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Hearing video

ZBA Hearing - January 22, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 22, 20257h 43m

we are in terms of the first floor which is one bedroom one bath instead you go up to and that's

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a bi-level and then you go up to the second floor and again this is miss mcdonald's apartment and

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apartment and this would be a three bedroom two bath you walk in it's an open floor plan with a

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this would be a three bedroom two bath you walk in it's an open floor plan

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Amen.

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living room a kitchen and then one bedroom here with one bath and then there's two additional

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bedrooms and one bath shared bath uh in on the third floor and then there's a roof deck

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let me just ensure my screen just make it easier and then re-share it oops did blow my hand

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I'm trying to make it smaller, so.

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All right, there we go.

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Oops.

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All right.

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All right, here's our notice for the hearing,

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which is February, for the community meeting,

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which is February 4th.

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And then we emailed that notice, actually, today,

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It looks like to the coordinating RCO and relevant parties.

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And then that was sent out to 191 addresses like last time.

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These are the addresses.

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This is proof of mailing to those addresses.

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This is our application for appeal that we filed,

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the original application for appeal we filed to ZBA,

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along with the original notice of refusal,

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which we got rid of two of the three based on community input and compromise.

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or note our project information form our deed to the property showing that sage property group

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llc is the owner and then finally our certificate of tax clearance while it shows a balance due

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that's not technically due to march 31st of 2025 um i would ask that um miss mcdonald be sworn in

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how could you please state your name and spell for the stenographer you might want to turn to

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Jamie McDonnell, J-A-M-I-E, McDonald, M-C-D-O-N-A-L-D.

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

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Yes.

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Please proceed, counsel.

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Yeah, Jamie, you heard everything I had to state today about your zoning matter.

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Yes, I did.

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Is it true and correct?

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Yes.

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Did you adopt it as your own testimony?

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Yes.

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Specifically, the point of you purchasing this property was hoping to make this into a duplex.

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Correct.

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So that you can live in one of the units and rent out the other.

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Correct.

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That's the plan.

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Thank you.

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And, Alan, initially you wanted to park two cars in the front?

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Initially, yes.

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I don't think the community was very happy about that, to say the least.

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I think it was more so because there was parking allowed on that side of the street.

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If there was no parking allowed on that side of the street, that would make sense.

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but they you know the fact between that and then just sending it back and taking eyes off the

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streets i think was just very disruptive for the community right but you can see based on you know

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the letters of support we got thereafter i feel like hopefully we'll the community will change

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its mind generally questions from the board could you tell me the height of the building with the

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roof deck yeah the the height of the building oh i got the wrong one still trying to get used to be

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on a small table uh let's see uh the height of the building according to my notes is 37 feet high

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not including obviously the pilot house but from the roof line it's 37 feet

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all right um so there's been a lot of opposition to this project could you walk us through some

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of the commentary and feedback that you've received yeah uh so i had the letter in front of

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me so as i indicated uh it was threefold it was actually twofold uh it was the parking and the

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setback and so we eliminated both of those and so the to be clear the rco has not seen anything

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that you showed us here today that is correct again based on their community comments you know

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we knew that it was best to kind of take a step back um in that regard and like i said you know

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just by just door-to-door outreach to next door neighbors they're the one you know the ones that

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most directly impacted by this situation they're in support of that so we'll see what fish town

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neighbors association uh says with after community comment and then is your plan to leave the unit

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in the llc or to purchase it from the llc as an individual um my plan would be to leave it in the

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llc and then just like approximately what are you thinking about for the rent for that first

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floor apartment so i actually have that in my notes too i have it 1400 1400 for the one bedroom

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one bath that correct yeah and at 1400 like with that rent you'd be able to sort of maintain the

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home as is like as you've proposed that's the goal yes all the questions from the board

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questions from our attorney ryan mcshere no chair questions from the audience

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questions from our attorney ryan mcshere

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story.

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questions from the virtual audience yes chair i have a hand up by the name of robert ever

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they have been promoted to painless mr everett

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mr everett

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I had a hard time getting him on when he tried to get on this morning, too.

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Mr. Everett.

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Here.

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He has been promoted to penalist.

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Robert Everett, please unmute yourself and turn your camera on.

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Okay.

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Can you hear me?

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Hi, Mr. Everett.

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How are you, sir?

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Good.

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Camera should be coming on momentarily.

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Could you state your name and spell for the stenographer?

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Certainly.

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First name is Robert, last name Everett, E-V-E-R-E-T-T.

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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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Please proceed, Mr. Everett.

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Okay, I'm just confirming what Alan said.

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We are scheduling them for an RCO meeting on February the 4th, starting at 630.

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They should be up about 650 in our agenda.

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

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We appreciate it, Mr. Everett.

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Is there anyone else in the virtual audience?

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Yes, Chair.

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I have one more hand up.

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Jason Selinski has been promoted to penalist.

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

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Hello?

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Does he still have his hand up?

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okay hi how are you sir they have been promoted subpoena list

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jason could you state your name and spell for the stenographer

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jason solinsky j-a-s-o-n-s-o-l-i-n-s-k-y right do you swear or affirm to tell the truth the

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whole truth and nothing but the truth i do mr solinsky are you a neighbor i am please proceed

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uh so i just have a question uh why is this being presented before being brought back in front of

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fna what's that again i said why is this being presented before being brought back in front of

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the fna with the revised where people stand now people were one line trying to get in we see where

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people stand now when it goes back we will bring it back to the public again okay so it doesn't

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come back in front of you again yeah okay um the other thing i wanted to state is there are only

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two multifamilies on our block currently. I've lived here for 16 years. Those two multifamilies

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have existed longer than I have lived on this block. None have been built on our block in the

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entire time that I've lived here. Thank you, sir. Is there anyone else in the virtual audience?

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No, Chair. I take no more hands at this time. Planning, are you going to take a position now

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or are you going to wait until that comes back? Chair, if it's okay with you, we'd like to take

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position sure all right thank you sir uh chairman and board members uh david effecto with the city

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planning commission the comprehensive plan recommends no change to the rsa5 residential

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single-family zoning at this location the zoning has been rsa5 since at least the early 1970s

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the appellant wishes to build two dwelling units on approximately 1900 square foot lot

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that's not unusual lot size for this block face this is a primarily single-family block face except

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for two row homes one a duplex and one a triplex the city planning commission recommends the board

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deny the proposed use variance for two dwelling units thank you so uh may i just respond sure

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and also to the witness again i have in front of me it's in the materials 1300 marlboro streets

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was approved as a duplex under calendar number zp-2024-007568 october 22nd 2024 so yes there

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are two existing ones but there's a third one that was previously approved and recently approved as

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a duplex just wanted to get that out there thank you very much so we're going to bring this back

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on 3 18 25 at 9 30 a.m um it'll be closed other than the information we receive from the community

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we will go back to the public again and then uh we'll we'll make a decision okay thank you thank

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you thank you mr knockamson we have one more right

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number 12 mi 2024 006 810 6205 germantown avenue mr knockamson is

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it's a visitor accommodation there's a letter of support from west central germantown neighbors

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It's a visitor accommodation. There's a letter of support from West Central Germantown neighbors. Vote was seven to three.

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Yes, again, still Alan Nockamson. To my left is Darren Hardiman, the owner of 6206 Germantown F LLC, which is the owner of the property.

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All right. Mr. Nockamson, our vice chair, has a few questions.

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Good afternoon, counsel. Do you agree to read the reading of the refusal or stipulate to its accuracy?

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I do. Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this heritage?

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I have. Thank you, counsel. Please proceed and you can share your screen.

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I'm just having technical difficulties. I'm going to pull it up again on my computer.

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All right, so we're here to present 6206 Germantown Avenue.

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As you can see in the front page of our presentation material, this property, at least the beginnings of it, have been built where the property.

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Can you speak a little bit more into the mic?

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Yes. Can you hear me better?

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Much better, much better.

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I'm just raising it a little bit.

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So it was a little low.

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So if you look at the presentation cover page, we're that white structure there.

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so we're still in the process of getting this property completely built.

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The only variance we're actually seeking is for the visitor accommodation.

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This is a CMX2 property, which allows for the sit-down restaurant,

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but we're just doing this as part of this variance process.

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During our presentation, you'll see the notice of refusal,

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the correspondence from the West Central Germantown Neighbors Association.

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my understanding well not only are they in non-opposition my understanding is the council

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member the district council member is also in non-opposition i talked to charles richardson

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earlier today i'm assuming he's he's online i haven't seen correspondence um we'll have an aerial

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view of the property so we're right next to self-storage facility and it's a little interesting

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there in germantown there's a self-storage facility to the right of us which again um

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kind of leads to why visitor accommodations is more appropriate than like long-term accommodations.

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People don't want to be near a self-storage facility.

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And my understanding is that the property owner across the street is actually seeking a senior medical facility across the street.

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All this leads to no one's going to want to rent there for long-term accommodations in the near future.

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Then after the aerial view, we'll review maps of the area, photographs of the property in

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the surrounding area, our plans and drawings.

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These are the as-built drawings stamped by L&I.

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So again, these are not illustrative.

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This is what L&I approved, what we're building and trying to complete.

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Then we have our RCO meeting notice along with proof of sending out that notice to the

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affected properties, our application for appeal, our deed to the property, and our certificate of

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tax clearance. Again, to the left of me is Darren Hardiman, who's a well-known quantity in the

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Germantown area. He has a lot of real estate holdings there, does a lot of good things,

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including, my understanding is he's proposing to have a mural placed on the right wall of the

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property as an introduction to Germantown itself on Germantown Avenue. So our notice of refusal,

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again we're a cmx uh two property and we're looking to put a sit down restaurant on the first

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floor with three visitor accommodation units above and again the only refusal has to do with

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the visitor accommodations this the sit down restaurant is allowed as a right and then we

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met with the community um and based on our community presentation the west central germantown

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neighbors gave us a letter i don't know if it's supportive or just non-opposition but the vote was

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seven in support three not in support and one non-opposition so eight in positively and three

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not so positively um and based on that my understanding again is that district council

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member is in non-opposition to this project and then this is the aerial view you'll see again

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this is the aerial view you'll see again this is the self-storage facility i'm talking about

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this is the self-storage facility i'm talking

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they have a significant like setback as well from side yards um but and and by the way we also have

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an easement that we benefit from down that side i guess the right side of our property um as well

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but again not and there's a right aids which has been closed for some time where someone's looking

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to put a senior medical facility so again not the best situation for long-term accommodations we

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thought that short-term accommodations would be a better use of this property and and what mr

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hardiman is looking to do is more of like a boutique hotel in a way where you know i guess

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some examples would be wm mulherens uh wim yaoi anna and bell and the dwight d hotels where you

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have these visitor accommodations and you have these more boutique type of like bar restaurants

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So that's what he's thinking about in terms of this project.

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So maps of the area, again, we're CMX2.

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We're on Germantown Avenue.

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Again, near self-storage facility, and then there may be a senior medical facility across the street.

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Photographs of the property.

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Again, very nice-looking facade with lots of light in there with the windows.

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