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Hearing video

ZBA Hearing - September 23, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20267h 31m

Oh, yeah, sure. We'll send it over to you guys.

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If I could just be promoted as a panelist.

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You have been promoted to panelists.

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1449 north 75th street um we have 12 exhibits here uh we'll go through them uh and we have

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uh stanley as the owner of the property stanley is a former firefighter as well as police officer

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um and he owns this property uh to live on the first floor um he travels to see his daughter

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back and forth in atlanta so the the intention was to renovate the first floor the first floor

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was originally a garage and storage area and then the second and third floors were uh just two units

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combined in there and um what happened was and you hear this story a lot he hired a contractor

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he thought that the contractor was doing everything right found out that wasn't the case

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and then he had to go across the street to city hall and deal with you know lni in terms of

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violations and and fines and it took a few years for him to deal with that and he finally dealt

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with it unfortunately the collateral damage is just not stanley but the neighbors who are upset

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with him and stanley's upset just because he's upset because he's had to deal with this for a few

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years so you know his demeanor at the community meeting immediately wasn't the best i told him

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you know the neighbors have a right to speak and say what they want to say and you can be upset

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but they're not the enemy the enemy is your general contractor who you know did wrong by you

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um so you know at the very least and he let the rental licenses lapse where it's now for the two

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places upstairs for the two places upstairs so and i don't even think that based on the letter

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of opposition they even say it's going from two units to three units right so if this board feels

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so inclined or to deny the three units which we think is appropriate under the circumstances

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at the very least they should grant it with proviso maximum two units at least you know

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get him those two units he had previously um so the notice of refusal is for an rsa5 property

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is the corner of Woodbine and 75th Street.

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It's a rather large lot of 3,124 square feet.

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He did get a permit, you know,

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the one permit he did get

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or his architect got for him

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that was to close up the two garage doors

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to add that additional space on the ground floor.

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And you'll see there's no below-basement,

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there's no below-ground living, right?

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So where he's going to live is above ground.

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But he closed up the garage legally

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with his owning permit.

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you know getting the building permits and all that that's going to be a chore whether it's

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two or three units but he's we've advised him and we told him he needs to do that the good thing

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about three units is that if it's three units as the board knows he has to put a sprinkler system

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in there so that's going to add some extra safety measures if it goes in that direction

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so we did meet with the community it was unanimously in opposition um like i said i

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don't think my client presented well because he's just really frustrated and upset you know he again

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he was a former police officer who believes in the rule of law you know he's he's not only served

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our community as a police officer but as a volunteer firefighter you know everything's

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black and white to him and you know he's you know he's like well why am i fighting at all like i

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did everything i i thought i was doing everything the right way i hired a general contractor i

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assumed i get all the permits and all of a sudden all hell breaks loose and i have to deal with

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this for many, many years and spend a lot, our firm didn't represent them, but many hours and

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thousands of dollars in litigation with the city. So they did have comments, and I wanted to go

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through the comments of opposition. The community has every right to say what they want in the

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community, but it does have to make sense too. So the first comment was that the applicant did not

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come to the RCO before pursuing the zoning relief. Well, we did and we didn't, right? There's a

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process we we apply for the zoning permit application or we apply for zoning permit

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we get a refusal which we knew we're going to get and we go through that process and we went through

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that process but it's not very often that you go to the community before you even make the

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application you know some of my clients we've tried especially for bigger projects to go to

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especially for bigger projects to go to the community most communities are not receptive to

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the community. Most communities are not receptive.

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that you know they're already overloaded so what we did was not anything different than most people

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do we didn't try to slip it by them um we followed the process and you know we tried to explain that

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to them the second is about the construction noise from the equipment again my client hired a bad

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general contractor he admits that he you know i'm going to apologize on his behalf because he's

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frustrated and it's you know some people get so emotional about these things it's incapable of

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of expressing what should be said and so i do apologize you know on behalf of my client to

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the community and i did afterwards too i said i'm so sorry like even some community members was like

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i was hoping to support this but your client was really difficult and that's a nice word what they

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said so um third thing construction occurring outside of permitted hours again my client hired

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a bad contractor he's going to he's he's intending to hire a good one who's going to follow the rule

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of law number four which doesn't make sense to us neighbors are receiving trash and sanitation

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violations so they're separately receiving trash and and sanitation violations they're somehow

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blaming us for that that somehow what we're doing on that site either through trash debris or

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something is somehow going to their properties i think we looked on atlas and we did about like

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three one ones or trash i don't think anything's been done the last year like there's been no

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violations the last year so since we filed so i can't speak to that uh no clear answer what on

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what permits have been pulled again we what we're showing you is what we show the community we stated

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that my client got a zoning permit to close up the garages. He thought he was getting all these

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alteration and building permits to do the right thing. He thought he was getting three units as

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a matter of rights. That's the truth. And unfortunately, who he relied on, they didn't

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do the right thing. And the last one, it kind of speaks to the relief that we're asking for

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and a minimum of two units the variance saw duplex to triplex in the comparison offered right so i

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don't think they even dispute that this was previously used as a try a duplex for many many

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many years and we have the rental license to show when it expired but the triplex that we're offering

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is on the same street we're a corner property in woodbine i think it's martha i don't remember the

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cross street on the other side and we have a picture it's the same exact type of building

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that's a triplex as well they're like well that that that that zoning permit was granted 42 years

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ago it's like anything whether it's granted 42 years ago 42 hours ago 42 minutes ago 42 seconds

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ago it's the same thing right so it's apples to apples like that's what we're trying to say it's

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not out of character so we're hoping that the board the two units were legal and then he let

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it expire he let it expire but when he didn't let it expire the problem is he had all these violations

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And as many members of the board know, once we have a violation against the property, we can't renew the rental license.

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Okay.

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Yep, I got it.

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Yeah.

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Property history.

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So here you see is the two rental licenses that expired on October.

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So it's from August of 2021 to October of 2022.

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So we're past the three years.

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And then I also have the zoning permit application, or zoning permit, excuse me, where he enclosed the area where the garage was.

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And then here's the three units at 1401-03, North 75th Street, Apples to Apples.

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And then this is just an aerial view of 1401-03, right, kind of showing that even how it looks from an aerial view is exactly the same as ours.

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and then this is the side view of 1401 again you'll see it's very similar to ours where you

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have a side front door for unit number one and then you have unit number two and three that go

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up those steps and then maps so like here's our property you can see it's really really large

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you know compared to the other properties on that street from a lot size perspective

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other than the huge apartment building that's behind us so it's also not out of character

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to have such large multifamily living behind us.

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And that's called Haverford Court Apartments.

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And then photographs of the property,

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as you can see, similar to 1401,

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there's a front door, it's two stories,

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really three stories because as you see

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how the property slopes,

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that would be the first floor unit.

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Everything is above ground.

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Here's a zoning hearing notice postings

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for both public streets.

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North 75th Street to the right of the property,

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to left of the property woodbine avenue to right of the property until left of the property

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our interior photos.

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our interior photos and again he was just going to completely cut this place out and then

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And again, he was just gonna completely gut this place out.

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And then obviously he got stopped in his tracks

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because there was an issue with L and I.

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But really, this application really is legalizing

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all three units, but really two of the units

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existed previously.

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And then just the floor plan.

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So this is really what would be the new use

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is here's that side door.

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and by the way there's a back door as well you have a living room a kitchen and then you have

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you have two bedrooms and you have a bathroom right next to the two bathrooms i mean two bedrooms

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which is always good right we try and then instead of going to unit number one you have unit number

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two and three and these are the existing ones where you come up a flight of steps you have a

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living room you have a kitchen a dining room a kitchen and you have the two bedrooms and right

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Right next to the two bedrooms is the bathroom and the same floor plan is for the third floor

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as well.

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We met with the community on August 11th.

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It was a well attended meeting.

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We sent that notice to, I can't see how many addresses, 89 addresses.

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These are the addresses, proof of mailing to those addresses.

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Our application for zoning variance along with the notice of refusal and the project

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information form our deed to property showing that stanley owns the property again he's not

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a company he's not hiding behind a company he just wanted to buy a property renovate it live

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in the ground floor unit and continue and and fix it up it's been you know you know it's it's old

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and he wanted to fix it up to to add value to the community um i would ask that stanley virtually

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raise his hand and be sworn in and of course we would answer any questions the board may have

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danny has been promoted to panelists danley could you please state and spell your name for

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the stenographer yeah can you hear me again okay yes stanley mcdaniel uh s-t-n-l-e-y-m-c-d-a-n-i-e-l

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right do you swear or affirm to tell the truth the whole truth nothing but the truth

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all right far cancel oh yeah stanley you heard everything i had to state today about your zoning

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matter all right is it true and correct yes sir including all the issues you had with the general

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contractor you hired correct also may i add something to it as well sure yeah i do have a

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licensed contract on standby uh waiting to um complete the project out again like um you stated

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already that it was an issue with the contractor that i thought was a licensed certified insured

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contractor but when i found out he wasn't i had to go to city hall and again i'm just reiterating

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what you just said and took me through a whole lot of process and they stole thousands of dollars

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of my money so when i went to city hall i apologize when i went to small claims court

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um the situation came about was his mailing address was not um accurate and then with the

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whole process not only did he steal my money but he stole the neighbor's money next door as well

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which he was he was one of the guys at the hearing as well was he he attested to that in regards to

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his money was stolen from that contractor so it wasn't just like i was just trying to you know

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not just do things the right way i thought i was doing things the right way by paying

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a licensed contractor i need to do because again i'm retired from the city of falafia i did 23 years

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of the city of Philadelphia the fire department the police department now I'm in school for law

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actually I just completed law school at the same time towards well I'm always trying to obey the

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law at the same time as well but I just get frustrated when I feel like um I'm being opposed

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against when I'm trying to do something right but at the same time people keep pointing to think I

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mean like I'm doing something wrong when they know the situation at hand that um there was

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licensed contractor without just robbing people legitimately in regard to the situation I'm

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dealing with. And again, I'm not repeating myself, but the neighbor next door of mine,

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he hired the same contractor and had the same issue. Yeah. And Stanley, just, and I think you

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said this, like your intention is if you do get this variance, obviously not only gain the zoning

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permit, but gain the building permit and not only hiring that general contractor to make,

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but to also make sure that they complete it to a certificate of occupancy that's correct

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right and then there was one thing i did not bring up in terms of trash storage

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you will agree to a proviso trash to be stored outside on the side of the property in an enclosed

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trash area is that correct that's correct whatever the compliance is for the law i'm i'm willing to

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agree upon that i have no issue with obeying the law it's not at all at no point again i'm retired

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Again, I'm a retired police officer, retired Philadelphia Fire Department personnel, and actually retired correction officer.

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police officer retired philadelphia fire department personnel and actually

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So I've been doing legitimate stuff for all my life.

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I have no problem being legit.

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It's just that I have a problem with somebody that keeps stealing from me.

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That's my problem.

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Yeah.

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All right.

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And then everything I said was not only true and correct, but you will adopt it as your own testimony.

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Correct.

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All right.

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Thank you so much.

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Thank you.

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Questions from the board.

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What's the plan for trash?

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we would store it outside on the side of the property um in the enclosed area let me just

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go back to the picture we have a lot of room on that side and we'll do it discreetly we're not

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going to just store trash cans here but i can show you the picture of where it would be stored

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right here this little area well that little big area but we'll do it discreetly so it's not an

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eyesore to the community and what's the plan for sort of that paved area is it just going to be

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open for the all three residents because your property line comes all the way to the sidewalk

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correct yeah i think it's an opportunity to you know you know with legal fencing to you know maybe

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fence it off and and maybe add an outdoor area for them you know for like a patio area give some

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