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Hearing video

ZBA Hearing - July 26, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 26, 20235h 26m

Both properties. Yeah, I've read both properties. Absolutely.

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Thank you.

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Tom?

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Ish?

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Ishmael Shaheed, my vote is yes with proviso on both.

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Emily.

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Emily Bresico, my vote is yes to both with proviso.

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Thomas Holloman, my vote is yes to both with proviso.

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Thank you, Thomas.

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Thank you, Mr. Clinton.

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Thank you, Mr. Chairman and members of the board.

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Okay.

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Number 10.

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No, wait, wait, wait, no, no, no, hold on.

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Number three, MI 2022-004-784-536 Brinton Street.

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Sharon Harvey is the attorney for the owner.

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Letter of support from Chew and Belleville Neighbors Association.

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An applicant also provided a petition in support by 10 neighbors, nine from the 500 block of Brighton.

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Coming back in as a panelist.

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Good morning, counsel.

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Good morning.

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

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Sharon Harvey, S-H-A-R-O-N Harvey, H-A-R-V-E-Y.

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Do you swear or affirm the total truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client in relationship to this property?

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The owner, Lisa Terry, and the property is at 536 Britton Street, calendar number MI2022-004784.

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Right. So I understand, talking to our attorney, we're going to hear the case and then hold it for discussion.

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Yes. I did submit the exhibits, but they were late.

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No, no, no. No, I mean, OK. So our vice chair has just a few questions for us.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes. Yes.

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I've emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing.

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Not five days in advance, but I did email the exhibits to the board.

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And there is no tax clearance. We applied for one, but there is no tax.

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and that there is no tax clearance. We applied for one, but there is no tax clearance because

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there are no other businesses. And the only taxes that would be due would be the real estate taxes,

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which are paid through her mortgage. Fair enough. So as the chair said, we'll hear the case and

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hold it and make sure we have all the proper information that is needed before we vote.

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Please proceed and share your screen.

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Yes, good morning again we're here for 536 Britain Street and sometimes it's called East

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Britain Street.

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Can everyone see the screen we can we're good.

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And we have the table of contents, the posting, the deed infusal, and the property history.

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Copy of the posting and the deed showing that Ms. Terry purchased this property in 2022 from Brock, Weldon Brock.

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as we have already uh weighed the right of the reading of the refusal the property is a zone

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uh a single family use and the multi-family uh which we are requesting is a prohibited in this

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RS3A zone. Initially, the property in 1962 was zoned as a three-apartment building and became

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a multifamily building, which continued through the purchase of the prior owner, Mr. Weldon Brock,

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who had an active rental license until 2012, December 2012, at which time he allowed it to lapse.

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But he continued to have tenants in the property.

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miss terry is proposing to uh have the property rezoned uh or variance for a three apartment

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building uh and miss terry plans to live on the first floor of the building and then rent out the

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other two spaces. You can see it was also posted on the porch. This is a side view of the property

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and her property, if you can see, runs right through to the grass line. So all this property

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is her side yard. And here's the back view of the property. Ms. Terry is not proposing to make any

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changes to the height or the width of the building. This is the rear of the property.

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There is a single, or actually a two-car garage that can be used for this property, and Ms. Terry plans to get parking permits for this back area.

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and the back cellar, the back of the property has a cellar, which will have a deck on the

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cellar over the, or on, on the rear of the property. So that would be a change.

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These are the floor plans that propose the three apartments. And I have a picture where each

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apartment would be for the first floor apartment. This is the first floor apartment. So

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a one-bedroom, and it's 818 square feet, which the first floor apartment is where Ms. Perry

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will be living. The second floor apartment is a two-bedroom apartment, which has 827 square feet,

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27 square feet a two uh the two bedroom apartment and then a third floor apartment is 792

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And then the third floor apartment is 792 square feet, and that is a one-bedroom apartment.

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These are interior pictures for the building.

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This is the first floor bedroom, and you can see that it's in need of repair.

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And work has not actually been begun.

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And some demolition has been done in the property to clear it out, but no work has been done.

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This is the second floor front bedroom and the third floor bed, the third floor and the kitchen area.

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Keep on listening.

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And this is a side view of the property, which is here, and it's facing Chew Avenue.

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And to the rear of her property is an apartment complex on Duval Street.

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Okay.

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So this particular aerial view shows the red dot is Ms. Terry's property, and all these blue dots are already three-story, three-bedroom multifamily units on that same block.

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And this is just a list of the multifamily units.

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Again, this is another picture of the rear, and by allowing the variance, her tenants, at least two of her tenants could park in the rear of the property.

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and this is a view of the the back of the property and right now this is the this is

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actually the area of her her property right there and she's going to have parking for permit parking

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for her tenants in that area um the miss terry uh plans to have cameras uh which is uh and security

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around the building and um the i think that is it for us um miss terry went out and got several

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of her neighbors to sign the a petition um in support of her her application the rco we did

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meet with the RCO after posting and sending out the letters twice, once, and we received, it was

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not very well attended. However, we did get support of all those who were attending with a

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request for emergency ladders for the second and third floor, which Ms. Terry agreed to.

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Uh, there's a copy of the letters and copy of our, our mailings with their 15 pages of the mailings. I did not put all 15 pages in and, and that is it.

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And Ms. Terry.

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You're applying to come on and adopt your testimony.

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Yes, I do. Ms. Terry.

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good morning could you state your name please oh good morning could you state your name and

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spell please for the court stenographer good morning my name is lisa terry l-i-s-a terry

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t-e-r-r-y right do you swear or affirm to tell the truth the whole truth nothing but the truth

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I do. Proceed, counsel. Thank you. Ms. Terry, have you heard the presentation? I did. And would you adopt the presentation as being truthful? I do. And your own testimony? Yes. Thank you. Okay. Questions from the board? No, Chair. No, Mr. Chairman.

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questions or comments from the virtual audience mr chair i have a tiffany thornton with the hand

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raised i have allowed them to speak this time hi could you state your name could you state

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pardon me counsel mr chair uh tiffany thornton is an attorney in my office uh and she

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pardon me council mr chair uh tiffany thornton is an attorney in my office uh and she was

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helping run the the okay good good good thank you thank you thank you thank you thank you

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is there anyone else in the virtual audience um yes charles richardson i've allowed them to speak

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good morning mr richardson good morning again mr chair charles richardson office of councilwoman

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ascended bathroom 508 city hall councilwoman has no opposition to granting the variance

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thank you very much for calling in is there anyone else in the virtual audience

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i do not see any further hands so hillary do we want planning to weigh in or do we want to

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go to l and i first um i think that's up to planning um just to be clear that the issue

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in this matter is that parking uh three parking spaces will be required and it sounds like there

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are one to two on the site and so that needs to to be documented and i need to speak with l and i

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about how they would like to do that um but let me see let me see where david david yeah david do

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you want to take a position or do you want to wait to see what l and i says sure why don't we wait

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until l and i that's fine that's okay okay terrific all right good so we're going to hold

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we'll have a resumptive hearing am i right hillary yes we'll schedule um a resumption

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um do we have something in well actually if we do an amended refusal it might take a little while

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we're just we're just going to have to post the resumption because i don't know exactly when we're

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going to have a result of hearing in this we're going to hold this for discussion with ellen i

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regarding the existing and required parking and amended refusal may be needed okay council

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yes okay all right thank you both very much

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oh wait excuse me just go back to the parking really quick and let them know that

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you're going to have permanent parking right yeah so i'm sorry as i stated we are going to have

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permit parking on the property uh so in the rear in the rear in the rear yeah but i i think we

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still have to go back to l and i am i right hillary yes because so there's if there's already

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parking on the site it needs to be documented in the refusal and you're also required to have

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three parking spaces so if you don't have three you may need a variance for not having the required

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three spaces as well so i just have to clarify that with l and i all right all right thank you

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Thank you very much.

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Number 10, MI2022, 004789, 1821 North Natrona Street.

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Lynn Nichols is the attorney.

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There was a meeting held with Strawberry Mansion.

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we don't have an RCO letter

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that I have observed yet

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there was a petition in support

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signed by 14 neighbors

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6 from the 1800 block of North Natrona

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good morning counsel

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could you state your name

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and spell for the court sonographer

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yes my name is Lynn Nichols

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L-Y-N-N

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last name N-I-C-H-O-L-S

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right

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

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Yes.

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QA, could you please identify your client in relationship to this property?

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Yes, his name is Bryant Watson, and he's the owner.

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And our vice chair has just a few questions for you.

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Good morning, counsel.

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Do you agree to waive the reading of the refuser and stipulate to his accuracy?

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Yes.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes.

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Thank you. Please proceed and share your screen.

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Before I proceed, Chair, can I ask if there's anyone on the call besides Bryant Watson who intends to testify in this matter?

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Sure.

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we don't see any other hands do we i don't know there was a beverly wilson stone who

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identified herself earlier i don't know if there's anyone if she's still on the call or

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is there anyone else i mean she's still on the call and there's at least five other hands

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accompanying her okay i guess we'll get to that when we get to it um thank you can i share my

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screen? You can. Thank you. Can you see that? We can. All right. So this is a petition or request.

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We can. All right. So this is a petition or a request for a variance for a multifamily, two-family household in an existing structure.

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Our application for appeal notes that the requirements of the zoning code cause an unnecessary hardship due to the size, shape, contours, and physical dimensions of the property.

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The variance we seek represents the least modification of the code to provide relief.

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No action on our part will increase congestion in the public streets or in any way endanger the public.

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It will not substantially or permanently harm neighbors' use of their properties or impair light and air.

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It will not increase traffic congestion in the public streets or place undue burden on the water, sewer, or other public facilities.

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It will not create environmental damage, pollution, erosion, or increase the danger of flooding.

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And here you will see we also have project information form.

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The deed, this property was purchased from the estate of Keith McCall by Mr. Watson.

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The deed was recorded on January 3rd, 2022.

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here we have the certificate of tax clearance

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we notified um near neighbors there were letters sent out to 97 near neighbors

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and we had our community meeting on june 22nd it was very spirited

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um here's the zoning notice that's posted on the door

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this is a letter that was sent to the community

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the refusal which we've already

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agreed to so we submitted with our package comps of what we consider properties that are similar

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to what Mr. Watson has now these addresses we researched show that

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these properties were built in 1915. And they're all three-story properties.

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So the size of the property is consistent with other properties on the block.

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During the call with the RCO, the neighbors who came on insisted that the family of the houses on the block were single family.

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Now, that's not the complete story, which as these comps we've researched show, there's been multifamily units on this block.

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Many of them have been three family dwellings, or three family dwellings, and some of them are

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two family dwellings. Mr. Watson is asking for two families in his property.

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Now, what we also determined was that because this property

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is on the block where it's located. Mr. Watson has a model. What he likes to do is to provide

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affordable housing to residents who want to live in this area. Here is a picture of the front of

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the property. This is a view looking to the left. A view looking to the right. This is a view

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looking across the street. And these are the plans. I'm going to pull them up in a different

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of screen so you can see them. All right. This is a 2,200 and I believe 52 square feet property.

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So it's pretty big. What Mr. Watson proposes to do is to have one unit on the first floor

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where there's a bedroom, living room, kitchen, bathroom. And then the second and third floors

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would be a bi-level unit, which would contain a bedroom on the second floor with the kitchen and

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living room, a bathroom, and then on the third floor would be a master bedroom, bedroom with a

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closet. And we provided these plans during our call with the RCO. In addition, as the chair noted,

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We did get signatures from near neighbors. I believe it was two, three, four, five, six.

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I believe it was two, three, four, five, six near neighbors on the block.

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If you look at the signatures, one of the near neighbors or two of them live at 1835 North Natrona Street, which is a multifamily property unit on that block already.

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And the owner of that property has a rental license for three units, but it appears that only two people are living there.

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or if there are three maybe there's not someone in the third unit. In any event what we also

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discovered is that there's been a property for sale on the block 1827 North Natrona Street for

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almost five months. I say that because economically Mr. Watson as I stated before wants to provide

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affordable housing for residents to live in this block. And it would be economically unfeasible for

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