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Hearing audio

ZBA Hearing - January 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 7, 20265h 58m

basement if you have the trash dump at the rear all the units have access to the basement you're

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showing it right now as a big open space but it's just more storage um that's about it for the

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we have a proviso for no living and i don't believe he has any intent yeah it is i was just

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less i was less worried about the pro i mean i saw the proviso but more like what what is going on i

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think to have three units in a single family block there's no backyard i think to figure out a way to

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have storage that is segmented by unit would just be wiser as a suggestion meaning making storage

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available that was clearly delineated for each unit in the basement albert yep something you

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would consider yeah and now the questions questions from our attorney or comments um

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excuse me um yeah i spoke with mr consul previously and i believe the intent is to

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amend the refusal so um we will you know hold the hold the case today pending receipt of that and

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proof of tax compliance. Okay. Is there anyone here from the RCO? I see no news at this time,

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Chair. Anyone here from the neighborhood? I see no news at this time. Sorry. I have someone in

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the audience right here. Good morning. Good morning. Could you pull that mic close to you

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see if it's on i think i see the light yeah okay hi could you please state your name and spell

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for the stenographer yes my name is diane monroe um d-i-a-n-e m-o-n-r-o-e you swear or affirm to

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tell the truth the whole truth and nothing but the truth yes um could you give us your

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your viewpoint on this project and could you try to keep it to two minutes okay no i'm serious we

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try to i will i will um i am a member of the rco yep i started it years years ago but i'm no longer

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in chair because i'm as my son said you're too old and you're too old to even be coming down here

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but i don't think i'll talk to him but you know you had to pass the baton to younger people

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which is great and but what is happening is here I do live on that block for close to 50 years

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and when they first proposed this six units our block is you losing the characteristics as being

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a single family neighborhood not only the the block ahead of us which is the 1200 block

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But the block, you know, beyond us is 1,000 blocks.

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We're losing that characteristic.

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And we do have duplexes.

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The neighbors, we were outvoted, you know, as you can see the count.

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We were outvoted, even the RCO board, you know, we split.

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And they do understand that I was coming down to have my objections, you know, documented.

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Don't take this being a fraction between us now.

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With this six units originally proposed,

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but the majority of the people wanted,

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but we still had fudge people that came in

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that had never been to a meeting and they just showed up.

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We would like to see a duplex, two apartments,

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versus a triplex mainly because of the density will be increased and the trash

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and parking we do have permit parking on our block so that's the the long-term

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residents that's our position we do not have a problem with two apartments and

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no apartment in the basement because it's a potential that they can do that

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when you have nothing there and also we have noticed that the the owner he has

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not been maintaining it it's we have been maintaining that property cutting

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the grass for years and then when the snow came he didn't even bother to even

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and clean the pavement.

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the pavement, we've been doing it.

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We've been doing it.

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So we did.

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So we did start calling 311.

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So we're looking at his behavior.

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So we understand that there's a potential

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we're gonna have a problem.

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And another issue that we wanted,

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we wanted them to, for a part of the provisos,

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to be with the CBA, but my understanding,

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they refuse to do a CBA with the RCA.

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i'm not too clear on that because the last meeting i went there was nothing in writing

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that david was still coordinating with them we would like to see in those apartments a storage

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closet that can hold a 30 gallon trash can as well as a recycled trash can because even though

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they're saying they have access to the backyard we know the behavior that the behavior is they

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take their little shop right bags and they bring it and sit it up up front and so we would like to

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see a proviso that requires them to put a storage closet in each of those apartments and um but we

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will like to have two apartments that's what we are we are willing to compromise with because we

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do have duplexes on the block even though he did say there's a triplex that used to be a ghost

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triplex until later on even though that they no longer have anyone living there three and the

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condo as he was talking about the 11 11 they are condos so they they are individually owners

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and they had been there that building has always been a multi-family until maybe in the late 90s

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that's when they did a condos but they're single family a condo so hopefully I wrapped it up with

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our position with we prefer to see a duplex and those trash to storage for the trash okay okay

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thank you thank you so much for coming down I think you've testified before on the yes yes I

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heard you several times on zoom I've never seen you thank you yeah may I say this now I haven't

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been here since the pandemic that's right that's right and it's amazing now i can see i could go

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back to the neighbors and say it is legit because they're thinking because we were thinking you

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think it was phony before like you're on zoom and we're thinking you're talking but we don't know

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that you guys are really hearing us.

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I would tell you, I remember your name

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and I remember you testifying several times.

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Yes.

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So thank you very much for coming.

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And thank you for allowing me to.

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Anyone else in the audience?

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Joe, do you want to respond?

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Just very briefly, regarding just two things.

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One, we would have gladly engaged with the CBA.

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That didn't come up.

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I'm happy to continue that conversation.

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And two, you had mentioned that there was, you said, fudged people.

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You guys checked every single one of the IDs of everyone that came in.

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That was done rigorously.

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So I just wanted to rebut those two points.

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Planning Commission, planning take a position now?

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Certainly, Chair.

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Sure.

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And thank you.

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And good morning, David Vecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the RSA 5,

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residential single-family zoning at this location.

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the city rezoned this neighborhood in 2017 in accord with recommendations in the comprehensive

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plan well there are some multi-family properties with two to three units on this block base six

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units is out of character and is not the least minimum needed to afford the appellant relief

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two units are more in character with the surrounding density the city planning

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commission recommends that the board grant the requested use variants but for a maximum of two

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dwelling units thank you hillary what do we do we'll wait till this is done and then we'll

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list it have it listed

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sorry um so so we will we will hold the vote pending receipt of the amended refusal and

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proof of tax compliance the record is otherwise closed all right thank you and thank you for

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coming down we do appreciate it all right thank you it wasn't in vain

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my client will support whenever the board decides and joe you have a couple of cases right i i do

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yeah that was so here we're uh number nine mi 2025 004 116 613 west cortland street

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just for the record state your name uh attorney joseph

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just for the record state your name attorney joseph consul um you've already been sworn

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can you identify your client the relationship to the property yeah first could you tell me

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do my plans come up for for courtland no not yet no all right i i can rejoin i'm sorry okay uh my

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client is matthew rogerson he is the owner of the property so there's a letter of support from

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Nuevo Esperanza Housing and Economic Development, RCO. An applicant also provided four signatures

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from their neighbors. Our vice chair has a few questions. Mr. Consul. Good morning. Have you

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submitted your documents and exhibits five days in advance of this hearing? Yes, vice chair. And do

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you waive the reading of the refusal and stipulate to its accuracy? I do. Okay, you can begin. All

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right. Matthew Rogerson is on the call with me. He's owned the property since the early aughts.

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I'm Joseph Consul as representative. We're here on 613 West Cortland Street seeking to reactivate the two-family household living use that had been previously approved.

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Let's see if I can find that. So here's evidence of that. From 2007 until 2012, he had a buy right to unit use on that property. He let that lapse by only renting, by getting a single family rental license, which you'll see in the record, I believe in 2014.

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and just not realizing that that would cause the issue having to run this through the zoning board

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again. So as I'll show you in a second, the interior of the property has not changed. I mean,

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he's made it a little bit nicer, but there's been nothing to add units or anything like that. It's

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always been a two unit and he's trying to correct a mistake that he inadvertently made.

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So, it's RSA 5, and, okay, let's see. I showed you the proof of prior licensure.

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Here's our proof of mailing.

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Tax compliance. I'll go through the plans in a second. Here's some photos.

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Front of house, back of house, and showing the two meters.

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There's the meters, the 1st, 4 unit. There is no living in the basement.

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2nd, 4 unit.

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Joe, he went to the CBA in 2020 and then withdrew?

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Yes.

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What happened there?

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He can testify to that.

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I wasn't his attorney at the time.

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What he told me was the the pandemic just kind of spot spun out his efforts to do everything he needed to do, and he just let it lapse.

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Okay. And again, he can testify to that.

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But we've received no opposition from anyone for any any reason regarding this property.

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so those are the the plans uh okay that's just the hot water tank there's uh our letter of

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non-opposition from esperanza there's the near neighbors uh support letter

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I already showed you that.

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Do I have the plans?

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Let's see.

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One second.

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Okay.

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So those should be the plans.

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Yes.

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I'll submit on those.

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so there you are existing uh building scroll down

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second page

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showing the uh steps in and out

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done by toner architect so here's the layout

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again i'm still getting used to doing this in person

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The basement utilities and storage and the layout of the two units.

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I believe that should be it for my presentation.

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Again, he's hoping to revitalize the two-unit rental license for a property that was never

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materially down zoned i'll call you want to bring him on yes uh matthew could you raise your virtual

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hand it should be coming back in with the panel shortly mr chair

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sir could you please state your name and spell for the stenographer

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My name is Matthew Rogerson, M-A-T-T-H-E-W, last name Rogerson, R-O-G-E-R-S-O-N.

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

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Yes, I do.

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Counsel?

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Good morning, Matthew.

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Did you hear my presentation just now regarding your property?

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I did, yes.

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Do you agree with what I said and do you adopt it as your own?

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I do.

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Would you just speak for 10 seconds about what happened in 2020?

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I began this process in 2020, like right at the beginning of the pandemic.

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And I paid the architect and toner to do this stuff and it just started getting expensive.

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I started running out of money and I, uh, just decided to, to, to put it on hold for

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a little bit until I was able to, uh, to figure out the next steps.

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So that was, that was, uh, what happened in 2020.

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Okay.

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Nothing further questions from the board.

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questions from our attorney not at this time mr chair questions or comments from

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rcos or uh neighbors in the virtual audience are here i have a hand up from a janelle alford

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i will promote them right now sure but i'm thinking it's the day time that it puts

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thank you i'll be back in shortly sure thank you

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hello hi good morning i think we spoke earlier today am i correct yes hello that's where you

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in am i correct yes that is uh um could you um tell us in um about two minutes or so what your

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position is on this project um my name okay so i'm opposing this appeal i am currently a tenant or

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was a tenant at the 613 west courtland um street property i uh did sign a lease for this property

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october 13th um and move in with this property this isn't against matthew at all because he i

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believe partners with auto property management in order for me to be a tenant under the lease of the

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apartment or property but with being said um moving forward on top of the property um

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one there is a problem with a roach infestation into the place of property there is um also a

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line of places where codes and violations have been breached and and i'm not so sure if this

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also lines with the rental insurances but there was also a breach of implied warranty of ability

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And also, I'm not so sure if I was able to upload photos, but even the photos that were provided to show proof of this property are invalid, considering maybe I can say in November is when I was notified by Otter Property Management about some zoning appeal between my unit and the basement unit,

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which had to be which I still don't understand to this day the hallway where I kept storage at had

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to be ripped apart to have stairs placed there because there was some kind of zoning issues and

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even to this day if I was to open the door and show you what that looked like it would almost

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look like a horror story I'm just stating literal facts and I do not believe that this property

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should even be within habitable reasons for anybody to live there um i can say for for myself

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that i've been experiencing this and very very bad communication as to why this property is even

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on any kind of listing website for people to yes my time is up but okay all right um

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mr council you have any questions uh my client i think would like to respond to that okay so

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I want to want to do this first one. Let's see if there's anyone else.

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Okay. All right. Is there anyone else in the audience who'd like to speak on this?

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