civus
Hearing video

ZBA Hearing - May 14, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 14, 20254h 1m

four. Both decks are in locations within buildable zoning envelope. As part of the

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historical commission process, we incorporated setbacks where the new buildings meet the old

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building. Because of these massing decisions that came out of the historical commission process,

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the interior spaces were made deliberately smaller. These modest outdoor spaces are private

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to their respective units and are a way to add back a small amount of living space that would

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otherwise be interior. The two decks that fall within the five-foot setback face the relatively

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low-traffic block of Waverly Street between Carlisle and 15th. The property across the street

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is a large multifamily building that itself contains five large projecting balconies.

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The rest of the block includes a single-story garage structure.

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Thank you and happy to answer any questions at the end.

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uh you want to bring your uh client on sure

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all right just take a seat please and get close to the mic if you would

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please state your name and spell for this photographer

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keith aliats k-e-i-t-h-a-l-l-i-o-t-t-s do you swear or affirm to tell the truth the whole truth

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nothing but the truth. I do. Counsel, please proceed. Keith, you heard my testimony earlier today.

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I do. Council, please proceed. Keith, you heard my testimony earlier today. Is that correct?

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Yes. And do you agree that everything I stated is true and correct to the best of your knowledge,

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information, and belief? Yes. And do you agree to adopt my testimony as if it were your own?

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Yes, I do. I have additional renderings, including some floor plans. Sure. Why don't you show them?

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yeah just run to the floor plans right now these are just some more of the

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um overview and just for one more bit of context that additional roof deck is where i'm highlighting

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right here that was that um the one where we don't have the setback here five feet right um

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and then for the floor plans uh we also have some shade studies on here showed really no impact

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um and then lastly the floor these are the floor plans um mix of ones and twos uh we're not seeing

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the floor plans right here is this the floor plans here it's a shadow study a second behind

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here here how's that yep i didn't touch my thing it's just a few seconds behind i guess okay sure

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thank you um so here are the floor plans and you can see the circulation as well as you know there

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is a little bit of an additional open area on that first floor as as you lead in but

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a lot of this was guided by the double loaded corridor here in the rear and ensuring that

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we had good unit sizes in the back and I'm happy to answer any questions the board might

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have questions from the board what was the what was the uh the vote the rco vote it was unanimous

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for the roof deck at the fourth level or above the fourth level are these only accessible through

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the individual units attached to them yes yes okay other questions

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Questions from our attorney?

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No, sir.

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Questions or comments from the virtual audience?

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Mr. Chair, I have a hand up from Amir Day.

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I will promote them and involve them when I speak.

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They'll be back in shortly.

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Good afternoon.

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Could you please state your name and spell for the stenographer?

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Yes.

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My name is Amir Day.

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That's A-H-M-I-R-D-A-Y.

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

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Yes.

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Mr. Day, are you a neighbor?

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I am not.

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Okay, please proceed.

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So I'm here to say for the record that Council President Johnson is not opposed to this property.

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Thank you very much for taking the time to call us. We appreciate it.

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No problem. You have a good one.

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Okay, you too. Anyone else in the virtual audience?

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I don't see any further hands, Mr. Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends a change in zoning at this location from the existing CMX1 commercial mix use to R1 residential multifamily.

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The proposed variance for rear yard depth and building height are existing conditions.

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The appellant has demonstrated that there are unique physical conditions or circumstances that would prevent the property from being used in conformance with zoning code for roof deck setback

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and unit count but not for a minimum open area the planning commission recommends that the board

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grant the requested variances for building height rear yard setback unit count per lot area and

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roof deck setback but deny the requested variance for minimum open area thank you um mi 2025 0 0 0

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4 8 1 4 15 to 17 south 15 street i vote yes michael johns my vote is yes cheryl gaston my vote is

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yes. Tanetta Graham, my vote is yes.

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Iowyn, my vote is yes.

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Dishmael Shaheed, my vote is yes.

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Thank you. Thank you very much,

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members of the board. Thank you.

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Thank you.

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Number

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nine, MI2025

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000470

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3110 Aramingo Avenue.

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Henry Clinton is the attorney.

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There's a letter of support

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from Southport Richmond Civic Association.

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Vote was

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26 in support, 6 in

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opposition. Letter of non-opposition

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from Councilmember Squilla.

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We'll be coming back in

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at the panel show, Mr. Chan. Thank you.

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Good afternoon, Mr. Chan. I'm the members of the

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board. Hi.

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Council, could you please state your name and spell

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for the stenographer? Sure. Henry

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Sure. Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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

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I do.

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Mr. Clinton, could you identify your client, the relationship to the property?

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Sure. My client is Claudio, K-L-A-D-I-O, Byless, B as in Boyd, Y, L as in Larry, I-S.

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Thank you. Our vice chair has just a few questions.

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Good afternoon, Councilor. Do you agree to either read another refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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We have what we supplemented today with a letter from Councilman Squilla, as well as very rough plans that my client put together, as you will see on the presentation.

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Thank you, Council. Please proceed.

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Thank you.

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is that visible mr chairman it is sir okay uh again good afternoon henry clinton on behalf of

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uh claudio bilis um for 3110 aramingo by way of background this was a physician's office on the

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first floor for 50 years and a two-bedroom apartment on the second floor. We're requesting

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that the commercial floor, which was a doctor's office, be residential so that you have two

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two-bedroom apartments rather than a doctor's office on the first floor and one apartment

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on the second. These are the table of contents A1 through A10. Here's the refusal. It is in

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RSA 5 zoning district and refusal proposed use to family household living is prohibited

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in this residential district.

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We do have an RCO letter of overwhelming support as Chairman mentioned from Southport Richmond

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Civic Association and also a letter of non-opposition from Councilman Squillett.

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So this is the property right here, a two-story property on a 3100 block of Aramingo.

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At the corner, there's two corner stores with apartments above, and we are right off the corner.

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Doctor's office used to be on the first floor, and I don't know whether he lived above or not.

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The zoning records don't indicate.

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In fact, I couldn't find any zoning records.

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I found some publications that I had at the end of my presentation indicating that Dr. Frank Herbert, H-E-R-B-E-R-T, had a doctor's office on the first floor.

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An aerial view of 3110, just showing you the depth of the property, and there's a little outbuilding on the back.

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Two gas meters. Well, actually, there's one gas meter with a hookup for a second gas meter in the basement because the commercial space is not occupied.

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Again, these are shots of the basement indicating there were two hot water heaters here.

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You can see the hookup for the second gas hot water here.

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The one does remain.

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Just some more photographs of the outside of the building.

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This is a photograph of the breezeway showing you the two electric meters on the side,

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and I have a close-up view of that also.

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This is the first floor.

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There was a powder room for the doctor's office.

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This is the hallway.

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um now my client just has some materials in there he's not doing any work on that

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first floor at all some cabinets remaining for when the doctor was there

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this is the second floor two-bedroom apartment bathroom full bath uh with the tub

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toilet and vanity kitchen area

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the hallway one bedroom to the right there's another bedroom in the front of the building

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closer view of the front of the property postings of the placards

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the plans were originally started by the architect and there was something went on

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between the architect and the client so my client actually has prepared floor plans which

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you'll see are very rough, but this is the site plan. Try to blow that up a little bit.

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About 14 and a half wide, and the building itself is 71 deep, so it's a rather deep property.

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These are the elevations as is. I showed you photographs, which basically outline what the

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front of the property and the rear of the property look like. And then these are the homemade

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And then these are the homemade floor plans, which my client was forced to put together on short notice.

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floor plans, which my client was forced to put.

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This is the waiting room of the first floor doctor's office.

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There's three rooms on the first floor, and there was a half bath in the rear with a hallway.

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This is existing.

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And then this is the second floor apartment.

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I did show you a photograph, stairs coming up, and then kitchen in the rear, and bedrooms, bathroom, excuse me, and then two bedrooms.

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Let me try to blow these back up.

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This is the appeal for application.

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Tax clearance indicating there's zero balance on real estate taxes.

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Zony map.

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we're right here in the purple outline

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and CMX1 is on the corner

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as I said that's just two stores

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with apartments above

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deed indicating ownership

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a notice letter to everyone in the community

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and certificate

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we mailed out 207 pieces of mail

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and the past use of the property

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Dr. Frank Herbert

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3110

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And Aramingo, people told me about him.

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Again, I couldn't find anything in the zoning records,

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but when I went online, I was able to find out

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Dr. Frank, in fact, did occupy that property.

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He was a family doctor, a DO,

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graduated from Des Moines University in Iowa.

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So that is the presentation.

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We're asking that the commercial space on the first floor basically be switched to residential because there's no commercial use there and it hasn't been.

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We have no impact of light and air on any adjacent properties.

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We're generally in conformance with the code.

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It is a residential district.

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We're going to try to maintain two uses but for the commercial.

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We provided evidence of past use of the first floor, indicating that there were two uses in play.

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And we're basically in harmony with the code and in harmony with the desires of the community group.

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That is the presentation.

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And Mr. Byless, if you're on the call.

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Mr. Clint, do we know where the next door neighbor is on this?

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I think Mr. Byless can talk to that, Mr. Chairman.

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Why don't you bring him on?

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Okay. Mr. Bailas, can you raise your hand?

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Claudio?

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You should be coming back in as a panel shortly.

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Thank you.

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You hear me?

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Yes, we can. Sir, could you please state your name and spell for the stenographer?

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Hi, my name is Claudio Bylis, K-L-A-U-D-I-O, and last name Bylis, B-Y-L-I-S.

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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.

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Please proceed, Mr. Clinton.

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Yeah, Mr. Bylis, were you on the call when I presented the project?

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Yes.

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And did you hear the chairman's question about your neighbor next to you, adjacent to the property?

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Yes.

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okay and uh do you know what the position of your neighbor is

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you indicate you talk to the neighbor um yeah i talked to the neighbor she rented out the place

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she's not living there anymore okay and was she okay with the continued use of this property

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Yes, she was okay.

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And when did you talk to her?

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She moved to Delaware.

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I talked to her.

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