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Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

the additional here the sunlight can i finish my question mr chairman if the witness can answer

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please i think she was trying to finish yeah miss thank you please please go ahead i just want to

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say again at 8 a.m on the summer the sunlight doesn't shine on the rear facades

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for any building in this block and this block are you talking about current conditions or

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because of the proposal that's you're showing on the screen the current and the current if we didn't

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build anything on that corner. At this time, any building will have sunlight in the rear.

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If we go further and we go to 10 a.m., we can see that the sun starts to shine on the rear.

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At 10 a.m., we can see that the sun starts to shine on the rear.

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And at this time, 10 a.m., and sometime before, we have almost nothing in this difference

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between 38 feet tall building by right or the proposal.

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Ma'am, go back to your 8 a.m. proposal, please.

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Sure.

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Thank you very much.

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You said that the current conditions are there is no shadow cast.

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That's because the current structure is two stories.

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Do you agree with that?

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yes okay so the shadow that you show cast upon not only 2002 and 2004 spring garden but also

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2006 spring garden is a new shadow cast by the current proposal right yes so the current proposal

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uh removes sunlight at this time frame at 8 a.m in the summer from not just my client's property

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2002 but the 2004 and the 2006 spring garden property correct correct and the additional height

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proposed by the applicant not only impacts my client's roof but also the 2004 and the 2006

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property right the roof no the roof only for 2002 yes but the the shadow that you show in yellow

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is impacting the 2004 and the 2006 property. Agreed? Just the backyard. Okay. So now you said

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that I believe you testified that only the roof is being impacted on my client's property and

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that that's negligible. Did I understand that correctly? Yes. Okay. Did you consider the fact

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that my client may want to have put a deck on her roof you did consider that yes if she wants

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so you're showing a pilot house and the fifth story or fourth story excuse me of the proposal

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is casting a shadow on on the roof of my client's property and don't you agree that if my client

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planned a roof deck on her property that would impact her roof deck agreed yes for all right

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or 30 minutes in the morning okay but there's an impact agreed yes all right fair enough

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and so you certainly i think you already said it but i just want to make clear you certainly agree

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that the current and you do show in each of your shadow studies you show that the proposal

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will cast additional shadows upon the rears of 2002 2004 and 2006 spring garden correct

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Correct.

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At 8 a.m., yes.

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After that, no.

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In each season, right?

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Yes.

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So, as a matter of fact, the impact is greater in the winter because of the position of the sun, right?

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Yes.

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All right.

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So, your testimony is not that there's no impact.

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The current proposal is casting a considerable impact on shadow upon not only my client's property, but 2004 and 2006 in the morning sunlight, right?

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Yes and the worst case scenario is the winter on our solstice and in the winter December 21st

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and this is the most time that they will have shadows and it's like four hours in a day.

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Right and we can all agree that that's the case that the winter is the most extreme

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impact in the summer it's the least and I'm happy to stick to that. Now

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You mentioned the word, you used the word misleading with regard to our shadow study.

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Yes.

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Did you consider that our shadow study, first of all, your shadow study,

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did you include the 26-story shadow cast by City View Tower in your shadow study?

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No, I didn't.

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You did not.

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So did you consider the fact that our shadow study actually considers

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the 26-story City View Tower's impact on these properties?

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I don't know.

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You don't know. So isn't it fair to say that my client's architect, who included the city of Utah or shadow from the 26-story building, is more comprehensive and more accurate since it includes the other shadows cast on this property as well as your current proposal?

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Sure.

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Thank you. Because you did include the shadow cast by the building across the street.

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Yes, I did.

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okay but you did not include the shadow cast by city view towers correct because in this case the

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the most close building to the properties is the garage the park garage right in the shadow

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the garage cast its own shadow but the city view towers is 26 stories tall

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it has a considerable shadow yes but the towers start on the fifth and sixth lot to the left

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on the fifth and sixth lot to the left so I didn't consider that because the sun

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always stored from east to west and for us the shadows are always

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covering your neighbor our neighbors property in the mornings so the towers from city view

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is doing shadows afternoon and this is not relevant to us because we are analyzing him here

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our proposal and your client building. So the towers are not relevant for me in this case.

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Okay, they're not relevant for you, but you used the word misleading with regard to our shadow

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studies. And did you consider the fact, Ms. Stanky, that our shadow studies include all of

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the shadows that impact these properties? It doesn't include all of the shadows.

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But we included the most significant shadow, which is a shadow cast by City View Towers, didn't we?

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Yeah, but we are not analyzing City View shadows here in the proposal from the corner lot.

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Well, ma'am, but you used the term misleading when you mentioned the shadows that we included in our study.

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And those are more realistic and more comprehensive, are they not?

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But you didn't include across the street buildings.

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that create shadows on your neighbor's neighbor's property and our neighbor's property too ma'am

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the shadow cast by the 20th street building across 20th street you already testified

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that it doesn't reach the properties to the left of the current proposal depends of the time

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are you saying that the shadow cast by the building across 20th street

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yes jumps across your client's property into 2002 and 2004 yes early morning on the winter yes

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ma'am how does the shadow get cast through the your structure your structure is five

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stories tall in the back i can show you here this is the shadow from the across the street

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right but it's the presence of that building doesn't the building across the street can't

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impact it because your building blocks it right in this case yes all right so you included 20th

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street you included that structure shadow but you did not include the city view tower structure right

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objection we are analyzing our proposal here sorry miss miller mr chairman i object

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council is beating a dead horse all right if if your client miss stanky if your client's property

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um was not as where is it today and today the shadows across the street how far to the left

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do they go with the current property not the proposed property with the current structure

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that's there today. Does it impact 2002 and 2004? Depends of the time and the season.

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Well, at certain times and certain seasons, it would impact them. It creates a shadow.

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Mm-hmm. Okay. So today, okay. All right. I'm almost done, Mr. Chairman. And thank you for

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your time. So, Ms. Stanky, I'd like to look at your, thank you, your winner. If you could scroll

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through if you don't mind because i lack this uh this drawing but the the winter months can you

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scroll through your drawings for the winter months please yeah time frames excuse me i am thank you

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yeah all right so what can't we agree that i mean i think you already admitted i think we can all

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agree that the the current proposal will block morning sun during the winter to my client's

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property. Is that a fair assessment? Yes, it's fair. Okay. And can you scroll through to 10 and 12

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and 2 p.m., please? 10. Thank you very much. 12 and 2 p.m. Okay. So isn't it fair to say,

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Ms. Stanky, that, and I think your shadow study agrees with ours on this,

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the presence of the current proposal will block sunlight completely from my client's rear

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during the winter months agree yes okay not the full building the whole building sorry to the

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rear to the rear right yes all right at 12 only at 12 o'clock um at noon we don't don't cast

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shadows i i agree i agree i agree until 11 maybe i agree with you that there's other shadows

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cast and that's why i got into the questioning about the comprehensiveness of the study but i

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think we all agree and I think I think you're fully in agreement yes the

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Yes. The presence of the new structure will completely block out sun to the rear of my client's building in the winter. Right? Objection. During certain hours. She agreed. I agreed, but I agreed also with Mr. Miller in some hours.

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presence of the new structure will completely block out Sun to the rear

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no i'll reframe it so the record's clear i understand the difference you're making i agree

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what you're saying i'm not there's other shadows cast by other structures right right i agree but

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what i'm saying is before the construction of this proposal my client has sun to the rear of

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her property in the winter morning and that will be removed by this proposal right yes

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the intermediate lot needs to be aware that sometimes you can have another building on the

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corner i understand but i think we all agree i think you said you agreed and i'm not saying

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all it's all your building but in the winter months this proposal will cut off the only

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sunlight it gets which is in the morning yes on this this slide that i'm showing here the

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the blue part is the last floor so the blue is the pilot house that long and

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that this last floor we can see this is the last floor and this is the pilot

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house the pilot house is easy to be removed and can be used something like

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this some lights that can be opened and doesn't need to be built this is

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something that could be resolved like easily by a different structure and this last floor is the

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this covering here and blue and if by right this building was built with 38 feet your client will

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have this shadow cast anyway right right but the blue and the yellow that you show will not

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be there right let me let me ask mr miller question miss stanky brought up something

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interesting has your client given any consideration to removing the pilot house and having

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a staircase or some other means to get to the roof i'm not aware of any uh discussion of that

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issue mr chairman thank you because it seems to me that that would be significantly reduce any

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shadows the two uh as it relates to 2002 as far as the top top floor of 2002

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uh mr chairman i appreciate your suggestion but it would not solve the the major issue which would

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be the impact on the rear facade it's i understand but you you raised you raised the issue about the

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shadows, which are in blue. Ms. Stanky said that's caused by the pilot house. Right. And according

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to her, if that pilot house were removed, that blue area of shadow would go, most likely go away.

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At that time frame, yes. At that time frame, sure. Yeah. Two hours later, we don't have any,

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any shadow. So I'm through with Ms. Stanky. Thank you very much.

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Miller I don't have any follow-up questions okay thank you anyone else

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questions from the board

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no no no

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I'll ask again is there anyone else who wishes to testify in this case if so please raise your hand

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Oh, I didn't know Mr. Miller rested his case.

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We have plenty of witnesses for our case.

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All right.

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I have not rested.

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Right.

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He said he didn't have any further questions at this time.

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I got ahead of myself.

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I apologize.

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So, Mr. DeMarco and or Mr. Miller, if you have witnesses, I would ask,

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and I know I'm going to have to repeat this a few times, something new and different.

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when your clients get on to testify please offer something new and different

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thank you bye raise your hand at this time so you can be recognized

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well i'm gonna i have witnesses but um mr miller's not finished so he's not he's

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right mr miller yes sir yes mr chairman uh my next witness is rowan shrine

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just for clarification that's the owner right the developer right

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no that's the sister of the developer oh okay sorry

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he has an interest in this property she's going to be a a resident

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she's going to be a resident oh she's unmuted for you to square her in

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yes hi good morning ma'am or good afternoon whatever time it is um please spell your first

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and last name for the record sure so my first name is rowan r-a-w-a-n as in nancy last name

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is S-H-R-A-I-M as in Mary. Do you want to affirm to tell the truth, the whole truth, and nothing

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but the truth? I do. Thank you, Mr. Miller. Please proceed. Thank you. Rowan, thank you for testifying

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today. Of course. Rowan, where do you live now? I live at 2200 Benjamin Franklin Parkway with my

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parents. Okay, and how long have you been a Philadelphian? So it's an interesting story. So

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I've been in Philly. I moved for college nine years ago, but my family has lived in this

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neighborhood since before I moved for college. My brothers came here for school, and so I've

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actually been in this area and in this neighborhood for, I want to say, most of my life, about 20

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years, so most of my teenager life, most of my beginning adult life. Okay, and where do you work

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now? I work at the Children's Hospital of Philadelphia, and I'm also doing my PhD at

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Drexel University. And what do you do at CHOP? I work in the immunology and gastroenterology

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department. I work for their research department, and I do genetics research, which is also what

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my PhD is in. Okay, and what is your understanding of the purpose for the acquisition of 2000

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and Spring Garden Street. Sure. So just to give a little bit of an introduction without being

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taking too much time. So thank you for letting me speak today. But, you know, my family and I,

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as I explained, have lived in this area and in this neighborhood for quite some time now. It's

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been our home for a very long time, and it's very near and dear to our heart. And this community has

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been our community for a very long time. We've been renters in this area for as long as we've

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lived there, and so we were very excited to be owners during once Rami purchased this property.

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We've always envisioned building our home in this community, and being able to purchase this

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property and build on it has, you know, kind of made that vision come to life, which has been

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very exciting for me and my entire family. This is, you know, it's where we've been for a very

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long time. And so to us, this is more than just a property. This is really what we've been wanting

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for a very long time. And we've been very excited about it. You know, we went when Rami first

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purchased this property. I need to interrupt if I could with all due respect. We appreciate the

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fact that you live in Philadelphia and you good work at at CHOP and I understand I think I know

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where Mr. Miller is saying going to be saying that the family will be occupying a unit or two in this

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building that's all well and good but that could change at some point people may decide to leave

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we hope you don't leave the city we hope you stay I hope I don't leave either I I would just ask that

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you summarize please yeah sure yeah i was coming to the end of it i want to i want to save everyone

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time yeah how many how many of your family intend to live in this property um so i intend to live

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there rami intends to live there my parents intend to live there and one of my other brothers also

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intends to live there okay so that's four separate units yes and there's five units in the building

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Yes.

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Okay.

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Those are all my questions.

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Any cross?

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Just a single question, Mr. Chairman.

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Thank you.

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Thank you for your testimony, Ms. Schreim.

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Circumstances can change, and you could find the opportunity to live in a different or bigger house,

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