civus
Hearing video

ZBA Hearing - August 11, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 11, 20212h 55m

the past. I don't know how to enlarge that. Well, anyway, the rental license is showing

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me on the screen if I ever figure out how to enlarge it that he's had and is that is current

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as of this year. And so from this zoning permit, you can see that he had the right

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for the three families of residential and the first floor. The issue here of the refusal,

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The issue here of the refusal, which I will show you, I did send in the refusal, but I have to.

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which I will show you.

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This is Pauline from IT.

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If you went to Zoom in, you could do what you did, except choose Zoom in instead of Zoom out.

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Oh, is that what I did?

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I Zoomed out?

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Okay.

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It's not Zooming for me.

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I thought I Zoomed.

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zoom in, right? But it's moving. So you'll have to just pan over

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and then choose zoom in again. Zoom in.

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Can you see it now? That's a refusal? Okay. And that's the license that shows you that

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But as of 2022, February, it was an active rental license.

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But of course, we couldn't renew because we had the refusal.

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The reason that this happened to change the use is that my client was planning to sell the property last year.

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He hired an expediter to go to L&I to get a property certificate, as every seller has to get.

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And somehow in that encounter between the expediter and L&I, they're both pointing fingers at each other.

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One is L&I saying the expediter made a mistake. They looked at my permits. They looked at the history.

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Then they said all of that had been discarded because the expediter had asked for a change of use back to commercial on the first floor.

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unfortunately that is not what what the expediter claims that she asked for she claims that all she

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asked for was a property certificate and so um so now here we are before you to get back what my

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client had for 16 years i will show you the photos of the property now um starting with

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I thought that was the front photo, but that's the backyard.

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I have it marked improperly.

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This is the rear of the property.

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Here's the front of the property, and you can see the zoning posters in the window.

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The first floor has the first floor living room, the first floor kitchen.

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We have three bedrooms.

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for some reason it's that's the third bedroom um there's a laundry room there's a one and a half

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baths um in the in the in the floor you can see that it's a very attractive apartment

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here are the floor plans that i will try to zoom in again

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Let's see the next time I have to practice Zooming.

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And these are the floor plans.

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Can you see those, Mr. Chairman?

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Yes.

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Okay.

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And so I think it's a very simple case for us to consider.

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We have full support from the community.

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This has been in existence for years and years.

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and I'd just like to bring in my client

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to affirm my presentation and testimony.

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Client's name?

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Frank Bruno.

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Bruno, if you're out there, please raise your hand.

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Mr. Bruno, you can unmute yourself and wait for the chair.

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Yes.

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Mr. Bruno, will you please spell your name

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and for the record?

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Yes, Francis Bruno, last name B-R-U-N-O.

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Where from to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you.

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Did you hear my, were you available to hear my testimony?

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Yes, I did.

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In full.

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And do you affirm this as your, and adopt this as your testimony?

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Yes.

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Thank you, Mr. Chair.

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that's the that's our presentation thank you request approval thank you questions from the

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board no no anyone else like to testify in this case if so please raise your hand

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i've seen no hands at this time chair thank you planning commission good morning david

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Defecto, City Planning Commission, Mr. Chairman, members of the board, the comprehensive plan

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recommends no change to the existing commercial mixed-use zoning at this location.

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However, the applicant has shown the circumstances exist that would preclude the

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However, the applicant has shown the circumstances exist that would preclude the use of the ground floor as a commercial use.

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We recommend that the board approve the requested variance.

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Thank you. MI 2021-001495. 5046 Germantown Avenue, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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we're going to go back to case number six thank you mr chairman may i be excused yes you may thank

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you thank you i 2021 that's zero zero one five three two twenty three hundred south 20th this

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is only for the purpose of a vote my vote is yes

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thomas holliman my vote is yes

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sorry i was muted james now my vote is yes

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Thank you. We now go to case number 10, 11, and 12. I believe they'll all be heard together. Case number MI 2021-001-531-537 Jackson Street, MI 2021-001-552-541 Jackson Street,

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and MI 2021-001499-539 Jackson Street.

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Jennifer Bislow is the attorney of record.

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There are letters of opposition on all three of these cases

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from Councilman Squilla and the 7th Street Community Civic Association.

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Ms. Bislow, would you please identify yourself and I'll square you in?

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Sure.

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i i just want to also say i didn't hear what you said about the community and and councilman letters

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could you repeat that the letters of opposition from the seventh street community civic association

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and councilman squilla on all three of the cases great um so my name is jennifer bazidlow b as in

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boy a as in apple z as in zebra of y d as in david l as in larry o as an oscar uh 4500 worst street

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suite d202 philadelphia pennsylvania 19124 you swear from to tell the truth the whole truth

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nothing but the truth i do and i also have co-counsel on this who's with me um mark schaefer

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so can you put your name and address on the record as well get sworn in yes mark schaefer

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s-c-h-a-f-f-e-r 1500 walnut street suite 2000 philadelphia 19102 thank you mr schaefer you

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swear to firm to tell the truth the whole truth nothing but the truth i do i do mr snell has

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questions. Thank you. Sure. Counselor, have you emailed an exhibit packet with the required

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documents, proof of ownership, proof of tax compliance, copy of the refusal or referral,

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and plans and photos five days prior to this hearing? Yes, I did. Okay. Have you also met with

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the RCO? Yes. And did you happen to get a letter from the RCO? I have an email from the RCO. An

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email. Okay, great. You may proceed. Thank you. I'm going to share my screen, all right?

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And before you begin, Tanya and or Sharon, do we have that email from the RCO?

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We're going to check. It was submitted with my exhibit packet as well. Okay, I just want to

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double check and you can proceed while Tanya's looking for it. Thank you. Great. Hold on, let

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me just move where this is so that I can move my screen. All right, so like I said, I'm here today

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On behalf of the owners of 537-539-541-Jackson Street, the owners are Mei Li Lai and Ting Chen, who own the property through their LLC, 3401 Sky Properties.

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I have submitted a packet. I'm just going to roll through some preliminary documents with the refusal.

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The only refusal for all properties are for multifamily use in an RSA 5 property.

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um we also have the deed tax compliance for all properties the email from the rco which we'll

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come back to later our community notification letters with proof of mailing um i also directly

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reached out to the apartment building that's adjacent to the properties in case they didn't

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see the letter and current photographs. This is the outside of the property. Inside is in rough

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shape right now. And the plans, which I'll pause here. I've also submitted the zoning archives for

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these properties, OPA records for these properties, zoning maps, the 2016 notices of decisions and

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zoning permits 2016 photographs to 2016 letter of non-opposition from the RCO and a

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to 2016 letter of non-opposition from the RCO and a letter leaving the decision in 2016 up to the

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board from Councilman Squilla. And I've also attached a email that I sent to Councilman

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Squilla's office concerning the very troubling behavior of what happened at this RCO meeting.

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All right, so 537, 539, 541 Jackson are each individual properties. They are each three

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stories. They're about 2,300 square feet a piece, and they are on the 500 block of Jackson Street.

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The only other use on Jackson Street, the only other structure on Jackson Street is a 67-unit

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apartment building, which you can see in this photo here, which is Jackson Place,

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and across the street is Weinberg Park. There are no single-family uses on this block.

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Our plan that we submitted, the application is to use each of these structures as a three-unit dwelling, family dwelling, with one unit on each floor.

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For 537 and 541, they have identical floor plans. The first floor would be one bedroom, one bath.

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and the second and third floor are two bedroom two baths and for 539 the first and third floor

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are one bedroom one bath and the second floor is two bedrooms and one bath this is important for

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later on when I talk about the community meeting but they're planning on the full renovation inside

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and out of these properties and these units would be rented at 700 to 800 a month which makes them

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affordable for families making as little as $25,000 a year and makes them accessible to the existing

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community. This is the floor plans. So I want to go to the zoning archives because this is really

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important. These buildings have been used as multi-unit residential buildings for at least

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60 years. For 537 there was a unit there was a variance granted in 1977 with documentation attached

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that it had been used as a multi-unit building since at least 1966. For 539 there was a variance

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granted for a triplex in 1940 and for 541 there's a variance granted for a triplex in 1952.

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So, as you can see, these properties have been used this way for a long time.

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Let me just go to the next section.

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It's also worth noting that the OPA records for all of these properties indicate that they are apartments and conversions.

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And so they are currently being taxed and classified by the OPA as multifamily properties.

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um so these have been multi-families since you know the 1940s 50s 60s etc and they have been

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in continuous use and have only been used as multi-family properties since then they were

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occupied up to 2014 um the two owners ago uh failed to obtain the rental licenses and also

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failed to maintain the buildings in general between 2009 and 2014 which caused at the time

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the 50 plus year old variances to lapse even though that use was still a continuous use of

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the property. In 2016 the prior owner prior to my client to the current clients current owners

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reapplied for the variances

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and they were granted the variances

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for each of the properties.

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And at the time, the RCO had no objection

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to this use of the property

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and Councilman Squill has sent in a letter

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which said that he would leave the decision

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up to the zoning board.

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Hold on, let me just get to these.

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this is this is what the property looked like in 2016. As you can see it was really run down

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and needed extensive work even then.

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Sorry one second let me just get to the right document here.

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So here's the letter of non-opposition from 7th street in 2016 and here is the letter

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leaving it up to the board in 2016 from Councilman Squilla. So, so what happened? Why are we back

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here again? The previous owner, JCAAL LLC ran into financial trouble and could not complete

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and could not complete the substantial renovation that was needed on this property within the three years and obtain the CO.

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the substantial renovation that was needed on this property within the

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And so the 2016 variance lapsed, even though this property has still never been used for anything other than multifamily housing.

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um since since the uh we now have a client uh sky properties llc who is well capitalized and

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is prepared to invest over three thousand three hundred thousand dollars in renovation in these

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properties over and above the acquisition cost to complete the extensive renovations that are

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needed inside and outside of this prosperity and quite frankly without the granting of these

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variances, this project is financially unviable. Um, since 2014, these properties, um, have sat

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vacant. They have been, despite both, both of my prior, my prior client and my current client's

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best efforts, they have been subject to squatters breaking into the building,

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illegal drug use, dumping, and all sorts of other problems. Um, we are prepared to start this

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renovation and finish it within the next five to eight months, have families living back in

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these properties from the community, engaging with the neighborhood, and keeping a watch over

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the area. If the variances are denied, they will likely sit vacant for a significantly longer

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period of time. Let me go back to one other thing. So like I said, these properties have been used

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since 40s really as multifamily properties. But not only that, it's consistent with the adjacent

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uses in the neighborhood. Like I said before, the only other building on this block is a large 67

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unit apartment building that's directly connected to my client's property. And also all of the

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properties marked in red, which is 23 properties within the adjacent block, are in fact not

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single-family homes and are used for something the last registered use was for something other

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than single-family either multi-family or mixed-use commercial and residential.

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Furthermore if you pull out a little bit further and you go to the next block over it's the 7th

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Street commercial corridor and next block to the north is Snyder Street which Snyder Ave which we

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know has many mixed-use commercial buildings and multi-family housing as well. In between Snyder

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here there's another large apartment complex right here and there are several other apartment

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buildings when you go beyond that narrow one block radius but i didn't feel the need to

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list all of them since we had so many just within one block

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and as you know when we look at case law allows us to look at the surrounding use and see that

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when we have a building that's surrounded by multi-family uses it's appropriate

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to consider it a hardship to use this family as a uses use these properties as single family

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all right i do want to go back to talk about the rco meeting um

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so this is the letter and obviously you said we had a letter of opposition i didn't receive a

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copy of councilman's school's letter so i'm not sure exactly what it said um however i just want

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to note that the community meeting was only attended by the RCO chair, Mr. Bruce Baldwin.

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There was one other person who showed up, but they left. And so this opposition is based solely

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on his opinion, which when you read through his letter seems to be a complete misunderstanding of

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what we have proposed, the history of these properties, the procedural case history of

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this property. And I have to point out also racism. I am not one to usually make this argument.

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However, in the eight, almost eight years that I've been practicing, I have never seen such

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egregious behavior at an RCO meeting. I was barely able to present any information to Mr. Baldwin.

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He continually mentioned the national origin and race of my clients throughout the meeting,

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kept asking if they spoke English, and if they spoke English, why weren't they speaking to him

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