civus
Hearing video

ZBA Hearing - March 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 5, 20258h 36m

The Planning Commission recommends that the board

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deny the requested variants for takeout restaurant.

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I'm going to hold the vote on this.

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We're going to vote on this next Wednesday at 9.30 a.m., okay?

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So you'll hear the results at 9.30 a.m. next week, okay?

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Okay.

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Thank you.

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Thank you.

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number seven mi 2024 004 304 2001 kinsey street lewis stevens is the attorney

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there is a letter of support from the frankfurt neighborhood advisory committee

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and a letter of non-opposition from council member lazada

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Mr. Trey, they're coming back in as a

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panelist now.

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What was that?

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It sounds like a game or something.

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That's another

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game.

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That's a game.

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I hear that all day.

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counsel good morning good morning counsel could you please state your name and spell for the

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court stenographer lewis stevens l-o-u-i-s s-t-e-v-e-n-s all right do you swear or affirm

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to tell the truth the whole truth nothing but the truth i do counsel thank you um counsel before we

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start uh we have do you have a proof of posting and a receipt of a paper printed to post it

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i do

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right hillary we're looking at that am i right

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yes we don't we don't have proof of posting we also don't have a deed for the property

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that was not sent in no okay i'm trying to share my screen here

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Thank you.

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can you see my screen we just see a listing for bks zoning bkb zoning

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mr stephens why don't we do this why don't i come back to you and see if you can find what

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we were talking about okay i'll be back to you in probably uh 20 minutes all right okay thank you

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very much number eight mi 2024 006060 1542 north 42nd street sharon harvey is the attorney

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there's a letter of opposition

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from HMN

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HMC squared RCO

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applicant provided

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a petition of support for duplex

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with 13 signatures

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that coming back in as a panelist

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Mr. Chair

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thank you

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good morning council

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could you please state your name and spell for the court stenographer probably have to turn that

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on too i think see there the button yep yes thank you very good good morning mr chair members of

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the panel my name is sharon harvey s-h-a-r-o-n harvey h-a-r-v-e-y do you swear or affirm to tell

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the truth the whole truth nothing but the truth yes i do young could you identify your client

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the relationship to the property my client is barbara clark pitman and she's the owner of the

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property right and our vice chair has a few questions good morning counsel do you agree

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to weigh the reading of the refusal or stipulate to its accuracy yes sir yes have you emailed in

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all the required documents and exhibits that's needed and required to perceive it is case five

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days in advance of this hearing. Yes. Thank you. Please proceed.

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having trouble sharing my screen council could mr stevens could you please go out

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we'll call you we'll call you back mr stevens okay

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leave the webinar or they go out

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It's not sharing the touch screen tube so it's very sensitive.

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I proceed. I can. So why don't you proceed?

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i'm sorry mr chair can i change positions with my client i'm left-handed

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and this is not working for me okay sure

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okay

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when they turn it might be on too

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Chair, are we here?

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You got to keep that mic close to you.

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Yeah, it's not you.

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It's our problem.

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All right.

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Mr. Chair, we're here to...

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okay that's good there you go there you go there's no more chairs so that's that one's got to work

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Okay.

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That's good.

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yes for a variance uh which we already had since 1948 um but there was a denial when my client

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applied to uh to do some work in the property so let me go down so as you see the first uh picture

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is the posting. And the property was properly posted on January 30th, 2025. The property

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already consists of a two-story property, and the building is used as a duplex since

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1948. My client acquired the property in 2023, but it was owner-occupied property prior to that

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time. So up until her aunt acquired the property in 1966 and lived in the property. Upon her death,

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her aunt, the house was transferred to Ms. Pittman's father, Mr. Clark, and he had a cousin

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tenant living in the property from 2009 until right before his death, he transferred it

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to his daughter, Ms. Pittman, in 2023.

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He died in November of 2023.

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And then we were required to request the variance for the property, but it already had a variance

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on the property.

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let me show some photos of the property and are the utilities separated

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yes okay so this is the floor plan of the property there's no structural or

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changes uh being proposed to this property uh their the basement is used as a utility room

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the first floor apartment uh and there's a second floor apartment they're both one

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bedroom.

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Does that basement have a kitchen in it?

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No.

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Go back to the drawing. Did that look like a kitchen?

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No.

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Bathroom? There's a bathroom in the basement?

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Yes.

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This is the first floor

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entrance.

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So this is the first floor entrance to the first floor apartment.

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It has a separate door.

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This is the entrance to the building itself.

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It shows where there's an entrance up to the second floor directly.

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And then to the right, to the left of the stairwell are the apartment entrance to the first floor.

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The interior pictures.

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Here's the first floor is what is being rehabbed right now, the first floor kitchen and the living room.

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And then I'm going to make it larger so you can see the interior of the first floor bathroom and again, a picture of the kitchen.

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I enlarge it. I can't move it.

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Do you have pictures of the second floor?

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Yes, Mr. Chair.

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okay this again is a picture of the first floor bedroom second floor is

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is the living room in the second floor and in the second floor bedroom so they're already

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rehab and someone has been living there up until June

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of 2024. That's when the cousin moved

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out.

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This is the second floor bathroom.

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And it's just the

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bathroom and the bathtub.

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okay this is the interior of the basement it's the unfinished space there's no living quarters

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in the basement and there are however two new was what hot water tanks and heating units in the

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was hot water tanks and heating units in the basement.

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basement.

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And the basement is not to be used

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for any type of living space storage.

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Again, this is the exterior of the property.

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There are no proposed changes

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to the exterior of the property.

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And this is a picture from the second floor bedroom

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down to the backyard where Ms. Pittman plans to put a fire ladder in that window so that

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if there's ever a fire, they do have egress either from the front or the back of the property.

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This is the exterior of the property.

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One, the view to the sidewalk is from the rear of the property, looking towards the front of the property, where the trash bins are closer to the front, and there will be a bin container built for the trash bins.

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And that's just simply a picture of the backyard.

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This is a view from, I guess, this is 62nd Street looking towards Lansdowne Avenue.

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It's an all-residential area.

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And then there's parking on the street, the lighting.

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She has a motion sensor on the exterior of the property so that it comes on only when there's somebody in either the front or the back.

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this is a from the atlas stating that this property was a residential apartment of five

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plus units which is where some of the constellation of the neighborhood objections were that it would

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be a five unit apartment but there's absolutely no way that this building could be a five

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unit apartment. It's always, has been a two, two apartments, one bedroom each. And so I don't know

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why that's at this part. This was the zoning refusal and the zoning notice that was posted.

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Ms. Pittman has always paid the commercial trash bill and continues to pay the commercial trash bill.

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She's charged commercial trash since she acquired the building.

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And this is the bill from July 2024 to December 2024.

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This was the summary.

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There were 177 letters sent to the community.

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There are five oppositions, and there was only seven people who attended.

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Two abstained.

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Ms. Pittman went around and talked to the neighbors, asked them to sign the petition.

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We have 13 people saying they had no objection to the planned use of the property.

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Since it had always been, at least since 1948, a two-bit, two apartments.

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Okay, this is just the letters required to send out with the loan disc.

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There's the deed.

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It shows it went from Arnold Clark to his daughter, Barbara Clark Pittman.

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We have the city tax cert.

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City tax cert showing that it is legal.

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And then we have 28 pages of postage that we sent out to the community,

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the 177 letters, and verifying that we did send out.

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I did then also submit the supplemental

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which

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the supplemental

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which shows

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this is the variance

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that was received in 1948.

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The other

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there's only two pictures

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on that particular item.

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The other one is the second posting

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because this hearing was continued

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uh hearing was continued because of technical difficulties the first time we were here

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because of technical

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difficulties

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To tease.

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you did not have uh any internet so we we reposted okay as required

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why don't you have your testimony adopted by your client

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miss pitman did you hear what i stated hold on miss pitman please state your name and spell for

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the stenographer. Barbara Clark Pittman, B-A-R-B-A-R-A Clark, C-L-A-R-K. Do you swear or affirm?

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Oh, go ahead. I'm sorry. P-I-T-T-M-A-N. All right. Do you swear or affirm to tell the truth,

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told truth, nothing but the truth? I did. Please proceed, counsel. Ms. Pittman, did you hear my

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testimony as to what we want to do with the properties today? I did. And do you affirm or

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agree with that testimony? Yes. Okay. So counsel, just a real quick question. So the building has

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always been in her family always been a duplex she wanted to do work on it went down to l9 she

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got turned down because it wasn't so yes okay all right thank you questions from the board

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yes can you expand on the work that you would like to do to the property

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i want to continue using it as a duplex multifamily dwelling upstairs to first floor and second floor

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my great aunt

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she was in the process

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of doing work on the property

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she had already completed it

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there was a young lady that used to live upstairs

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but she was

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I think she was there like 30 years

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but she had dementia

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my cousin lived on the first floor

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up until June

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26 of 24

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and I just want to

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bring it up to code

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not only up to code but I also want to modernize it

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okay

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And then could you expand a little bit about some of the commentary that you got at the RCO meeting?

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There was someone there, a gentleman there, that told the neighbors that I was bringing drugs, that I was turning it into an Airbnb, that it was going to be used for short-term units of 30 days or less.

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I don't know where he got that information.

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That is totally false, all of it.

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