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Hearing video

ZBA Hearing - April 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 8, 20251h 13m

they could also just change the building type

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Good morning, my name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board of Adjustment.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our Board Member, Tanetta Graham.

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Present, Mr. Chairman.

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And our Board Member, Taya Wynn.

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Present, Mr. Chairman.

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Also, here is our attorney, Hillary Emerson, and our zoning board executive director, Ian Haggerty.

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Recording of this meeting will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in-person, if you're called to speak, you must state and spell your name and then wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party.

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There are three ways to enter your appearance.

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You can identify the case property address on your Zoom webinar registration.

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You can see a staff member, or you can call the ZBA appearance line by the close of business.

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Call 267-270-5548.

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Leave a message that includes your email address and the address of the property of the appeal.

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The following guidelines are for remote attendees.

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First, when directed by the chair, you must raise your virtual hand in order to be recognized.

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Second, if you're called to testify, you'll be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on the case in the Q&A.

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in the Q&A. Fourth, if you're participating by phone, please press star 9 to raise your hand

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and star 6 to unmute. For our in-person attendees, please refrain from talking, eating, or drinking

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during the hearings. Verbal and physical aggression will not be tolerated. Restrooms are across from

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the elevators. A water fountain is just outside the room to the right. When speaking on the record,

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you must speak directly into the microphone in order to be heard by all attendees and the court

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reporter. In the event of an emergency, please follow the directions given over the public

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address system or by the staff. The main exit is through the double doors at the rear of the room.

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The nearest stairwell is to the left outside the doors. In case of an evacuation, the rally point

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is Love Park directly across Archery. Please remain there so we can account for you. Let's

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look at our schedule. Are there any requests for continuance? Good morning, Chair. This is Nadia,

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and I'll be your co-host today. I see no hands. Okay, so we're going to go right to our main

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list. Number two, MI 2024-001-595-52 East Washington Lane. Candace Jamison and Charles

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Whatley are the owner applicants? There's a letter of unanimous support from Chew and Belleville

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neighbors. Candace Jamieson or Charles Whatley if you're not virtual audience. They have been

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promoted to panelists. Thank you. Hello. Good morning. Could you please state your name

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and spell it for the stenographer.

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Candace Watley, C-A-N-D-I-C-E-W-A-T-T-L-E-Y.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes.

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All right, so this application is for use

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as a multifamily household living,

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three dwelling units in an existing structure.

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The proposed use, multiple family household living

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is prohibited in the RSA3 zoning district.

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Our vice chair has a few questions.

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Good morning.

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

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Yes.

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Thank you.

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You may proceed and share your screen.

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Okay.

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Thank you.

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Okay.

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One second, please.

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I'm getting it together.

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Sure. Thank you.

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Sure.

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Thank you.

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Thank you.

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Should be the green bottom, the green button at the bottom, right?

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Yes. Here we go.

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Just OK. OK. All right. Please begin.

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OK, so this is 52 East Washington Lane.

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I'm just going to go through the pictures.

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Here is the zoning pictures. I have three.

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Then we have a picture of the block here, and all these are triplexes.

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And between 52 and 50 Washington Lane is where the trash will be placed.

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We have the mailbox, which is something that the RCO requested to be inside.

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here's when you walk in the front door and that's the steps to go upstairs that's the landing

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and here we have the first floor apartment when you walk in that's the kitchen

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in the living room area and that to look out from the living room into the hallway

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and the front room that's like an office area

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and then we have the hallway and we have bedroom one bedroom two and the bathroom

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and that's bedroom one

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bedroom two and here's when you first walk into the bathroom and here's when you turn to the right

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into the bathroom. Here's the second floor apartment door. Here's when you open up the door

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to the apartment, that's the living room. This is the living room and this is the front bedroom.

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And when you open up the front bedroom, that is the door, that's the bedroom. This is a close-up

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of the kitchen. And here is like a pan out view of the kitchen. Here's the second bedroom.

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It's the bathroom. That's just another picture of the bathroom, the tub area. This is the door.

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This is the hallway landing to go to the third floor apartment. Here's the third floor

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apartment door here's when you open up the third floor apartment door

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these are the steps to the third floor apartment

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and here we have went the landing

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here's the bathroom

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the back bedroom

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this is the kitchen living room area

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kitchen this is the front bedroom

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front bedroom it's another view of the kitchen slash living room area

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here's the backyard

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here's the back of the house

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yeah and that's it for that

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how long has this been a duplex it's been a triplex when i purchased it it was a triplex

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i'm sorry ma'am yeah it was a triplex when i purchased it and when was that um initially

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back in 2016 and then it went to my son and my name in 2021 all right thank you questions from

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the board. Questions or comments from our attorney? Ms. Watley, is there any parking

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at the property? No, it's just street parking. Just street parking. Okay. I just wanted to

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note for the record, because this is an RSA3 property, it does require one parking space

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per unit. So that was something that was missed on the refusal. So just noting that for the

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record if the board if the board grants here that it would also be granting

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variants for not having the required accessory parking. Thank you. Questions

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or comments from the audience and the virtual audience? Chair we have Charles

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Richardson with their hand raised and they have been allowed to speak.

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good morning mr chair good morning could you please state your name and spell for the

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stenographer certainly charles richardson r-i-c-h-a-r-d-s-o-n office of councilwoman

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city bathroom 508 city hall you swear or affirm to tell the truth the whole truth nothing but the

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

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truth? I do.

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I do.

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And just for a point of interest, we ended our day last week with you, and we're starting our day now again with you.

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This is getting to be habitual, I guess.

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Councilwoman has no opposition to granting the variance.

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Thank you.

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Anyone else in the virtual audience?

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I see no hands.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David Fecto, F-E-C-T-E-A-U with the City Planning Commission. Do you swear or affirm to tell the

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truth, the whole truth, and nothing but the truth? Yes, sir, I do. Please proceed. Thank you, sir.

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Chairman and board members, the comprehensive plan recommends no change to the RSA3,

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Residential Single Family Zoning at this location. This appears to be a legalization

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of a long-standing triplex. The City Planning Commission recommends the board grant their

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proposed use variants for three dwelling units with no off-street accessory parking.

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Thank you. MI 2024, 001-595-52-East-Washington Lane, I wrote yes.

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Cheryl Guest, and my vote is yes.

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Tanetta Graham, my vote is yes.

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Tyowin, my vote is yes.

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Tishmel Shaheed, my vote is yes.

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Thank you.

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Thank you, Ms. Motley.

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Number one, MI 2023-005-926-3223 West Burke Street.

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Pascual Calavita is the attorney.

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This is a resumptive hearing.

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Chair, I'll be recusing myself.

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Thank you.

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That was Tenetta Graham, everyone.

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Good morning.

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Good morning, counsel.

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Counsel, could you state your name and spell for the court stenographer?

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Pascual Colavita.

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P-A-S-Q-U-A-L-E-C-O-L-A-V-I-T-A.

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You swear or affirm to tell the truth, told truth, nothing but the truth?

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I do.

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Counsel, your video's off.

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I've clicked it twice.

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Let's see.

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For some reason, it's not going on.

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I see that it's off at the top, but at the bottom, there's no line through it.

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I've undone it.

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Mr. Colavita, this is Ian Hegarty.

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Do you have your camera, like a physical cover over your camera?

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I do not.

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I do not.

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I can actually see where the three faces are, and I don't see a screen for you, and Karima Quintana's got a line through both of their site, but my video, it lists as on at the bottom, it's off at the top.

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I mean, I don't have a problem proceeding. You guys have seen me enough times. Maybe you don't want to see me again. I don't know.

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uh i if if the share uh aspect of this functions i can proceed because this again as you stated

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this is just a return from a previous meeting just to conclude to show you the changes that we

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uh removed all basement living and met with the community group that's basically all i'll be here

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four. Okay. So yeah, Hillary, I just talked to our council. We're fine with that. So just let me

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give you an idea where we're going to, how we're going to handle this. So there'll be an update

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from you about the second RCO meeting and concerns previously raised by the board. There'll be

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questions from the board, the public testimony, and then the planning commission, and then

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obviously we'll vote. So why don't you start your presentation? Thank you. Again, Pasquale

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Colavita, attorney on behalf of Kimit Hassa. I'm going to start sharing this. It's Hassa Construction

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is the actual owner of the property. As was stated, this is a continuation of our initial

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hearing on October 2nd of 2024. I'm just going to supplement this with a notification of the

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neighbors in 7a, the letter of support after our meeting on January 23rd, a 10 to 1 vote in favor

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with the copy of the plans here. And as you can see, the first floor, if I can some way move this

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over. Shows no basement living and window, there's no window well arranged.

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Basement living and window. There's no window well or anything in the front.

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And notice of the posters that were done by Mr. Hassa and the actual meeting summary.

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this is the revised plans with proviso the other ones were just the floor plans which are not part

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of the the zoning application and a copy of the tax clearance certificate so we went back we had

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initially set up an appointment with them for some odd reason no one had showed shown up at

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that meeting and it was never, I guess, formalized, but we reposted again. It was stated in

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7A, which replaced the prior one on January 10th. So it seems like everybody is now in agreement

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with a three-story property, two-unit dwelling, no rooftop deck with the no basement living.

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So I just ask that you grant a variance for a duplex here, a two-family dwelling, as is set forth within the proviso and plans.

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And I can bring my client on to confirm everything.

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Why don't you bring your client?

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Or listen to questions first, so if you have any.

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Okay.

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And for a point, we also have a letter from Councilman Young in non-opposition.

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Questions from the board?

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Can you fill up the floor plans again?

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Is there anything specific you're looking for that I can scroll through?

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I was just trying to look at the egress.

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the two egresses on the first floor. This is fine. Where it is, it's fine.

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Okay. Are you going to bring your client on?

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I am. Sure. Bring your client on. His name is Kimit Haasa.

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Kimit Haasa, if you're in a virtual audience, please raise your virtual hand.

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