civus
Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

Thank you.

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Okay, Chair, we have 36 attendees and we can start when you'd like.

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Thank you.

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Good morning.

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My name is Bill Bergman and I will be chairing this morning's EBA hearings.

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With me is Carol Tenere, our Vice Chair.

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President Mr. Chair. Ismael Shaheed our board secretary.

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President Mr. Chairman. Thomas Holliman our board member.

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President Mr. Chairman. And James Snell our board member.

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President Mr. Chairman. Thank you. Also with us our board attorney Hillary Emerson

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and our ZBA hearing supervisor Lakeisha Dandy. Before we begin here's our virtual format.

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Be advised, the proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting TanyaSunkett at phillit.gov.

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For the benefit of a court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question and answer box that's on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sumter.

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Let's look at our continuations for today.

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Number two, MI 2022-003-329-435 West Burke Street.

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That case is continued.

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Number three, MI-2022-003-293-2409 North 17th Street, that case is continued.

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Number eight, MI-2022-003-335-5216 Whore Rock Street. That case is continued.

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you. Number 11, MI 2021-003-715-414 East Roosevelt Boulevard. That case is continued.

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Number 12, MI 2022, 001-010, 6800 North 16th Street. That case is continued.

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And number 14, MI 2022, 003-365, 1216 Lycoming Street. That case is continued.

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you does anyone have any comments relative to the cases that have been continued

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good morning chair this is fatina l and we have someone by the name of shola last name ending in o

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okay

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please unmute yourself you're free to speak okay good morning could you good morning could you

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State your name and spell for the court reporter, please.

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My name is Shola Olunloyo.

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The spelling is first name S-H-O-L-A and the last name O-L-U-N-L-O-Y-O.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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What case do you want to talk about, sir?

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The case of 2701 Oakford Street.

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Okay.

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Shall I proceed?

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Well, one minute. Is that on the morning's list?

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Yes, Mr. Chair, that is number six. Okay. Okay, proceed, sir.

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okay okay proceed sir yes i am the immediate neighbor to 2701 2703 and i did not get

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Yes, I am the immediate neighbor-

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notification of the community meeting however okay so so what what what what's going to happen

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here is when when um we call that case you will have an opportunity to respond okay great that

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case is going to be called yes thank you okay sure is there anyone else who has comments about

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the cases that were continued yes chair we have stefan last name ending in f okay good morning

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um hi could you state your name please and spell for the court reporter sure uh it's stephen v

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fabiani f as in frank a b i a n i do you swear for him to tell the truth the whole truth nothing

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but the truth uh yes i do what case do you want to talk about sir uh i'm actually calling about

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1401 South 13th Street, which I understood was to be at 3.30 this afternoon, but I just received

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notice that it may be at 9.30 this morning. Hillary, do we have that? I'm looking, Mr. Chair.

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Give me one second. 1403? 1401 South 13th. That one is on the 3.30 list. Okay. Thank you very much.

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You're welcome.

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Are there any additional requests for continuance?

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Chair, we have Jennifer Bazzillo.

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Okay.

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Hi, this is Jennifer.

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

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Sure.

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Jennifer Bazzillo, B as in boy, A as in apple, Z as in zebra, Y, D as in David, L as in Larry, O as in Oscar.

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All right. Do you swear for him to tell the truth? The whole truth is nothing but the truth?

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I do.

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In what case?

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6142 Callow Hill Street, MI2022-003390.

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Okay. One minute, please.

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It's number seven.

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Okay. Proceed, counsel.

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I was just hired this morning, and there's some issues that we need to resolve.

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So just asking for a continuance.

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Absolutely.

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Okay, so number seven, MI 2022-003-390-6142, Cal Hill Street.

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That case is continued.

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Thank you so much.

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Sure.

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Any other requests for continuances?

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I see no handshake.

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Also, I have a few cases here that have no exhibits.

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Number four, MI-2022-003-397-3034 Titan Street.

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I have no exhibits.

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Joseph Bernardino is the attorney.

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Chair, we have Maude Martin.

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Ma'am, please unmute yourself.

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Hi, could you state your name and spell for the court reporter?

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Maude Martin.

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M-A-U-D-E-M-A-R-T-I-N.

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

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Yes, I do.

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Are you the owner of this property, 3034 Titan Street?

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No.

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Okay, what's your interest in this case, ma'am?

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Oh, I'm sorry.

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That's okay.

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That's not the one that I'm here for.

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Okay, good.

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Thank you very much.

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Thank you very much.

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is there anyone here for 3034 titan street there's no handshare okay thank you so number four

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mi2022-003-397-3034 titan street that case is continued and number 13

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hold on a minute number 13

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Number 13, MI 2022-003-336-1140 South 54th Street.

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We have no exhibits.

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This is the first listing.

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Ronald Tolbert and Nick's Realty are the listed owners.

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I see no hands, Chair.

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Okay, thank you.

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So MI-2022-003-336-1140 South 54th Street, that case is continued.

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We're going to go to our list.

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Number one, MI-2022-003-393.

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MI-2022-003-393-2612 North 17th Street.

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Attorney at Jermaine Harris, the RCOs are both requesting a continuance for today.

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Is there anyone from the RCOs on the line?

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Mr. Harris, were they one of continuance?

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uh no i wasn't aware that they wanted a continuance i know the coordinating

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mr harris let me swear you first okay state your name and spell for the court reporter

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uh good morning uh jermaine harris counsel for uh the owner mogul tier llc all right just just

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for the record spell your last name please uh sure h-a-r-r-i-s do you swear for him to tell

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the truth the whole truth nothing but the truth i i so do all right thank you is there anyone from

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the swan poodle neighbors association north central philadelphia cdc online chair we have

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a calling user with the phone number and then three five five two okay please unmute yourself

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you're free to speak

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hi could you state your name and spell for the court reporter

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Yes, Adrienne Fernandez, Swamp Poodle Neighborhood Partners Association, RCO.

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And my first name, Adrienne, my last name is spelled F-E-R-N-A-N-D-E-Z.

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All right.

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Do you swear from tell the truth, the whole truth, nothing but the truth?

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Yes.

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You're requesting a continuance?

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Yes.

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Swamp Poodle and also North Central Philadelphia, RCO, requesting a continuance.

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As the meeting, the meeting was not continued. The meeting was not completed, and the applicant is aware of that. There were significant factors that were not completed by the applicant, like trash management plans, occupancy information, and other parts of the plans that the RCOs had questions about.

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Also, there were problems, significant problems with the mailing two times, and even when the meeting was held, there was just one affected neighbor there from two doors away.

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We are familiar with many of the neighbors around here, and none of the other neighbors were there at all, and they are very concerned about the negative impacts on the block and overuse of variances for multifamily properties.

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They just want to come to the meeting and be able to speak to the owner of the applicant party, and they've not really had that opportunity.

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We're not really sure they received notices because they were mailed from Sicklerville after the applicant did not mail them out when he claimed to be ready for the first and second meeting that the RCO coordinator scheduled.

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All right. All right. Thank you. Mr. Harris?

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Yes. So we had a meeting on the 13th and these concerns, we had seven people that were there that were nearby neighbors that were there.

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And the coordinating RCO, there was going to be a vote, but the other two, the other RCO, Swampoodle, they wanted to have a second meeting.

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And they were supposed to schedule it.

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They were supposed to schedule another meeting because it was within a month.

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They were supposed to schedule another meeting within that time.

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That didn't happen.

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And the concerns that they addressed at the RCO, because it was a pretty lengthy RCO, it was about an hour, we presented that plan to the coordinating RCO as well as the CC, and we CC'd Ms. Fernandez addressing their concerns.

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And also, we got significant support from members of the community, which is listed in our exhibit packet.

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There were 30 signatures for this in the support of this project on that same block.

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So we're surprised.

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Mr. Harris, this is what we're going to do.

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Okay.

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Yeah. Hillary, we're going to go on with the case. We'll hold the vote till we hear from the RCOs.

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All right. Sounds good, Mr. Chair. All right. So, so, Mr. Harris,

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list who your client is again, please. Mogul Tier LLC. And he's actually on the.

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Okay. So our vice chair has a few questions for you. Present your case. We'll go to planning.

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We'll go to planning.

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we'll hold the vote until we hear from the rcos okay

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We'll hold the vote until we hear from the RCOs, okay?

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Okay.

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All right.

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Carol?

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Good morning, Mr. Harris.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans to the property five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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I do. Okay, great. You may proceed and start with sharing your screen.

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Thank you. Thank you.

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Okay, can everyone, just want to make sure, can everybody see my screen? Yes. Okay. That's great.

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All right. So this is concerning 2612 North 17th Street. And what we're seeking here is, well, first of all, we have the exhibit here, which is evidencing ownership of the property for the applicant, which is mobile tier.

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They obtained ownership of this property on March 1st of 2022.

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And here is the tax clearance on this property.

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Here is the property.

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It's actually a show.

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It's been vacant for the past four.

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As our understanding, it's been vacant for about four or five years.

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uh it's a three-story uh building it's a pretty large building it's about 2200 square feet

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and here are uh pictures of what it is now

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evidencing that it is a shell it's vacant it's the basement

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it's part of the first floor

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part of the first floor is part of the second

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so what we're seeking what what we're seeking to do here this is the and this is the third floor

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as well as evidence of the posting of this uh of this hearing now what's what they're seeking

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to do is for this property uh to be a a legal triplex a legal three family and here are the

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plants. This is the first floor where we would be looking at two bedrooms.

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This would be the front walk into the kitchen, bathroom right here.

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This would be one bedroom. This would be the second bedroom. And then in the back,

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you have the laundry room second floor is a bedroom you walk upstairs

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bedroom bedroom living room and bedroom so this would be three bedrooms with a kitchen

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then you walk up the stairs to the third floor which is a bedroom

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uh bedroom in the middle bathroom and then you have your common area with the kitchen

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so uh that's pretty much uh the layout of this particular uh what the proposed layout

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of this particular property is. Now, there is significant support for this particular project

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as noted uh as i opened with uh there are signatures from and these are all highlighted

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uh that indicate members within the community who support this uh project and if you note there are

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about 30 signatures they're all highlighted are with the numbers are all from the 2600

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block of North 17th Street. And we have a total of 39, again, of which 30 are of the particular

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are of the particular block that would directly be affected by this particular project

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block that would directly be affected by this.

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in question. When we had the RCO meeting, just so that you know, again, there were seven people

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there. And if a vote would have been taken, then a vote would have been successful based on the

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