civus
Hearing video

ZBA Hearing - November 9, 2022

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

Ishmael Shaheed, my vote is yes for Proviso.

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Congratulations.

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That's a great project, by the way.

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Thank you very much.

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I appreciate all of your time.

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Enjoy the rest of your evening.

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Number six, MI2022-003-398-2900 to 14 Common Avenue,

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John Griffin is the attorney.

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a recommendation of non-opposition

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with provisos from the Mayfair Civic Association.

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Mr. Griffin is coming back in as a

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panelist.

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Mr. Bergman, can you hear me? I can.

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

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Sure. My name is John Griffin, G-R-I-F-F-I-N, and I am counsel to Dr. Daniel Lynn, who would be a tenant at 2900-2914 Cotman Avenue.

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thank you do you swear firm to tell the truth the whole truth and nothing but the truth

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i do sir before we start was the property posted it sure was uh that was that in your

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presentation uh i believe that uh is all part of what was submitted uh last week

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i'm relatively certain that it was hillary yeah yeah mr mr griffin um when i reviewed the packet

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Hillary? Yeah, Mr. Griffin, when I reviewed the packet, I did not see the posting photos,

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so if you're able to show them now and also just resubmit those, that would be appreciated.

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Thank you. All right, so our Vice Chair has a few questions for you, sir. Sure.

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Hi, good evening. Do you agree to wave the 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 under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Ms. Tenere, yes to all of that. Thank you.

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Okay, great. You may proceed and begin by sharing your screen.

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I am having some difficulty with that.

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Okay, somebody can help you here.

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I was going to say, is there, can someone see what I have up on the screen?

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No, it's not there yet.

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Do you see the bottom button that says share screen, the green button?

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It's blue for me.

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Does it say share screen?

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It does.

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uh and i can then i have send links and copy

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so if you have your documents open um after you hit that share screen button it

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it will ask you to click on your document and then you will hit that share um button

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um yeah i i i did a dry run this morning i'm not so sure why i'm having some issues here but it's

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the it's the very same packet that was sent uh to everyone uh let me just hit that share content

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so mr griffin what i want you to do is oh we're good you're up you're up

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am i am i good now i thought so

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okay it says sharing screen getting closer

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sir. I also have to apologize in advance. I'm halfway through a flu and lost the voice last

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night. Okay. Well, Keisha, do you have any idea where we are with this now?

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No. Are you on your, like, iPhone? I'm on my iPad.

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Yeah we've never seen this. Okay and do you have your documents on your screen?

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I have them in a Dropbox folder and they are sort of right there that I'm seeing.

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Yep so we can basically see everything you're doing. We're starting to see it now. Yep. Okay.

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we see that can i uh proceed sir go ahead all right this is um request for variance again the

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property is 2900-2914 cotman avenue uh this was um most recently a 7-11 the uh tenant and the

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The owner-operator will be Dr. Daniel Lin.

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This is going to be an urgent care facility.

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On September the 19th, we met with the RCO.

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We received unanimous approval with provisos.

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Their request was fourfold, which we had immediately agreed upon.

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But in essence, one of them was they had asked for dumpster bins or waste management bins.

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um i will get through my screen but uh you will see a contract that we already have

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with a waste management company for that uh the second would be the planning of additional

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landscaping shrubbery to the exterior of the property uh we will be accomplishing that just a

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quick note we anticipate completion and opening if this

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Quick note, we anticipate completion and opening if this board grants approval probably mid to late spring.

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So prior to that will be the landscaping that had been requested.

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Three, that there was a request that the parking spaces that are there now be dedicated to customers and not so much employees.

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We have dedicated ourselves to that.

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There will be no employees parking right then and there.

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And then four would be the non-installation, for lack of a better way of putting it,

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of any outdoor signage that might be just sort of hanging.

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So, Mr. Griffin, our attorney has what they're requesting.

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We'll pick what we can make that works as a proviso.

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What I want you to do now, show us some pictures of the property.

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Sure.

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I am moving forward.

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There is a cover letter that is in-depth that I had sent to the board.

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Okay.

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Um, we will now get down to the RCO letter, which I think the board has already received.

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I provided a courtesy copy.

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Our meeting on the 19th.

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Okay.

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Uh, that occurred, uh, there is the refusal, uh, exhibit one, uh, exhibit two being the

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RCO notice, uh, that we had, uh, exhibit three is the site plan.

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and the floor plan. As you can see there, it is a property, it used to be, as I said, a 7-Eleven.

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So what we are looking to do is obviously redesign the inside of the property to turn it into

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an urgent care facility. We're not looking to really do anything else.

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uh we're not looking to accomplish sort of anything else we're not adding to a building

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we're uh we're simply just moving on uh from there um are you still able to see me no you

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you went out but we said we did see we did okay so here i am back right there you are just show

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you got a better picture of the property that's all i need i sure i sure do um just keep scrolling

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to get to the picture that's a copy of the lease uh now we get into the exterior photos

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you you will see that that's a former uh 7-eleven that's the outside okay of the property uh that

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also is another aspect of the property. Adjoining it is a senior center of note.

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Those seniors that attend that facility- Sorry, do we get to your property yet?

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Excuse me.

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Yeah, you're looking at it sideways, Carol.

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Yeah.

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Okay.

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Yeah.

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Oh, okay.

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Yeah. This is, in fact, the property. Those seniors are transported

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it via a transport device, which we show you right there. So there are not seniors that will

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be taking up available parking spaces. Okay. That's essentially it. You're converting the

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old 7-Eleven to an urgent care center, right? Urgent care center. Yeah. And by way of some

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background just briefly uh this property is located in a cmx2 zone yeah we have that we have

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we have all that we're fine we're fine and just do this just on the street is another one okay do

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you have a representative from we do doctor my client dr daniel lynn should be present okay good

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Good. Let's get Mr. Lynn in to adopt your testimony, okay?

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Yes, sir.

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Dr. Lynn?

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Chair, the only one that has their hand up is someone named, I want to say D-L-I-N-M.

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That's him.

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That should be him.

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That should be him.

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Perfect.

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Sir, please unmute yourself.

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

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

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Sir, could you state

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so mr griffin yeah you're an officer of the court uh this is daniel ring right okay spell

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could you state your name and spell for the court reporter please yes my last name is ring first

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name is Daniel, D-A-N-I-E-L. Last name is Lin, L-I-N. Right. Thank you. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? Yes. Okay. Proceed, counsel.

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Mr. Lin, good afternoon. Thank you for attending. Were you able to hear my presentation that we

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made to the board? I do. And when you were listening to that presentation,

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was it accurate and complete to the best of your knowledge? Yes. Would you adopt my presentation

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and my testimony as if it was your own as accurate and truthful? Yes. I have no further

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questions thank you questions from the board no no mr chairman all right questions or comments

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from the virtual audience i see no handshare planning commission this is ron bednar city

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planning the property is indicated for commercial on the city plan given the circumstances of the

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site we recommend the quest for various be granted thank you hillary what what do we want to do what

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what did you decide for uh proviso um i think the only um proviso that we can really do is

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commercial trash pickup okay thank you so so mi 2022 003 398 2900 to 14 cottman avenue

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i vote yes with proviso commercial trash pickup harold sanary my vote is yes with proviso

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thomas holloman my vote is yes with proviso james snell my vote is yes with proviso

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ishmael shaheed my vote is yes with proviso thank you counsel mr bergman my pleasure thank you so

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much. May I be excused? Right. Absolutely. Thank you, sir. So, number seven, MI 2022-004-466-1401

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South 13th Street. Patrick Duffy and Camille Bussiglou are the owners. Leo Movahill represents

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them letter of no position from passion square letter of non-opposition from mark squilla

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mr movahill i'm in okay mr movahill you've been sworn uh i see your owner is patrick

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duffy and camille basaglou is that right correct okay so our um vice chair um has a few questions

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hi leo do you agree to waive the reading of the refusal and stipulate to its accuracy

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i do have you emailed the exhibit packet with proof of ownership tax compliance a copy of the

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refusal or referral photos under plans of 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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Yes.

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You may proceed, and please share your screen, which is already up.

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Great. So good evening, everyone. My name is Leo Mulvihill. Today I have the pleasure to

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represent Patrick Duffy again. He was here several years ago. He owns a property around

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the corner from here where Reanimator Coffee is located, right off of Broad Street, and he

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actually lives right across the street from that property, so he's right around the corner from

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here as well this is a application to essentially fix up what has been a long-standing commercial

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property with uh apartments above located on the southwest corner of 13th and reed streets

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so if you're thinking about the park that's right there we're just south of the park

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it's the old vet's office if you guys know what i'm talking about if you've been in that area before

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so we have the refusal appeal and project information form at page one area zoning

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maps at 7. Deed at 9. Tax clearance at 14. Zoning notification letter at 15. I didn't have the RCO

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letter, so it's not included, but I think it's been sent in the meantime. Photos of the property

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at 42. Plans at 70. So I'll get to the refusal. First, so members of the board, here we are at

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page 3 of my presentation. This is the refusal. The property in question is an existing structure

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that's zoned RSA5 located right on the corner. There was a proposal to more or less have the

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commercial use be commercial again. My clients actually already found a tenant and we'll testify

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to that in a second. And in addition to that, have the two apartments above because this ought to be

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And in addition to that, have the two apartments above, because this ought to be a commercial mixed-use two property.

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And my suggestion is this is just simply missed during rezoning, because every other corner property on this block,

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specifically this intersection, is commercial.

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And my understanding is most of the other immediate intersections are also commercial.

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So I think this one might have just been skipped over by accident.

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So we're not allowed to have commercial. We're not allowed to have two family.

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Project information form. Here's our area zoning map. This is our property.

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We're across the street from CMX2. This is CMX2. This is the park with the dog park located over

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here. And otherwise, it's mostly RSA5. Just to give you a set from the overhead view from Google,

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just south of Columbus Park. Mighty Bread Company is right here. Theater exiles across the street.

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We're right behind the Acme. Green Eggs Cafe is down the street.

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there are multiple corner businesses as you can see all throughout the

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neighborhood. The reanimator coffee I was discussing is actually located right

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here. That's my client's deed. Oh, pardon me.

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Commercial activity license, pardon me, tax clearance certificate rather at page

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14. The letter that went out on page 15 from our architect and the proof of

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mailing. We have many pages of that. This is the building. If it didn't ring a bell before,

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if you've ever been in the area, it probably does now because this was definitely in my memory.

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So this is the structure. Our zoning sign is posted here. There are some minor permits for

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alterations that were getting cleared on the inside, but those permits are also posted on the

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door. This is the store frontage that we're talking about. Members of the board, you can see

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this property is not intended to be a RSA property. It has never been a residential single family

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property. That's the zoning sign as well as the new permit. This is taken from across the street

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just south of the park. That's directly across 13th street on the corner.

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That's directly across the street on the other corner from us, Caddy Corner.

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This is a photograph of the rear of the property. So originally this building had

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a garage at some point and my client sought to more or less rebuild it because it was in terrible

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condition falling down. That's kind of where we are with this right now. During the deconstruction of

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this garage, the builder of the adjacent home, I guess because there was an adjacent party wall

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here, just stopped insulating the house. So the adjacent neighbor doesn't have any insulation

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that's what this shows um my client's been trying to speak with this neighbor about a

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fair resolution in this matter but that's outside the scope of zoning i expect the neighbor is going

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to be here irrespective so i wanted to ensure the zoning board was aware that that might be

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some testimony coming later that's the block as you can see this property's been here quite some

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time these are all newer construction homes and then newer construction home then older homes

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of the south of the park. That's the park itself. Again, more photos of the property, this time just

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showing the side of the property itself. You can see the windows have been removed because of the

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interior minor alterations that are occurring in advance of getting the permits that are required

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for us to complete the renovations. This is the garage again. This is what it looks like from the

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