civus
Hearing video

ZBA Hearing - February 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 2, 20225h 49m

I was even approached by a car dealership to rent the lot for me.

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However, after consulting with Ms. Ellen, I denied his request.

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And it's your understanding that Ms. Ellen Douglas did, in fact, send an email or a reiterated email in support of this variance being granted. Is that right?

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Yes, that's correct.

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Thank you.

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Mr. Chairman, I don't know if Ms. Ellen Douglas was able to come on today. I spoke to her about an hour ago.

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She had just gotten done, not coming out of the doctors.

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She may be here, but she said she was very tired, but was going to be emailing her letter of support.

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Sure.

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Not sure she's on the line.

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Is Ms. Mary the owner of the property?

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Ms. Mary is a member of the LLC that has an investment in the property, yes.

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All right.

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Would she adopt your testimony?

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yes ms ms mary would you uh did you hear what i said today yes i heard what you said and what

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was true and accurate to the best of your knowledge yes everything was it true uh and

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you adopted as your own uh testimony yes thank you thank you mr chairman for the

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questions from the questions from the board no mr chairman no no mr chairman

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questions from the virtual audience

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chair we have Mr. Charles Richardson

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sure Mr. Richardson you can

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meet yourself and wait for the chair

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good afternoon again Mr. Chair

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just state your name Mr. Richardson you've already been sworn

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Charles Richardson from the office of Councilwoman Cindy Bass

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room 312 City Hall

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proceed sir

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okay

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Just referring to Mr. Anastasio's commentary earlier, just because there are currently no

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single-family homes in that area does not mean that you cannot attempt to build them there.

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30 units is too many. The councilwoman feels it's too dense for that location and therefore

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she is supporting the RCO and those that came to the meeting and asking that you deny the variance.

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Thank you. Other people in the virtual audience?

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Chair, we have Kiana Shedrick. Ms. Shedrick, you can unmute yourself and wait for the chair.

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Could you state your name, please, and spell for the court reporter?

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Yes. Good afternoon, Chair. My name is Kiana Shedrick. First name Kiana, Q-I-A-N-A. Last name Shedrick, S-H-E-D-R-I-C-K.

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

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I do.

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Proceed.

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Yes. I'm representing an affected RCO on the case, and I wanted to make several points this afternoon.

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The first is our RCO was not notified of the scheduled community meeting date from neither the attorney on this case or the coordinating RCO.

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And I just wanted that noted for the record. My second point is in our community, as Mr. Anastasio pointed out, there are over 500 lots vacant in our community.

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And with the depth and size of many of the lots, reproducing single family homes in those spaces are not only cumbersome for people to purchase financially, but also the cost to build on those size lots.

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It's just not supported by financial backing when people need to build.

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And so not saying that our RCO does not support single family development, because we do.

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We're in support of development that makes sense.

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But if we continue to wholesalely deny developers for bringing lots in density, we will short

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sight our community and continue to have vacant lots.

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So we support development that makes sense. And this project does seem to do so.

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If the case is kicked back to the community, we're just.

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If the case is kicked back to the community, we're just requesting openly to be notified

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of the date and have an opportunity to participate so that the members that are a part of our

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organization, which is in excess of 30, have an opportunity to participate and voice their

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concerns. And we're the North Neighbors Association. Thank you for calling it.

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Other people in the virtual audience.

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Chair, I see no hands at this time.

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Planning Commission.

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Good afternoon, Chair Bergman, members of the board, David Vecto, City Planning Commission.

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The comprehensive plan recommends this property for residential single-family use.

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The current I-1 zoning presents a clear hardship to reusing the land.

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The surrounding lots on this block are zoned single-family, and with RSA 5 zoning, the unit count allowed by Wright would be 8.

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So 30 units is not the minimum variance needed to allow the applicant to derive value from their land,

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so we recommend that the Board deny the use variance for 30 dwelling units built over 9 separate lots.

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MI 2021 004246 3629 to 51 North Smedley. I vote no.

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Harold Tenere, my vote is no. Thomas Holliman, my vote is no. James Snell, my vote is no.

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Ishmael Shaheed, my vote is no. Thank you. If I may ask,

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Given that it's I-1, it could be, you know, as the Planning Commission said, a gas station or something, you know, other than single family.

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But would a different number please this board at some point?

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I think what would please this board at some point would be not just a different number, the whole issue, what the neighbors think, what other people think, and things like that.

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And then that will come back to the board.

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but i i don't want to tell you a different number i think no i understand that but if the neighbors

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and i if the neighbors and my client could come to an accord with a lower number lower density

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but that might not please all i would say is we would have an opportunity to take a look at that

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if it came back to us yes thank you yes mr chair i would recommend the board not um make that

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recommendation as the council's requesting okay thank you i appreciate it

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have a good evening

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MI 2021

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004370

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5100

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Larchwood Avenue

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RCO West Philadelphia

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Economic Development Council

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letter of support coordinating RCO

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Garden Court Community Association

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letter of support

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Isaac Slepner

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attorney

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Chair, Mr. Slepner will be coming back in as a panelist.

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Hi, Mr. Slepner, state your name, please, and spell it for the court reporter.

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Yeah, hi. Good afternoon. Isaac Slepner, I, India, S, Sam, AA, Alpha, C, Charlie. Last name Slepner, S, Sam, L, Larry, E, Elvis, P, Peter, N, Norman, E, Elvis, R, Robert.

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Go ahead, sir. You have someone?

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No longer with Matt Ione. New contact information. I suppose I should present that to the board.

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Otherwise, I'm going to enter 201 South 18th Street, Suite 300, Philadelphia, PA, 19103.

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Right. Thank you.

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

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Yes, I do.

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Our vice chair has a few questions.

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Hi, Mr. Slefner.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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And it appears that you have submitted everything that's required.

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Is that correct?

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It is correct. Yes. Thank you. You may proceed. Okay. I'm here today on 5100 Larchwood Avenue

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and 5100 Larchwood Avenue. I, if I may just proceed to share my screen, I'll take

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And 5100 Larchwood Avenue, I, if I may just proceed to share my screen, I'll take the board through my presentation materials and this whole situation.

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So without further ado, I'm going to go ahead and share my screen here.

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Oh boy, there it is.

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We're going to go full screen on this.

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All right.

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okay so uh first up exhibit one is our notice of refusal which we just stipulated to uh exhibit

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two is our original application for appeal uh signed by me appealed on 10-5-21 exhibit three

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is our project information form exhibit four is the affidavit of service of mailing of notice to

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neighbors the um mailing was on november 22nd um of a letter uh dated november 18th well yeah um

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and this is our this is a copy of the letter that went out to the neighbors which

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had both the rco meeting um listed as well as our hearing day right now um signed by me

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CC to all of the various people you may know in the CC, including Andrew Goodman of Councilmember

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Gauthier's office. This is, again, we had attached a copy of the refusal, and these are all of the

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addresses that we copied with our mailing. There are about a hundred of them, give or take.

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But five is our letter to the neighbors, noticing them of the RCO meeting held by Guard Court,

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as well as this VBA hearing right now.

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Exhibit 6 is the letter of support

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from Garden Court Community Association,

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dated December 10th of 21,

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in which this is the summary of their vote.

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It was 10 in favor, 1 opposed, and 1 non-opposition.

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This is the letter from the Garden Court.

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Next is the letter of support

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from West Philadelphia Economic Development Council.

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Also a letter, it says strongly support.

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Exhibit eight, well, we're gonna go on to our site plan.

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And I have out here my architect,

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my architect Kenneth Johnson.

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Ken, are you out there to walk the board

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through the site plan and the floor plans?

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Well, I guess I should clarify what we're seeking.

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We're seeking essentially legalization of existing use.

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um but there's a it's got a backstory I mean every property has a backstory um I guess I'll start

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with well we'll start with the site plan we'll let my my architect take us through the site

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plan and the floor plans and then we'll we'll move forward from there so Ken are you out there

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Kenneth Johnson is my architect

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yes mr johnson you can unmute yourself yes can you hear me yes could you state your name and

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spell for the court reporter please kenneth johnson

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could you spell for please k k-e-n-n-e-t-h johnson j-o-h-n-s-o-n all right do you swear

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for him to tell the truth the whole truth nothing but the truth yes proceed all right um ken uh if

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you would take the um the board through this this site plan over here um given you know that we're

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all on a zoom and etc right so we have a existing three-story structure with a full basement um

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And the site shows that the entry is off of Lurchwood.

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It's a corner property.

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There's an existing curb cut for one car garage.

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When you come up the front stairs to go into the building, there's an existing covered porch.

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It's actually the porch is enclosed.

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And you have a bay window on the second floor.

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and if you go around to the back you have a fairly large rear yard and we're going to um there's an

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existing like patio so we're rebuilding that and there is uh the second entry to the building from

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the rear is in the back yeah um and ken what if the the plans don't exactly show it but i may have

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photo that shows it at the entryway to the house is up one level correct so the basement is mostly

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above ground correct yes but i mean it's mostly above ground from the grade that's why you have

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that's why you have the curb cut that can go right the car can get into under the front

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the curb cut that can go the car can get into under the front porch area

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porch area but as you go to the yard the yard is raised and filled with dirt so that the basement

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is is is further underground once you get into the yard okay i'm going to uh take you to the uh

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floor plans next and have you um go through those with the board so oh boy exhibit nine is our oh

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Exhibit 9 is some renderings, just some exterior finishes that the owner plans when it's finished.

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Exhibit 10 are the floor plans.

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And again, these, now Ken, are these as built?

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Yes, this is as the building was existed the last time I visited the site.

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Okay, let's take, oh boy, let's take the board through the plan.

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So how many units is this?

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It is currently configured for three units.

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Okay.

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And take the board through the plan.

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If you come from the first floor plan, which is label number two, you have a front door, which is actually the porch.

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Then you go through the second door, which actually gets you into the actual structure.

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And this is a common hall.

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and a common space on the side and there's stairs that go up to the second floor

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which is number three. When you come up to the second floor there's a common hall

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but you have a door that goes into the first unit which has a bedroom in the front,

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a bedroom in the back, a kitchen on the side, a large living space and its own mechanical

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uh space and there's a bedroom suite and well actually it's two bedroom suites right and um

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and laundry which i don't show but it's the laundry here and a mechanical one then when you

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come back out the door the stairs continues up to the third floor you know the third floor you have

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again a bedroom suite in the front bedroom suite in the back and a big large living dining room

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space in the middle with a kitchen okay now to get to the third unit you have to go around to

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the back of the building um well now we're in the basement plan go to the back of the building

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and the porch that we showed that's on the site plan that's when you go up the steps and you get

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back on the first floor i'm just going to take us back to that for a second well you can see from

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the renderings also but right so this porch so there's an elevated porch and an at grade porch

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correct yes or an at grade entrance and an elevated entrance so you call it it's a bi-level apartment

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yes okay so if you come into the first floor you come in up that porch you come into this door

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in the kitchen there's a bedroom on this floor a bathroom and then there are stairs that go down

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to the basement and once you come down to the basement you have two bedrooms in the bath and

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the mechanical rooms and you still have access um directly to the to the yard from this window from

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this door sorry and are there are there egress windows in the basement yes egress windows in each

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bedroom okay uh all right exhibit 11 oh wow these are photos i'm going to show the board some photos

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This is the current view of the front of 5100 large wood. This is also a current view of the front of 5100 large wood. This is one of the interior units. These units are not finished. They're not occupied. And we'll explain that backstory in a moment, but I want to take the board through here.

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This is the second floor unit with a bay window. This is one of the egress windows in the basement. You can't really see through it because it's boarded, because it's not occupied. That window on the outside is no more than two to two and a half feet off of the ground. It's not subterranean. It is all completely above ground.

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This is a current side view. That's a gate in the fence that's being on back order.

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And you can see the rear axis to the house, the side, and the front. Exhibit 12 are other

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properties in the neighborhood that are also multi-unit. This is a property directly across

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51st Street. That's 5050 Larchwood and you can see that that is a multi-unit.

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