civus
Hearing video

ZBA Hearing - June 4, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jun 4, 20256h 8m

have railings that are you know compliant with code uh and i don't mean to be curt but if it's

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compliant with code uh and i don't mean to be curt but if it's if it's raining uh we're snowing

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i i don't know that people are going to be walking up them i can't guarantee that but we certainly

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would meet all building codes we just thought not having a pilot house would just make it more

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attractive and uh provide sight lines for everybody that's that's up there on the floor

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her house was. And the fence height, like around that, is still like the four and a half feet?

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Yes. Okay. All right. Thank you. Thank you, Ms. Caston.

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Okay. Questions or comments from our attorney?

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Not at this time, Mr. Chair. Questions or comments from the virtual audience?

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i see no hands at this time chair planning commission thank you chairman and good morning

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david effecto with the city planning commission chairman and board members the comprehensive plan

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recommends no change to the rsa 5 residential single family zoning at this location the city

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rezoned this neighborhood in 2015 in accord with recommendations in the comprehensive plan

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the appellant could build co-compliant single family homes without the benefit without including

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a rear drive aisle the city planning commission recommends that the board deny the proposed

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dimensional variance for rear yard depth okay um so henry what what i want to do with this i'm

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going to case is closed um if you would um could you answer cheryl's question by next week and

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we'll vote on next wednesday certainly but everything else is closed thank you mr chairman

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Thank you, members of the board.

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All right.

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All right.

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Thank you.

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Hillary, that's okay, right?

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Hillary, we're good with that?

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Yes, that's fine, Mr. Chair.

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We'll close except for additional information from the applicant about the venting of the

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car fumes.

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Yep.

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Okay.

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Could I provide that via a letter, Mr. Chairman?

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Whatever you think is appropriate, Senator Hillary.

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Got it.

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All right.

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Thank you very much.

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Thank you very much.

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Is there anyone in the first audience whose case has not been called?

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I see no hands at this time, Chair.

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okay um this is the first time that we've seen the other side of noon in a long time

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so i'm i will see everyone at 2 p.m all right

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good afternoon everyone my name is bill bergman and i will be chairing this meeting of the

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philadelphia zoning board of adjustment with me is our board member shell l gaston present

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Mr. Chairman. Board member Tanetta Graham. Present, Mr. Chairman. Board member Michael Johns.

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Mike will be on shortly, the first few cases he's not involved with. And board member Ty Nguyen.

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Present, Mr. Chairman. Our alternate board member Emily Persico from Development Services.

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Present, Mr. Chairman. Also present is our attorney, Hillary Emerson, our zoning board

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Executive Director, Ian Haggerty, and our Board Administrator, Restraitor, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website. By participating, you consent to

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be recorded. This is an in-person meeting with remote capabilities. Whether remote or in-person,

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if you're called to speak, you must state and spell your name and then wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party.

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There are three ways.

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You can identify the case property address on your Zoom webinar.

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You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and address the property in question.

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The following guidance is for remote attendees.

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First, when directed, you must raise your virtual hand in order to be recognized.

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Second, if you're called to testify, you'll be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases.

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Fourth, if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, please refrain from talking, eating, or drinking during the hearings.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators, down the hall.

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There's a water fountain outside.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and a court reporter.

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In the event of an emergency, please follow the directions over the public address system or by staff.

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The main exit is through the double doors at the rear.

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The main exit is through the double doors at the rear.

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The nearest stairwell is to the left outside the doors.

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The nearest stairwell is to the left.

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In case of an evacuation, the rally point is Love Park, directly across Art Street.

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Please remain here so we can account for you.

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Let's look at our schedule for this afternoon.

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I'm here

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Mr. Chairman Mike Johns

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Thank you Mike

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Number 26

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MI 2025-009-55-60-1-05-Wallon Street.

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This case is continued attorney moving party.

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Are there any other requests for continuance?

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We're going to go to our add-on list.

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MI 2024-004-944-2823 West Somerset Street.

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I vote yes with proviso.

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Takeout restaurant use limited to area indicated on the site plan stamped by ZBA June 4th, 2025.

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Hours of operation 8A to, I'm sorry, 11A to AP daily.

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Michael Johns, my vote is yes with provisals.

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Panetta Graham, my vote is yes with provisals.

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Iowa, my vote is yes with provisals.

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um mr chair uh is a board member shaheed on because we need him to vote on this case

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he's not here i don't believe right now okay all right we'll see if we can get him on see

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if we can get a hold of him later okay yes we'll have to re-vote yeah we'll have to vote this with

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him thank you so number two mi 2024 006 816 826 north 21st street i vote yes with proviso

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Maximum two units.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tynetta Graham, my vote is yes with proviso.

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Iowan, my vote is yes with proviso.

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Chair, I just wanted to correct the record on the address of that last property.

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It was 1826 North 24th Street.

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Okay.

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Thank you.

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Number three, MI 2025, 000627, 1911 Walnut Street.

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This is a re-vote.

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I vote yes with proviso.

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Revised plans, three pages, stamped by ZBA on June 4th, 2025.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanada Graham, my vote is yes with proviso.

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Iowa 1, my vote is yes with provisos.

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Number four, MI 2025-000-397-1835-37 South Bancroft Street.

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I vote yes with proviso.

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Visitor accommodation use limited to second floor.

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Temporary variance to expire 6-2-27.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with provisos.

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My vote is yes with provisos.

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Thank you.

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So for the next three cases,

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Tanetta Graham will recuse herself

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and Michael Johns has also recused himself.

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Chair, I'm here.

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Oh, good.

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Thank you, Ish.

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Mr. Chair, maybe we can vote before Tanetta leaves.

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Yes, we can vote that other case.

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thank you that was number um two uh number one number one um you board member shaheed board

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member graham and board member win okay number one mi 2024 004 944 2823 to 25 west somerset street

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I vote yes with proviso.

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Takeout restaurant use limited to area indicated on the site plan.

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Stamp by ZBA on June 4th, 2025.

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Hours of operation 11A to AP daily.

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Michael Johns, my vote is yes with provisos.

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I own my vote is yes with provisos.

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I own my vote is yes with provisos.

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Ishmael Shahid, my vote is yes with provisos.

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Thank you.

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Okay, so the next three cases that we have, we're going to hear them one at a time.

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The next three cases that we have, we're going to hear them one at a time.

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But for the, well, Mr. Nackamson and Steve, please come up.

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Leonard, you're not involved in this, are you?

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Okay.

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All right, Leonard, thank you.

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just for the record state your name spelled for the court stenographer alan knockamson a-l-a-n

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last name knockamson n-o-c-h-u-m-s-o-n you swear or firm to tell the truth the whole truth and

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nothing but the truth i do mr masters good afternoon mr chair members of the board steve

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masters s-t-e-v-e-m-a-s-t-e-r-s you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do okay um mr knockamson could you identify your client in relationship to

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the property uh yes um generally my client is penrose development mr goldberg's going to give

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the presentation in terms of the three properties okay um and uh mr masters could you identify your

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client sure my client is strawberry mansion community concern the coordinating rco okay

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and as we have three cases that we're going to hear right now bro that's right um

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what we would uh one is that when witnesses testify if they would cover all three cases

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so in other words if you're going to give you know remarks on the first case if you have interest in

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the other two, do all your remarks right then. And that way we'll be able to move this process

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on a little bit better. Okay. And Mr. Chair, I do have a legal argument that I wanted to present

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that applies to all three cases. You want to do that before we start? I would, yeah. Sure.

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And just to be clear, any arguments that apply to all three cases can be just given once and then

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just explicitly incorporated into the record for the other cases. Thank you. How about if I read

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all three into the record. So the number one is MI 2024-005-135-2401-North 32nd Street.

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number two no i'll be writing this year

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too many pieces of paper up here today it is number two mr chair i know i'm wearing

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So, number two is MI 2024, 007551, 2338 North 31st Street, and the last one is number 27th, thank you.

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sure if i can just approach to give copies to you um sure hold on one minute and the last one 20

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is our number 27 mi 2025 001 305 2500 north 31st street

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okay you give one to everybody

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we we've just received the documents

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from Mr. Masters.

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All right, I'm going to share my screen.

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I'd say, Mr. Masters, were these previously submitted with your exhibit packet?

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I know there were some legal arguments in there.

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These are, what I've submitted just now are excerpts from two opinions,

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federal court opinions, that I'm going to be projecting onto the screen.

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Okay.

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Let's see if I have...

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Sorry, I thought I had totally logged in.

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Thank you.

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It logged me out, I apologize.

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Thank you.

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Do you have Wi-Fi?

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Yes.

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So what we have in front of us now are two cases.

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The first is called resident advisory board versus Frank Rizzo.

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this is at the time that Mr. Rizzo was the mayor of Philadelphia. The second case that we're going

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to be looking at is Thompson versus the Department of Housing and Urban Development. The reason I

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wanted to present these in detail to you is because our primary argument here is not that

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affordable housing is wrong or should not be done in the city of Philadelphia. It's that it should

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not be done in violation of the federal laws of Title VI of the Civil Rights Act, which

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says that you cannot continue to put, pump, subsidize public housing in areas that are

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already overwhelmingly racially segregated into Black or White areas.

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We're going to look at the court.

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I just gave you, these are very long court cases, but I gave you about six or seven pages

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of each one that we're going to look at.

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So you understand that every agency involved here, HUD, PHA, the City of Philadelphia, the Land Bank and the Redevelopment Authority, they all have affirmative duties to desegregate our communities.

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And when they put affordable housing into communities, they cannot put them into communities that are oversaturated with low income people from one race.

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In this case, Strawberry Mansion is overwhelmingly a low-income community with almost 100% Black residents.

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That has been clear.

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