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Hearing video

ZBA Hearing - December 16, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 16, 20204h 39m

we would not get a refusal. So because we don't have a deck, we get a refusal.

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Here is

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our site plan that shows that it's a 38-foot-tall building,

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four stories, and it's, again, 5th and Dudley Street on the southeast corner.

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and the plans show three units

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a bi-level unit on the

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a bi-level unit on the uh in the

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area in your kitchen two bedrooms on the first floor with two bathrooms on the

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second floor you have one unit and then on the third and fourth floors again you have a bi-level

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larger unit as well with three bedrooms and three bathrooms. You have an individual trash storage

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area in the rear yard as well. The two bi-level units exceed 2,000 square feet in size and the

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unit on the second floor exceeds 1,000 square feet in size. Again, these are for sale condominium

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units. I wanted to go to the RCO letter. Sorry. One day I'll get this down.

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Okay. We had an RCO in-person meeting on November 10th or 11th. I don't remember the date.

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13 people supported this, as you can see, support eight tenants and five residents.

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Why the RCO made a distinction between tenants and owners, I don't know.

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One person opposed it, so it was 13 in support and one in opposition at the RCO meeting.

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um despite that the rco did not take did not reach agreement on the application

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um they said they needed more information although they never asked us for additional

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information um it was november 11th and they also included their letter uh talking about this and

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there's two other properties that were heard at the same time from the same developer

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um they clearly state that there were 13 people in attendance in support and only one person in

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attendance in opposition um but they again said they did not uh come to agreement they wanted

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further assurance that this would be a condominium um and the client will testify that yes this is a

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for sale condominium of three units and they mentioned a coffee shop and that was something

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that he had discussed with neighbors, but never presented and is not part of this application.

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So then when you look at beyond this, where this property is at 5th and Dudley, every

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property, and we circulated a petition and have support from a bunch of the neighbors

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in the area and some opposed, but nearly everybody supported the application.

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But I want to go down to the photos because they put the context of the property.

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As you can see, in the area, seeking input from neighbors before going to the RCO.

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This is the lot.

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As you can see, it's a long-standing, vacant lot, 5th and Dudley.

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It's a wide lot.

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It's 18 feet wide.

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It's much larger than the typical lot on, say, Dudley Street, which is only 14 feet wide, which are under 1,000 square feet.

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This is over 1200 square feet, almost 1300 square feet.

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Again, another shot of the of the lot of the street where there are smaller

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of the street where there are smaller single family homes.

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single family homes.

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At this intersection,

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you have three other properties, two of which are multifamily. Sorry.

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that's the property directly 25 south fifth street

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and as you can see that's a multi-family structure

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and then on the opposite side of fifth street you have a multi-family structure on one corner

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and then on the other corner you have what i'm not sure some kind of a store and then

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residential use above so you have again no single family uses on these corners which is typical in

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that community. So what we are seeking to do is to use this property in

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conformity with surrounding properties. As as a multifamily, the area where it

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is, it's been vacant for a long time. There are many vacant vacant parcels in

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the area. We meet the open area and dimensional requirements for 38 feet

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tall. We meet the rear yard requirement. We have large units proposed. They are

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for sale. We believe that because this property has been vacant for a long time,

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it's not able to be developed as a single family residence. This wasn't

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created by the applicant. The grant of the variance will allow the development

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and conformity with the other corner properties in the area. If this were on

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Dudley Street, we would not be asking for variance. It meets the goals of the

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zoning code to encourage revitalization of vacant properties. It will benefit

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surrounding properties by removing this vacant property from the area and will

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allow for this area, this property, I'm sorry, this area to be continued to be

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revitalized and they are you can you can summarize and we'll get mr.

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Mattione if you can summarize and we can get to your client yes I'd like to have

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again I believe we meet the requirements to be entitled to the variance and I'd

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like to call in Clifford Lasky

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If Cliff's available.

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Clifford Lasky.

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If not, Mr. Chairman, can I skip him and go to Jonathan Torrey?

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he's available can you all hear me yes please identify yourself first and last name

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clifford laskey ben franklin residences 1453 point breeze avenue philadelphia pa

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your last name please l-a-s-k-y thank you you swear or affirm to tell the truth the whole truth

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nothing but the truth yes i do thank you mr matione thank you mr chairman

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michael you're breaking up again mike mike i'm sorry mr chair

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i'm sorry about that mr chairman it's not it's not your fault yes i i did hear your testimony

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and it wasn't true and correct yes it was and do you adopt it as your testimony

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Tony? I do. And just one quick statement from you. Is this to be a for sale condominium development?

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Yes, that was the only thing that they asked in their letter. And I emailed them right afterwards.

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As I said at the meeting, as I said in the email, and as I say now, and as will happen,

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all of these units, 1927 and what we'll come back for 1915 and 1917, South 5th Street,

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which was presented at the meeting at the same time, all of them will be for sale condominiums.

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Thank you. Thank you. Any questions from the board?

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No.

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No. Anyone else like to testify

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in this case? If so, please raise your hand.

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Mr. Chair, I have a

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Carmen Gervaiso, I will allow her to speak right now, sir.

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Carmen Gervaiso. I will allow her

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to speak, right?

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Good afternoon, ma'am.

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Please identify yourself with the records by your first and last name and provide us with your address.

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Good afternoon.

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Actually, it's a male.

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Oh, I'm sorry.

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No worries, Chairman DeChico.

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My name is Carmen Gervaiso.

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I'm a resident of Dudley Street, and my address is 536 Dudley Street.

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

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Yes, I do.

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Thank you.

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Please proceed.

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Well, like I said, I'm a resident of the street, and I am familiar with Mr. Lasky's

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ongoing efforts to build this area.

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I live across the street from a multi-unit building that he built that wasn't mentioned

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by Mr. Mattione.

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It's a multi-unit on the corner of 6th and Dudley.

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it's been nothing but trouble since day one since it's been built right now not only does it block

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our view but there have been uh so much trouble just with the construction of it um it is not

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up to code as far as it's way higher than everything else um well it was let me finish

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yeah i was just going to ask you something about the height was there a previous was that case in

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front of the zoning board i'm not familiar with that case because i i haven't been privy to these

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meetings i found out through a fellow neighbor so i haven't been privy but i do know that

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i found out that because they couldn't they said they couldn't dig far enough that they made it

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higher than everything else so it's basically an albatross and it's it's going to bookend

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the other effort on fifth and dudley that they're trying to build we've had nothing but construction

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problems here we've got nothing but traffic problems if you come down sixth street right now

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what you're going to do is you're going to hit a big ditch right in front of this building

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because they dug in they dug the pipes in the water they never fixed it right it's been nothing

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but a headache and you're going to tell me that you're going to build one on the other side of

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corner where we live? How about putting a green space there instead? How about bringing some

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community in and having some people? How about putting a little park for kids? Sir, sir, you have

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to slow down a little bit. I'm just saying, I'm being back. I know. Okay. And I don't know where

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that list came from with people filling it out, but we have our own list saying that we don't

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want this. No, we don't, we don't want another piece of property like this. Objection to anybody

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other than himself mr chairman yeah sir you i respectfully you have to speak on behalf of

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yourself are you saying you don't want anything built there we would rather see a green space

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there who's going to pay for the green space and who's going to maintain it who's going to pay for

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it yeah what happens to all the taxes that we're paying i'm not putting in a community garden all

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All right. Excuse me. I'm not going to, I got your point.

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You just would rather this spot, this lot remain vacant.

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Yeah. I mean, it's not.

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Okay. You made your point. Thank you.

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He's muted. You can continue.

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Okay. Is there anyone else who would like to testify in this case?

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Please raise your hand.

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Mr. Chair, I have a Mr. Jonathan Torrey who I will now to speak.

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Good afternoon, Mr. Torrey. Please identify yourself. First and last name.

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hi uh jonathan tori t-o-r-i address 266 south 23rd street i'm strictly here as a witness for

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the applicant and michael matione if needed how are you how are you involved with this application

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i'm sorry i didn't hear you sir what is your involvement with this application

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i'm an expert witness for the applicant and and mr matione if needed okay thank you anyone else

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um mr chair um john disley has his hand up again i will allow him to speak

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um no did he speak already we're going to the people who are next right

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Ross Faber

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yeah Ross Faber

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good afternoon this is

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Ross Faber can you hear me

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yes your name please name and address

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wonderful yes first name

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Ross last name Faber

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last name

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please

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F as in Frank

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a b as in boy er where we're firm to tell the truth the whole truth nothing but the truth

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i do sir and your address 610 dudley street thank you please proceed yes thank you mr chairman uh

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Yes, thank you, Mr. Chairman. I just wanted to be here and show my support as a resident of the community for the address in question here, the project plans that Mr. Lasky and Mr. Mattiotti are discussing here.

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just wanted to be here and show my support as

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Love to see additional condos for sale, additional housing units that are for sale, promoting what I think is more long-term resident in the neighborhood, as opposed to the more transient in nature tenant that a rental might provide.

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So I do like to see that this is condo for sale.

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Also like to see that it's an active development of vacant lots that do attract unwanted behavior, crime, drug use in the area.

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So as a neighbor, a resident in the community, I'd like to see anything being done to make the neighborhood safe.

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And if it's removing sites that are, you know, quite frankly, just unmonitored because of their naked nature in their current state,

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anything that can be done to, you know, to reduce that and just promote the feeling of safety in the neighborhood is something I know myself, my wife,

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And, um, I know I'm speaking on behalf of myself, but, um, you know, other members of

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our block and our, and our neighborhood support as well.

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So, um, really just want to be here as a vote of record, um, you know, fully support this,

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um, as a resident in the community, um, and any other testimony or, um, you know, information

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about, you know, positives that we see from just our perspective, be happy to fill in

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additional detail as needed for your testimony.

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Yes, sir.

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Anyone else?

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Mr. Chair, there is a Tyler Lane

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whom I will not have to talk right now

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Tyler Lane, please identify yourself

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on the record, Taylor

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Hi, my name is Tyler Lane

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Please spell your first and last name

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T-Y-L-E-R, last name L-A-N-E

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And your address?

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608 Hoffman Street, Philadelphia PA

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one nine one four eight we're a firm to tell the truth the whole truth nothing but the truth

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i do please proceed uh so you know i i just want to come out uh in support of the project um you

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know uh i actually have a relationship with with cliff he had built the home i live in and uh you

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know buying a new home i've read all the inquirer articles and i'm actually in real estate myself

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and know some of the dealings that can go on um you know cliff has been unbelievably

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supportive with the home, any issues he's addressed immediately. He's been really an

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excellent partner and the house is super well built. So, you know, I just want to say that

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about his character, first of all. But on top of that, living in the neighborhood and seeing it

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evolve, I agree with the prior gentleman who spoke that it is a big problem in the area with

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the vacant lots and drug use. There's one right across the street from me that's next to a young

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family and they had vagrants who were doing drugs in the lot and breaking into their backyard and

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all sorts of stuff. So, you know, I think every vacant lot that can get developed, get back on

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the tax roll for the city, add people, especially owners, which is going to be here because it's

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condos to the neighborhood, is nothing but a net positive for this evolving area. So, you know,

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i i think it's a great project and i think it's by a very honest uh good developer who does what

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he says he's going to do and i can't see any negatives to this being uh built in the neighborhood

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thank you for your testimony thank you

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uh any of anyone else

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if so something new and different if not we'll move on planning commission

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Hold on. We have a Craig getting with this hand up.

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Okay. Thank you. Craig, please identify yourself with a record name and address by your last name.

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Craig, are you there?

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