civus
Hearing video

ZBA Hearing - March 30, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 30, 20225h 59m

for many years, then it normally would be considered a vested right to the owner. And again,

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my client did not create this hardship. He did not create this situation. He simply purchased

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the property from the prior owner in 2020. And again, upon review of documents he had at the

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time of the rental licenses, he had no reason to believe that this was an illegal building

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in any way. And again, even when we brought it up with the community, some neighbors said,

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hey, you know, we don't think it's legal, but the general consensus is they don't actually

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accept that the city issued rental licenses would necessarily mean that the property was legal. So

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that is ultimately why we still had a heavy vote against us during the community presentation.

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But once again, our position is that this is a pre-existing non-conforming condition that to

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kind of displace this particular individual renter now, even though we've had rental license

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all these years to legally allow them to be in there would be a hardship and we would

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ask the board's favorable consideration in this matter.

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I will be happy to answer any additional questions and certainly happy to redirect any portion

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of the exhibits.

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Do you want to have your testimony adopted?

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Sure.

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Mr. John Chi, can you raise your hand virtually to be identified?

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If he's not here for some reason, we'll take your testimony, that's fine. Questions from

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the board? No, Mr. Chairman. No, Mr. Chair. Questions or comments from the virtual audience?

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Chair, we have someone with the last name Ling Chi.

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Yes, that should be my client.

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Correct.

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And I'm on the line.

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Okay, could you just state your name and spell it for the court reporter, please?

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And X-I-L-I-N-G, last name is Chi, C-H-I.

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Right.

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

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Yes.

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Proceed, Mr.

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Thank you. Mr. Chee, did you see my presentation and hear my testimony that I made to the board regarding your case?

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Yes.

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Can you verify what I've represented is true and correct and adopted as your own testimony?

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Yes.

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Thank you.

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Okay. Questions or comments from the virtual audience?

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Chair, we have Alice Udovich.

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good evening again chairman members of the board alice yudovich from councilman brian o'neill's

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state your name you've already been sworn okay and the councilman is actually on the call as well

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i'm not sure if he's having technical difficulty um the councilman is strongly opposed to a

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conversion from a duplex to a triplex if you were to look at the entire block of hills patch

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It's mainly single family, single homes, small Cape Cods. At the end, we're built two twin

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duplexes. And there's no reason why this duplex should be converted to a triplex.

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It's an overuse of the property. There's no hardship here.

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Okay, thank you. Any other comments from the virtual audience?

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Chair, we have Ryan O'Neal.

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Councilman, state your name and spell for the court reporter, please.

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Thank you, Mr. Chairman.

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Brian O'Neill, Councilman for the 10th District, representing this property.

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I was just saying I was having trouble.

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Wait a minute. That's okay.

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

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Yes, I do.

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Proceed, sir.

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Thank you.

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I was having trouble getting on.

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I asked Alice to jump in if I was having trouble.

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Thank you.

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I would repeat what Alice said, what the community said, this is an illegal duplex, I mean triplex, straight.

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This is an illegal duplex, straight, I mean, triplex, straightforward, illegal triplex.

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The red herring here should be ignored.

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The people with the rental license part collecting trash fees or whatever they're doing, making sure that it's compliant with a rental license, they're just sitting there.

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If you pay it, you don't pay any more for a two family than a three family.

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That has nothing to do with zoning.

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And this is a sophisticated buyer buying at arm's length up and down Grand Avenue from the boulevard all the way to Busselton.

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There's still a few single family homes, but it's either commercial or duplexes.

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And this happens to be two sets of duplexes on a block.

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It goes right to the to Grand Avenue. They're very close to the boulevard.

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And every other home here is a single home, not just single family, but single homes.

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And the idea that when these are built, they have the garage on the bottom.

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It fits two cars usually, one for each of the units.

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The area behind the garage is a bonus area.

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I wouldn't really call it a bonus area, but it's an accessory area for each of the units upstairs.

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They have a washer and dryer down there. They have some storage down there.

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Somebody converted this. Ellen and I caught them. They went out in 2010. We just heard that.

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They they they reinspected and there was no there was no use there.

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And it's easy to get that inference because otherwise L and I would have kept issuing violations.

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So at some point, L and I cleared it off their books.

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The illegal use continued.

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It's as simple as that.

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The community is, this is a tough parking area.

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It's so close to the boulevard.

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Grand Avenue is so busy.

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And it's an illegal use.

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There's no unnecessary hardship. And I would just ask the board to return it to a duplex and refer the matter to L&I.

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The fact that someone lives in there, they'll work out. There's plenty of units in the Northeast that that person can live in.

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And if the rent gets raised by his corporation that bought it, he's going to be out anyway.

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You can't personalize it.

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And the zoning code is clear that the personalization is immaterial.

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So I just ask you to look at it as a straight, illegal triplex and support the community

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as I am in refusing the application.

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Thank you.

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Thank you, Councilman.

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Any other comments from the virtual audience?

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Yes, Chair.

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We have Bernard Jadish.

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hi could you state your name and spell for the court reporter please

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can you hear me i can okay bernard jadak uh bernard carl jadak j-a-d-a-c-h

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i'm with greater bustle and civic league i just wanted to make sure you

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wait a minute wait a minute do you swear for him to tell the truth the whole truth

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nothing but the truth yes i do proceed okay uh i'm with greater bustle and civic

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i wanted to make sure you got the copy of the letter i uh mr jinn presented you a copy of it

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in his submittals we sent a copy in i don't know why you didn't get it because it went to uh

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uh karima cantana at philadelphia.gov under the planning commission so you should have got a copy

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of it i don't know why you didn't but we're okay we we know what was in the letter okay and thank

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Thank you. We basically oppose it. It's a basement unit. It was licensed by L&I for some reason. I have no idea why, but it's a basement unit that should have never been licensed as far as we're concerned and the neighbors. That's why there was a vote of 18 to 3 opposing it.

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all right thank you we appreciate you calling in hi chair this is tanya if allowed may i please

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just interject the thought that all documents for zoning hearings must go to the rcl zba

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at phila.gov email box not to personnel within the zoning board that's the only way we'll

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we'll have it to present right okay any other comments from the virtual audience

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Planning Commission.

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good afternoon chair peter bernard for the planning commission

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Good afternoon, Chair, Peter Bernard.

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the comprehensive plan recommends no change to the existing rta one single family zoning

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the applicant has not demonstrated a hardship that would justify multi-family housing

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accordingly the planning commission recommends the board deny the variance

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MI 2021-004-834-9423, Hillspat Street. I vote no.

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Harold Tenere, my vote is no.

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Thomas Holloman, my vote is no.

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Ishmael Shaheed, my vote is no.

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Thank you.

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Thank you. I just want to say, Sharon, it's been a pleasure working with you all these years.

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I wish you a happy retirement. Thank you, everyone.

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Thank you.

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Thank you so much.

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is there is there anyone else in the audience that case has not been heard from the 330 list

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um thank you everyone you know i'm sorry chair i was trying to talk but i was still muted

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we have one person gary mulligan okay mr mr mulligan

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we heard all the cases

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Mr. Mulligan

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Mr. Mulligan

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you're unmuted and you're free to speak

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Mr. Mulligan

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there are no other

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chair

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wait a minute I'm sorry

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We got one more just popped up.

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Phone number ending in 0088.

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Okay.

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Put them on.

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Paula, you're unmuted.

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Please speak.

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Hi, could you state your name and spell it, please, for the court reporter?

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Yes.

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Can you hear us?

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Yes.

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Yep.

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Okay, great.

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Okay.

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We're both here.

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This is Barry Mulligan.

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and mary mulligan and mary mulligan and do you have a case did you have a case here today

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2900 this distance street we received a letter we're in the neighborhood we got it from a just

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a consul esquire regarding 2900 distance i have a number it's that was that was heard that that

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was already heard but do you know when they told us to get off on there was 330 it said 330 and we

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got on before 3 30 and never heard it what time did they hear that that case was heard earlier today

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i believe in the two o'clock section well how would we have known that when the letter says

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i'm not sure ma'am i don't i'm very sorry but i don't know but it was not voted that case was

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not voted the um is going to meet with the rco again right so there will be another hearing

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hello looks like we all good chair that's a good

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wait wait one minute thanks everybody and i think yes ma'am

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hello

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maybe tanya did her thing look thanks everybody and i think what we ought to do is

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send sharon out with a round of applause yes

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I have a bottle of champagne in the refrigerator

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I'm now going to go and I will be toasting

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all of you in the next five minutes

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thank you so much

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we'll talk to you next Wednesday

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I somehow know it

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i know it thank you

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all right good night all

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enjoy

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thank you

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