civus
Hearing video

ZBA Hearing - July 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20202h 14m

planning commission.

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Chairman and members of the board, this property is indicated for residential use on the

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comprehensive plan and looking at the development pattern on the surrounding blocks, the eight

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lots are in character with the lot width. We do feel that, oh, sorry, excuse me. Accordingly,

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we ask that the request for I'm sorry I wrote this recommendation without the packet so let me

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start over again and I'm sorry to the court reporter this property is indicated for residential

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use on the comprehensive plan and looking at the development pattern on the surrounding blocks

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the eight lots are in character with a lot with accordingly we have no objection to the granting

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of the variance thank you I'm sorry well somebody have something I'll share I just wanted to if we

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could I see names up and I wanted to see if there were people who wanted to comment on this because

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I have names up Robert Vanstone is it I had asked I didn't hear anyone but we just need a little

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time because we got a whole list of people all right very good all right so whoever is testifying

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please identify yourself for the record spell your name for the stenographer and then I will

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swear you in. Can I be heard? Yes. My name is Robert Vanstone, 2053 East Susquehanna

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Avenue sorry I'm having please spell your name for the stenographer r-o-b-e-r-t v as in Victor

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a-n-s-t-o-n-e thank you mr. vanstone do you swear or firm to tell the truth the whole truth and

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nothing but the truth yes i do thank you please proceed uh i object to the rezoning of this i

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wanted to put it on the record uh my belief is that in redrawing the lot lines for multiple

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for extra housing that it would really be quite easy to fall within the current rules for lot sizes

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as well as open space it seems like an overcrowding situation and I don't understand why if you're

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redrawing the rot lines that you couldn't do it in a manner where you can maintain 16 feet and

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also maintain your 25 uh lots and give give some of the people a yard there's no yards on

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on a couple of those as it appeared on the as it scrolled

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if i can respond i mean i think it's not a regular shaped property number one um number two um it's

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certainly consistent with what's in the neighborhood and number three I believe

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that the desire of the community and part of the desire was to have parking

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access to the rear so we said there's not a rear yard the rear yard area open

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areas there it's it's taken by a rear loading driveway which I think is the

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preference of how this is to be drawn I believe you know the original plan was

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was for eight with front-loading parking

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because it was a desire for parking,

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even though there's no parking on Abigail Street.

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We met with the community.

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We had at least two or three meetings

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and the near neighbors and got 38 to two local support.

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This was the desired configuration

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and responded best to the context of the community,

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offered a diverse housing stock of different size units

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and also addressed some parking concerns.

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Thank you.

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Anyone else have any comment?

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Anyone else speaking on this case?

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Chair, if you could ask that anyone who wishes to speak on any case, please raise

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please raise their hands so we can identify them and unmute them thank you very kindly

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a hand so we can identify them and unmute them.

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Thank you very kindly.

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i think you just told them thank you

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one last time is there anyone else who wishes to uh comment on this case

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questions we do have another person's hand up and i am unmuting them now okay thank you

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i apologize tony because i don't see that so i'll rely on you

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tyler mcneil what's that for you to speak or no i don't have anything else to indicate

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all righty no more hands up chair you can continue thank you any questions from the board

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Planning Commission

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They gave their testimony

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We already are on the record

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With no objection

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Frank, unmute yourself

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Thank you, Confessor

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Calendar number 38163

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2009 Abigail Street

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My vote is yes

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my vote is yes my vote is yes

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Tom my vote is yes good luck my vote is yes good luck

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thank you very much I appreciate everybody's efforts

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stay safe everyone thank you thank you

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calendar number 38149 I'm hoping 2300 North Bevere Street

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Leo Mulvihill is the attorney.

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Leo, are you there?

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And Leo expects to be calling four witnesses.

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Thanks, Sharon.

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Members of the board, are you able to hear me at this point?

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Yes.

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

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see. The refusal appears to be missing a notice of refusal for two family dwelling in an RSA 5

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district, but otherwise we're prepared to proceed with this matter. Name and address for the record.

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Leo Mulvihill, M-U-L, V as in Victor, I-H-I-L-L. Address is 2424 East York Street, Suite 111,

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Philadelphia, 19125.

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Members of the board with me today, I do have my client, Robert Minor, joining us over the telephone, and two witnesses.

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In addition, our architect, Giovanni Ramos, R-A-M, as in Mary, O-S, is on the line as well, joining via Zoom as far as I understand.

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Now, members of the board, for purposes of the record, I just reviewed the packet that I've submitted.

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I have the refusal appeal and project information form at page one.

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The area zoning maps for this property are page seven.

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The deed for the property is at page eight.

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My client's tax information is at page 13.

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Zoning notification letter for the appeal in the meetings is at page 16.

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The letter from the RCO is at page 19.

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We have photographs of multiple postings of the property at page 20.

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Attached separately is 11 by 17s electronically or the floor plans for the property.

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My members of the board, this property is located at the corner of Dauphin and Bouvier

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Streets.

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It is 18 feet wide and 50 feet deep, about 900 square feet.

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Currently, it is a vacant lot.

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It's fenced in, it's overgrown, and unfortunately, what it seems to be used as by passers-by

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in the area is more or less a place to throw their trash, and my client's been doing their

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best to keep the area clean.

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What we're proposing today is new construction, two family dwelling, two units. Each of them will

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be two bedrooms, one bath. Unit number one on the ground floor is 646 square feet. Unit number two

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from the second story is 681 square feet. There is access to a roof deck. This is a two-story

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structure. It is slab on grade. Mr. Ramos, the architect, and Mr. Minor, my client, spoke

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extensively about this design and the reason we're looking to do this is to limit one the impact on

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the adjacent neighboring property and two try to keep this building in character with what's already

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on the block which is looking to the photos you can see is a two-story row home block for most of

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the block itself why are we seeking to have a two-family dwelling here well members of the board

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this is new construction members the board you're aware of the cost of new construction and what

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we're seeking to do with this property, considering its location, considering that this is a developing

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with this property considering its location considering that this is developing neighborhood

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neighborhood, is allow.

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is allow more access to new construction for somebody who'd like to live here there is rear

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yard storage for all the trash the two units will allow the affordability to be increased rather

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than a new 400 some thousand dollar home and more or less that's essentially our presentation

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members of the board. I will note that the two witnesses I have to speak today who are also

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joining us by phone, Mr. Blake Davis, that's B as in Bravo, L-A-K-E, D as in Delta, A-V as in Victor,

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I-S, and Larry Russell, R-U-S-S-E-L. We're both present at our RCO meeting that was held back on

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March 6th. You do have an RCO meeting letter in your packet, members of the board, but it's my

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understanding there were some voting irregularities that occurred at that meeting that both Mr. Davis

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and Mr. Russell would like to address, namely that multiple votes were taken, the ultimate vote count

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that was submitted to the zoning board did not match their recollection of what occurred that

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evening, and that certain members of the community were allowed to vote while others were not,

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even when those members, including Mr. Davis and Mr. Russell,

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had identification cards notifying the RCO

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that they were in the affected area.

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At this point, I'm happy to take any other questions at this time.

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Mr. Ramos, do you have anything to add at this point?

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Mr. Ramos, please identify.

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Are they on by phone?

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i believe mr ramos has joined us by zoom can he raise his hand okay

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mr ramos you're mute you're muted you're muted okay yeah please please mr ramos identify

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yourself with the record spell your first and last name for the sonographer jovani uh j-o-v-a-n-n-y

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Ramos, R-A-M-O-S.

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Address, please.

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3421 Richmond Street, Philadelphia, PA, 19149.

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

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I do.

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Thank you.

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Mr. Mulvihill?

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Yes, Mr. Ramos, you're familiar with the site at 2300 North Bouvier Street?

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Yes, I am.

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Can you explain to the board why you designed this building the way you did?

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Yes.

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Yes. Given my conversations with my client, he wanted to make it a two-family dwelling,

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but yet not cause a major impact on the community in terms of size and design. So indeed,

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it's a slab on grade to avoid any digging past three to four feet in the ground.

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it is two stories which is matches what's in the area and floor number one is unit number one which

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is a two-bedroom and floor number two is unit number two which is a two-bedroom the base of

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the building is brick so it continues on with the area and up above will be a similar monotone metal

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mr ramos with respect to the adjacent building at 2302 north bovier street

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is it about the same height yes and was that a consideration that you took into account when you

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were designing this building that was the most consideration for the height of the building yes

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mr ramos at this point are you able to see the plans that have been put on the screen by ms sunk

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get the floor plans for the property? I do. Okay. And just for purpose of the record for the board

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and for anybody else, the blue area, that's living space, correct? Yes. The blue area is living space.

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The pink area is sleeping space. The gray area is like common space, like hallways at the roof deck.

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And then the brown area is bathroom. All right. I don't have any other questions for me, Mr. Ramos.

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thank you thank you mr milner or pardon me mr minor are you on the line as well robert minor

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i believe mr minor is joining us by telephone today as he was unable to get zoom to work minor

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are you on

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mr minor

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tanya do you see anything

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she's unmuted

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Mr. Miner, your hand is up and you're available if you wish to speak.

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Mr. Miner, are you able to hear me at this time?

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Mr. Mulvihill, do you have anyone else?

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Mr. Davis are you still on the line sir

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Yes I'm still on the line

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Mr. Davis will you please state your name

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Spell your last name and give your address for the zoning board

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My name is Blake Davis

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B-L-E-K-E

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B-A-B-I-S

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I live 2348 North Louvert Street

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Philadelphia PA 19132

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Mr. Davis

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Do you swear or affirm to tell the truth

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The whole truth and nothing but the truth

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Yes sir

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Thank you.

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Mr. Davis, you live in the neighborhood, is it fair to say?

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No, go ahead.

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You live in the neighborhood, that's fair to say?

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Yes.

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And you're familiar with this property, yes?

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Yes.

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Can you describe the condition of the property today and how it's used in the neighborhood?

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As a trash dump, dilapidated, overgrown.

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We do as much as we can to keep it beautified.

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But when he decided to develop on his property, people came into agreement and had no quarrels or they had plenty of questions.

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So when questions came about, he answered the best as he could.

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When the community meeting came about, we had more questions, answered the best as he could.

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But when it came time to vote, some votes were taken, some votes weren't.

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And I felt, though, that was, how can I say without speaking ill, unfair.

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When you say that some votes were taken and some votes were not taken,

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can you explain more clearly to the members of the board what happened?

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People, well, maybe I think it was, if I'm not mistaken, about 12 to 15 people showed up.

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And out of the people who showed up, many of us had concerns.

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some concerns weighed

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more than others and some had

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pros and their pros weighed more than others

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but at the time

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of voting

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proper voting bouts were not issued

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