civus
Hearing video

ZBA Hearing - August 6, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 6, 20255h 46m

Iowa, my vote is yes with proviso.

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So, thank you.

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Okay, let's see here.

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Are you right with you?

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Number 10, MI 2025-001-853, 1224 North 20 A Street.

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Al Nockmson is the attorney.

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There's a letter of support from Ruritown Chargerswood Community Civic Association

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and non-opposition from Council Member Young.

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Good afternoon, Mr. Nockamson.

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

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Alan Nockamson.

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Oh, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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Yeah, well, we have your name on speed.

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Yeah.

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Do 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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Could you identify your client in relationship to the property?

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Yes.

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My client is KMPM Holdings, LLC, the owner of the property.

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I apologize.

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I did not enter my appearance.

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So, I mean, I entered my appearance.

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I didn't like enter it right now.

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So just give me one second.

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That's a first.

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So let me just do that for two seconds.

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Let's see.

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So sorry about that.

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Let's see.

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It's got to get into the calendar.

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Let's go in here.

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Okay.

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One last thing.

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12, 24.

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Okay.

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Sorry about that.

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if I could just be promoted to a panelist

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perfect yes you have been promoted to panelists

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thank you and I'll just

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share my screen just make sure I have the right

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one up okay

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I'm going to share my screen

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All right. So I'm here to present 1224 North 28th Street. Again, to my left is Mike Randolph,

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the owner of KMPM Holdings, LLC. And we're here to legalize a triplex that has been a triplex for

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as far as I can see on Atlas. Our presentation includes 13 exhibits. As the chairman stated,

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We have a letter of support from the community, and 198 addresses were notified of that community meeting that took place a few months ago.

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So this is an RSA 5 property.

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We're not changing the structure at all.

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We're just trying to legalize the use of this structure that has been a triplex for some time.

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Mr. Randolph is intending to do a complete gut job at the property.

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So he understands as part of that process is that he's going to have to sprinkler the building.

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So that's something else for the board to consider, that he's going to bring it up to current code.

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Even though it's been used as a triplex, there is no fire suppression system in the building.

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As stated in the letter of support, it was a well-attended meeting, overwhelming support of 12 in support, 2 in support and 1 abstain.

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uh they you know the community stated that they acknowledged that this has been a multi-family

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property for some time it's a corner property at the corner 28th and style street and then you

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can see from the history here uh there's some indication that this was applied for for as a

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applied for as a triplex. There's no history at all that I can find of any single family use here.

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triplex there's no history at all that i can find of any single

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Again, Mr. Randolph is purchasing this property based on the fact that it was advertised to him

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as a triplex. He's here now to legalize that use. And that property has not been maintained well,

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and you'll see from the photographs. So he's just trying to bring it up to date and up to code.

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not out of character to have multifamily nearby we have 2800 master street 1239 north 28th street

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1241 north 28th street as well as 1225 north 28th street so i try to provide a couple properties

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nearby three of which is on that block in particular all triplexes and as you can see

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here we're at the corner 28th and style street there's a mix of different zoning classifications

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including rm1 and cmx2 and a half we are near commercial corridor on west gerard avenue as well

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so this density will help uh you know the commercial corridor uh sustain itself and then

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this is just a google maps perspective of the property from where the property's at

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and then photographs of the property uh against corner property uh has two doors one facing here

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on 28th Street. The other one facing, well, actually you can't see it here, but there's a

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lower level door that's existing here. It's not the greatest photo, but it actually has steps

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leading down. I know the board's always concerned about lower level living. There's direct access

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for this bi-level unit on the first floor and lower level. You can also see here, there was

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a former garage here. My client plans to repurpose it in the form of having trash in there, storage,

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so we would agree to a proviso trash stored inside as well as additional maybe tenant storage as

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well and then these is this is proof of our notice posting so you can see from both 28th street and

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styles that we posted our orange notice posters for today's hearing and then this is north 28th

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street to the right of the property to the left of the property west style street to the right of

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the property to the left of the property our photographs so again my client is you know hoping

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to purchase this property we have a we have an agreement of sale that shows us that we have a

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closing date up through the end of august but this you know the deal is continuing obviously

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for zoning approval but here's just some interior photographs showing the multi-unit nature of the

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property and again my client intends to completely gut the property install a fire suppression system

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and comply with the updated building code requirements

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and then just our plans here um as you can see here uh let's move this thing over uh so you go

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through the front door uh you make a left for unit number one uh it's an open floor plan here

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you go to a lower level there is a bedroom down there in a flex space but what i'll say is is

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there's a separate entrance with a door uh to go to a lower level um instead of going to the

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bi-level unit which is a two bedroom one bath you go to the second floor which is its own unit which

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is a one bedroom one bath you come in there's a kitchen there's a dining room there's a bedroom

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there's a ton of light in there because we're a corner property you know for all of the all of

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the units and then instead of the second floor with unit number two you go up a third flight

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and that's unit number three which is also one bedroom one bath you can see an open floor plan

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you can see bedroom you can see a bathroom and obviously storage for the tenants

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hold on for a second you said that you had a direct walk out from the basement that plan

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doesn't show that where's right here right here that says egress well i know it's incorrect that's

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what it states it's we're not doing any changes that that's it you're right that's incorrect on

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the actual floor plan the floor plans are for illustrative purposes only this is a use application

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only but that's an existing and i maybe if we go on google street view maybe if i hit it a

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different angle you'll see that but um is there coming out of the basement right here there's

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right here there's two steps so no so there's actually a stairwell because you said you made

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it sound as if there was a direct stairway access into the basement well i'll yeah i'll defer to

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mr randolph who's been to the property can you answer mr board member john's question mr randolph

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could you state your name first and spell for the stenographer turn on your is your missing one

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right hello yeah mike randolph m-i-k-e-r-a-n-d-o-l-p-h do you swear affirm to tell the truth

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told truth nothing but the truth yes please proceed yes is are there direct steps leading

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down to the basement or leading up to the basement depending on your perspective from

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the exterior yeah correct where it says walkout egress there's actually i think five or six steps

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Yeah, correct. Where it says walkout egress, there's actually, I think, five or six steps leading down to a door that enters you into the basement from the side of the property.

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leading down

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Okay. So you go into, you go down steps and then to a door.

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Correct.

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Okay.

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Okay.

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So I do apologize for, this is not an accurate appraisal of what's actually happening there.

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If you see it from Google Street View, which you can check yourself, you'll see those steps.

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RCO meeting notice, we met with the community on June 19th.

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like I said, overwhelming support. Brewery Town Shardswoods Community Civic Association is a

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well-known, respected, and knowledgeable RCO. They have a two-step process. They require documents a

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few weeks before the community meeting. They vet those documents. They review those documents. And

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then they make their own recommendations after hearing community input. So this is a very

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experienced RCO. The fact that the community and the RCOs in support of that speaks a lot about

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this project and again you know mr randolph is also a member of the brewery town shardswood

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community so he's a well-known quantity who has developed in that area as well

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here is proof of mailing of that community notice we mailed it again to 198 addresses

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proof of mailing to those addresses or you know application to the zba for the zoning variance

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request and then our agreement of sale most importantly i just want to point out to show

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the settlement date and it's like a little bit has a settlement date that we extended to june

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i mean august 27th of 2025 so if the board does grant this variance we will have the ability to

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close on this property uh certificate of tax clearance actually i told mr randolph to make

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sure that he's tax compliant that the property owner's tax compliant he personally paid those

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taxes to make sure that we can have tax compliance today so we can move forward to a settlement

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with that being said i would ask um mr randolph given that he's already been sworn in three

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questions you heard everything i had to state today about your zoning matter yes it's a true

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and correct yes and do you adopt this your own testimony yes thank you questions from the board

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

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the virtual audience i see no hands at this time chair any commission thank you chairman and good

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afternoon david fecto with the city planning commission chairman and board members the

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comprehensive plan recommends no change to the RSA 5 residential single-family zoning at this

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location the city issued a rental license in 2005 for one dwelling unit and an alteration permit

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for a single-family dwelling in 2017 it appears that after some point in 2017 an owner appears

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to have converted this to a three to three dwelling units without the benefit of permits

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this is a primarily single primarily single family block face a complete rehabilitation

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as stated in the appellant's testimony would allow the appellant to reduce the number of

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dwelling units to be closer in compliance with the existing zoning the city planning commission

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recommends that the board deny the proposed use variance for three dwelling units

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the only thing i would state mr chair that this property has not been kept up for some time we

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we're purchasing it as a three unit it's a corner property and i believe it's a responsible use of

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that property especially since we have that secondary form of egress in the lower level

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and the deal is contingent on receiving such zoning approval so we hope that the board agrees

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and allows us to activate that corner in the brewery town shardswood section of philadelphia

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MI 2025-001-853-1224 North 28th Street, I vote yes with Proviso. Trash stored, stored inside.

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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 Proviso.

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Brian McAdams, my vote is yes with Proviso.

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Ayoed, my vote is yes with Proviso.

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Thank you.

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Thank you, Councilman.

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Number one, MI-2022-007-291-430 West Burke Street.

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David Orfanides is the attorney.

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David Orfanides will be rejoining us as a penalist.

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morning mr good afternoon mr chairman just for the record you've already been sworn today please

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state your name certainly my name is david orphanetes last name is spelled o-r-p-h-a-n

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Certainly. My name is David Orphanides. Last name is spelled O-R-P-H-A-N-I-D-E-S.

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And this is a resumptive hearing?

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Correct.

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And my understanding the way we're going to do this today is you will present revised plans that are being reviewed for an amended refusal.

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You will also update on conversations with the neighbors.

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There will be questions from the board and council, public testimony limited to today's presentation, and any change with the Planning Commission.

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So that's where we are today.

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Correct.

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And we're not going to vote on this today because the board has to view the video.

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Correct.

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Okay.

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So, okay, may I proceed?

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Please.

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I'm representing Gladwell Properties, LLC, which is the owner of the property.

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The property is shown up here, outlined with a...

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David, you don't have anything up.

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There's nothing up.

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Oh, sorry about that.

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I jumped right to it without doing that.

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Hold on a second. I thought I'd already hit share.

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How was that?

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Fine.

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Okay. So the property is the clouded area that you see here.

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My client originally owned this.

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Well, originally this clouded area in this area here to the left was one parcel.

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He subdivided into two parcels, developed this parcel right here with a number of eight units.

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That was phase one of this project.

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So this is the third phase of the project.

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And the first phase was four eight-unit buildings that were stretching down here along North 5th Street.

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One portion of this project is to put in a fifth building right here, where the property extends to North 5th Street, another eight-unit building.

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And I can show you those plans if we need to.

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The second phase was to construct a buy-write.

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These were done by variants.

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And again, you'll see in a minute, the building that's proposed here is the same as the buildings that were granted variances by prior zoning boards.

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Phase two was a number of six, eight-unit buy-write buildings over here along Cadwell Otter Street.

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