civus
Hearing video

ZBA Hearing - August 12, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 12, 20267h 30m

C-A-R-L-B-O-G-D-I-E.

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

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Nothing but the truth.

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Yes, I do.

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All right.

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Thank you very much.

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Are you in favor of this project or against?

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Yes, I am.

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You're in favor of the project?

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Yes.

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All right. Thank you very much. We appreciate it. You're welcome. Thank you very much for helping us. We appreciate it. You sure you're good? Because I have two more. I think we're fine. I think we're fine. Thank you.

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all right um all right um planning commission

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michael gall with the philadelphia city planning commission the comprehensive plan recommends no

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change to the current rsa 5 residential single family attached zoning at this location the

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The appellant has not demonstrated that there are unique physical conditions or circumstances of the property that would prevent it from being used in strict conformance with the zoning code.

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appellant has not demonstrated that there are unique physical conditions or circumstances of

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the property that would

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This is a single family neighborhood with a specific local height overlay, so the three unit, three story proposal is out of character with its community context.

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Therefore, the City Planning Commission recommends the board deny the requested variances for multifamily household living use, height, and maximum height area.

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Thank you very much for your comments.

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I thank everyone who called, and thank you, the people in the audience here.

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we've heard a lot about this we're going to hold this for two weeks we will vote on that wednesday

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all right at 2 p.m 26 26 to 2 p.m okay thank you for coming we appreciate it all right um

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i got joe console right

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it's 14

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16

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mi 20 26 002 649 8521 mansfield avenue joseph console is the attorney

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hey guys um joe now i understand why you said this morning i'll see you tonight

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yeah yeah i uh i sat through an entire depressing philly's loss on the radio while i was waiting to

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be heard so i'm not i'm not in the best of moods right now okay but you just state your name for

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the record you won't have been sworn yeah uh joseph console all right and could you identify

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your client a relationship to the property yeah uh my client's david dwight he is the trustee

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and owner under the trust for his aunt elizabeth h hamilton all right and our vice chair has a few

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questions good evening have you uh submitted your documents and exhibits five days in advance of

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this hearing yep yes and do you waive the reading of the refusal and stipulate to its accuracy

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I do. Thank you. You can show your screen to begin.

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Okay. All right. Share, bada bing. Hey, everyone. Joe Consul, 8521 Mansfield Avenue. This is

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a property that has been in my client's family for decades. My client will attest that his

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knowledge it's always been in a two unit property as you'll see it's set up as one although it was

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never legalized uh there are um the property next door appears to have the same setup and

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a couple of the other properties on the block uh appear to as well uh we had some neighbors

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come into the rco meeting and claim knowledge of this but it does not seem like it seems like they

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These were built as dueboxes, but never actually legalized.

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And my client can explain.

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You'll see that his aunt passed and a lot of her stuff's still on the property and things like that.

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But you'll see that it's a two-unit property.

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So here's the refusal property.

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It's seeking two-unit variance for this property here owned by the Elizabeth Hamilton Trust.

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She put that property into trust zoned RSA3.

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Here's our letter of support from the 50th Ward, along with their explanation of the

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meeting. It notes that the neighbors, some of them were aware of the duplex, the duplex

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is on block. And I guess there was some concern that he was planning on potentially renting

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or selling the property, but it's in an estate and this is his job to disseminate the property

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in some way. And so while that might have caused some concern, we still got a letter of support

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from the neighbors and they fully requested them grant the variance. There's the property where the

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one on the right, I'm showing two doorbells. There's the entrance, go up to the one unit,

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go to the right to the other unit. It's the interior of the property.

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Here's the basement.

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These are quite old, you know, boilers and things like that.

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So hopefully you see two of everything.

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This is one of the garages.

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Interestingly, both this property and the property next door, I wish I had that back

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photo.

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But these are two garages that are connected to this property next to the two meters.

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so each of the units has uh its own its own garage meters i don't know why i put that in

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there it's a little blurry so the first photos were the downstairs unit

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So the first photos were the downstairs unit.

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Now we're looking at the upstairs unit.

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Our postings.

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Roof of mailing.

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We included the trust in the back.

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And we emailed the tax clearance certificate,

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although i did not include it in the packet that i'm showing you on the screen now um i'll call

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mr dwight um to say hello and it's not my testimony are you still there mr dwight

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talked to him like two hours ago what is the name of the person again david dwight

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okay thank you david dwight please raise your virtual hand

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i see two people answering to that name in the virtual audience today

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okay once more david dwight please raise your virtual hand and wait to be sworn in

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Mr. Consul, you're an officer of the court.

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Yes, sir.

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We'll take your testimony. Questions from the board.

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Oh, I heard a pop.

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Questions from the board.

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Questions from our attorney.

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Chair, excuse me, Mr. Wright, Mr. Dwight has raised his hand.

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What did you say?

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David Dwight has raised his hand.

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Okay, good. Thank you.

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Yes.

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Yeah, promoting him to panelists waiting until he accepts chase. We're having a hard time hearing it. Jason.

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I'm sorry, Mr. chair.

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Yeah, just promoted him. Sure. Thank you. Looks like they declined. I'll go ahead and let him speak.

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Good evening, sir.

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Hello, can you hear me?

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I can, sir.

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

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Okay, my name is David Dwight.

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Sorry, I'm having a hard time getting one.

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No, it's okay.

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It's okay.

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Could you spell your name for the stenographer?

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David, D-A-V-I-D, Dwight, D-W-I-G-H-T.

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I'm the third.

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All right, do 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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Counsel, please proceed.

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uh mr dwight did you um hear my testimony just now regarding um your family's property at 8521

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mansfield avenue i did it was my great aunt's property great aunts i apologize uh and do you

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adopt that testimony as your own yes i do all right and it's your contention this property

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has been set up for you know as far back as you can remember as a duplex uh yes it has always been

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a duplex okay nothing further since tomorrow attorney um i just want to put on the record

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i believe council mentioned that um there's two accessory um indoor uh parking spaces and it also

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looks like there's two parking spaces um outside um questions or comments from the virtual audience

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i do not see any further hands mr commission

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Michael Gall with the Philadelphia City Planning Commission comprehensive plan recommends no change to the existing RSA 3 residential single family attached zoning at this location.

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The appellant has not demonstrated that there are unique circumstances or physical conditions of this property that would prevent it from being used in strict conformance with the zoning code.

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A search of nearby properties does not show any multifamily conversion.

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So the proposal is out of character with a single family community context.

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Therefore, the city planning commission recommends the board deny the request of variance for multifamily household.

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MI 2026-002-649-8521 Mansfield Avenue, I vote yes.

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Michael Johns, my vote is yes.

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Carol Gaston, my vote is yes.

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Danetta Graham, my vote is yes.

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Maya McAdams, my vote is yes.

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Taya Nguyen, my vote is yes.

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Layla Beebe, my vote is yes.

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Thank you, Mr. Consul.

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thank you uh mr dwight thank you board okay number nine mi2026 zero zero two zero four four

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4450 Main Street,

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4450 Main Street, William O'Brien is the attorney.

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William O'Brien is the attorney.

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mr o'brien yes uh oh there you go sir could you please state your name and spell it for this

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Yes, William O'Brien, W-I-L-L-I-A-M, O-B-R.

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Can't hear me?

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Do it one more time.

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Do it one more time.

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We're breaking up.

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It's William O'Brien, W-I-L-L-I-A-M, O-B-R-I-E-N.

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All 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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I do.

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Mr. O'Brien, could you identify your client and relationship to the property?

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yes the uh owner of the property my client is manioc historical properties llc all right our

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vice chair has a few questions good evening um have you submitted your documents and exhibits

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five days in advance of this hearing yes the documents have been exempt have been submitted

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okay thank you and do you waive the reading of the refusal and stipulate to its accuracy

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i do all right thank you you can share your screen to begin with your case thank you

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uh this is a request for a change in use um to visitor accommodations uh here's copy the refusal

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that is the only item on the refusal is that use issue um this is a copy of the uh rco's letter

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of no opposition. It was unanimous in that regard. And I want to point out some of the

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explanation, which is on the screen. It's highlighted. However, they start with saying

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that they generally oppose visitor accommodations in the neighborhood. And then they go on to say,

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however, this proposal is in the Main Street Commercial District, where we believe visitor

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accommodations are a beneficial and natural extension of the commercial district's mix of

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commercial space and rental housing. We question why visitor accommodations were excluded from the

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commercial districts in the first place. Here's a map of the area from Atlas. This is the subject

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parcel. It is between Main Street and the same Maniunk Canal and towpath that you heard earlier

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today. This is the iconic Maniunk Bridge. It's right next to that and the area is generally

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CMX 2.5. Visitor accommodations don't begin until CMX 3. So that's why this is a refusal.

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This is a zoning permit that was issued in 2024. The property was badly damaged in September of

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21 in Hurricane Ida. My client did not own the property then. They purchased it vacant and in

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pretty bad condition. So they got the zoning permit, which changed the use on the second

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floor from office to multi-family. That was done over the counter. And then the following year in

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2025, they were issued a commercial building permit for level three alterations for almost

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$750,000 to bring the building back into shape. I will note that the building is a contributing

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resource in the Main Street Manioc historic district the National District and at first

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my client had interest in putting a third floor on the historic commission staff discouraged that

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and my client accepted the commission staff's opinion here is a photograph of the facade of

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the building I think I have to change bear with me

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well can you see that yeah so there's the facade the first floor is vacant commercial

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I understand that there is an interested tenant and this may be occupied as soon as next month

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and then the second floor is our three apartments I'm going to skip to page 26

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and you can see the approved floor plans.

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approved floor plans. This goes back to 2024 when the zoning was approved for

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three apartments. Going from the south side of the building you have a one

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bedroom unit on the second floor. In the middle of the building there is a two

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bedroom unit and on the north side of the building another one bedroom. I'll

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show you some photographs okay this is the entrance staircase on the right side

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of the building this accesses the one bedroom on the north side

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This is where the staircase enters, the living space in that apartment, the bathroom in that apartment, the bedroom, laundry, and utilities.

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This is the staircase on the south side of the building.

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This is the hallway from that second floor hallway.

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You see a door facing you, and then there's a door frame on the right.

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Those are the entrances to the two apartments. The one on the right where you see the door frame is

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the one bedroom. The door in front of you is the entrance to the two bedroom apartment.

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There's the kitchen for the one bedroom. That's the bedroom, bathroom, laundry, and utilities,

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mechanical rather. This is the kitchen for the second bedroom, the bathroom for the second.

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This is a picture of the historic Engine 12 building across the street.

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First bedroom, second bedroom.

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And that's about my presentation.

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I do have the managing member of the LLC, the owner, on with us.

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I think their intention, although they're allowed to rent it one night at a time,

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I think their intention is to limit it to three nights so that there's not going to be frequent turnover, that there'll be at least three nights minimum use.

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And then the other documents in the exhibit package include the zoning notice, the application, the deed, the zoning photographs or the zoning poster and revenue clearance.

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We have everything.

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I would ask Brian DeMurg to raise his hand.

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Brian?

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Mr. Chair, they will be coming back in as a panelist.

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Thank you very much.

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Understood.

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