long-neglected property would, in fact, be rehabilitated, and they're hoping additional properties, including the one adjacent, will someday be rehabilitated as well because of the condition of the property, because of the longstanding vacancy, and because it would be impracticable, impossible to rehabilitate this property as a marketable single-family home as it currently exists.

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on this block. We respectfully request the granting of the variance in accordance with

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the support of the 31 immediate neighbors. And with that, I'd like to call Ms. Chantel

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Johnson to the stand to be sworn in.

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To the stand, to be sworn in.

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Chantelle Johnson has been allowed to speak.

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

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Hi, Chantelle Johnson, C-H-A-N-T-E-L-L-E-J-O-H-N-S-O-N.

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You swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed, counsel.

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Thank you, Mr. Chairman.

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Ms. Johnson, did you hear my presentation to the board this morning?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes, it is.

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Do you adopt it as your own testimony?

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Yes.

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Thank you.

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I have nothing further, Mr. Chair.

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Why shouldn't your comments from the board?

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Do we know if in the RCO meeting, and I know you just said Swamp Poodle wanted another meeting,

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if there's any kind of discussion on the number of units, like a duplex versus a triplex,

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is that one of the issues that came up? That did not come up at the meeting, no.

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If it were a duplex, we would have to make one of those units a very large

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bi-level unit. And I think we would run into the same problem with, can we get, after the

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complete rehab, can we get a family in there at an approachable price point with something

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that large other questions for the board yes can you share the square footages of the second and

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the third floor apartments like the total square footage of each individually yeah let me see if

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it's on the plan yeah i couldn't see it when you shared it this particular architect usually puts

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it on i'm applying just give me one moment

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I don't see it on here.

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It's usually in the notes box.

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Yeah, it's not in here.

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That said, the lot itself is 960 square feet.

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A little less than that, 915.

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I would venture to guess that the second and third floor units, which will have identical footprints, are in the 700 square feet range.

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And the first floor unit would be a little larger because it also includes some of the basement.

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Okay.

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Other questions?

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I had one more question.

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Do you know if there's any other multifamily conversions on that side of the block?

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Oh, there's several.

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Yes.

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More than more than a half a dozen as the properties began to deteriorate, deteriorate in condition, some families have decided to divide them up in order to keep them going.

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Are they visible triplexes?

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And more.

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Other questions from the board?

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Questions or comments from our attorney, Hillary Emberson.

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Two quick things.

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Mr. Anastasia, did you receive a letter from All in the Family?

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Not to my knowledge, no.

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Okay.

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We have not either.

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And I noticed that on the plans, there was a reference to an addition.

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I just want to note, this is a change of use application only.

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all of that's already been approved okay all right sounds good thank you

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questions or comments from the virtual audience

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yes chair i have a hand up phone number ending in three five five two they have been allowed to

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speak okay hi could you please state your name and spell for the sonographer

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hello hello hi hi could you please state your name and spell for the stenographer

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um yes my name is adrian fernandez my last name is spelled f-e-r-n-a-n-d-e-z for swamp

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little neighborhood parcel association rco and we're one of the affected rcos do you swear or

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RCO and with one of the affected RCOs. Do you swear or affirm to tell the truth the whole truth

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for him to tell the truth, the whole truth.

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nothing but the truth? Yes. Please proceed. Okay um there's a number of misstatements and

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possibly mischaracterizations that Mr. Anastasio is um putting on a record. Um first um there

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there are approximately five or six affected RCOs with its address um one of them was all

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on the family RCO, and they originally were assigned as the RCO coordinator.

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On the family, RCO notified numerous RCOs in our affected area, not just for this address,

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but also in the Strawberry Mansion area, that they no longer can serve as RCO coordinators

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per address when assigned by the council office, and that was because of some other work they

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were going to do that was going to be in conflict.

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So all in the family no longer holds meetings, so I have no idea who we had a meeting with.

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There were no notices sent out, and the 16th, I believe it's the Executive Democratic

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Ward, sent a letter out a while ago saying they were opposed to this variant.

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Swamp rule is also opposed, and ZBA has denied variances on the same side of the street at 2649 on four different hearings, four separate notices of refusal, and 2651.

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Any multifamily, there's been one granted, 2617, which has illegally turned the multifamily into a rooming house.

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there are no other approved legal multi-families on that block because we've done all the meetings

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they were all done by Swampoodle and also by North Central Philadelphia Susquehanna RTO over

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the past 10 years the block captains are they have two co-block captains that live on the same side

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But they are opposed to more multifamilies.

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There are single-family rentals on the block, but they're opposed to more multifamily because they've had a large problem with mismanagement of the multifamily variances that were approved, and there are not many that are legal.

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There was no meeting.

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All-in-Family holds no more meetings.

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They notified many parties, including DBA and Planning Commission, earlier this year.

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I don't have the exact email, but I could find it and send it if necessary.

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We send it, because they sent it out to everybody.

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They, and I think some applicants, did request the District Council 5 to reassign addresses

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that all in the family RCO was the RCO coordinator for.

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And on different occasions, different things happened.

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For this address here, for some reason,

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Allegheny West Foundation thought they were holding a meeting

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for this property on September 17th.

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Absolutely no required legal notices were sent out

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by the law office of Vern Anastasio for either RCO

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to any affected RCOs, and we are requesting that this be denied or dismissed, either one.

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As far as any additions, that was also on the block.

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They don't want any additions.

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They say it affects the light in their yard.

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Some of them have gardens, some of them don't.

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And we have no knowledge of approval for additions.

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We have no knowledge of anything.

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We have no plans.

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We have no information.

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We had no legal notice of any public meetings, but Allegheny West Foundation is still under the impression that this applicant party was going to attempt to come to the September 17th meeting.

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I don't think they received a response back, though, but they did email a request.

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They did request this applicant party.

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Are you going to come to the meeting of September 17th?

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And they requested a while ago.

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On 7-29-24, Mr. Anastasio's office wrote an email saying that they were waiting for All in the Family to show up at a Zoom where their applicant party was there, but no one else was there.

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That's because no one received any legal notice, and All in the Family RCO does no longer coordinate RCO meetings.

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So we're asking that this be denied so this applicant party can start this process all over again.

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Also, the house was not vacant for a long time.

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The family that lived there, we know them.

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They actively participated in our meetings since 2014.

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And our meetings since 2014, they retired to that home, and then they moved back to their original home because they have a church in the 1944, I believe, or 19119 community.

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They retired to that home.

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So they sold the house and moved back.

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The home was the family home of the husband.

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So that house was not abandoned for a long time.

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And they were adamantly opposed to multifamily on the block.

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So that's the summary of what we know about the most important things.

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And we're asking that this be denied and that this applicant party start over and follow the Philadelphia Code to protect our rights.

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Because what they're doing is not fair.

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We have no communication about this property.

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All right.

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Thank you very much for your comments.

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Is there anyone else in virtual?

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And Vern, I'll give you a chance to respond.

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Is there anyone else in the virtual audience?

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Yes, Chair.

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I have a hand up by the name of Robert Harris.

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they haven't been allowed to speak.

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Could you please state your name

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and spell for the court stenographer?

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Hi, good afternoon.

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My name is Robert Harris.

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That's Robert, R-O-B-E-R-T,

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Harris, H-A-R-R-I-S.

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Do you swear or affirm

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to tell the truth, the whole truth,

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nothing but the truth?

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Yes.

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Are you a neighbor?

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I am a neighbor

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because I own a business.

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I run a business and own a business

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that is maybe 900 feet from the property.

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Okay, please proceed.

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Some of the statements that Ms. Swampoodle has made are false.

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I also know the owner, that previous owner who we purchased the property from,

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she was an RCO member and she was in agreement

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and she gave our support with this project, her and her husband.

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okay sure and in addition um the yard space there's there's no garden in these

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yards the three homes the home immediately next door is is a rooming

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