civus
Hearing video

ZBA Hearing - March 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 17, 20215h 37m

rep. We are here seeking a variance to use this RM1 property, which measures approximately

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1,675 square feet as a six-family property. We have one refusal, and that is for lot area.

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we uh met with the mantua civic association in december uh at that time we had met with them

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regarding uh one two three four five total properties uh those other properties are on

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the screen now 39 18 39 20 the one we're here for today 39 24 30 there's nothing on the screen oh

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i apologize i clicked that button let me let me try it again hold on

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that is my bad

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see if this does it that do it that's doing it all right perfect okay all right so

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see if this does it

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here we are again so we met with the mantua civic association

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in uh in december for uh these properties 39 18 39 20 39 24 which we're here for today

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3926, and 3930 Haverford Avenue. The other four besides the one we're here for today,

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we had originally applied, we submitted the appeal prior to today's appeal, and those properties

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were all heard by the CBA on January 13th. The variances were all the same as the one we're

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seeking today and we got a yes on all of them um as well as a uh support from the rco uh manchua

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civic association also the 24th and the 24th ward as well the 24th ward as well correct yes 24th

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ward participated and we have their support as well that's correct yes okay this is sharon uh we

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we also have mr goodman also emailed that uh councilwoman got the as in non-opposition

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great thank you okay so we we had four of these already this is the fifth one we tried to get

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all of them lumped together in january but there wasn't space for us so we're here on the straggler

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mailing photos uh the property in the middle here 39 24.

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photos we take it down to our plans i'll zoom in here just wanted to point out that similar to

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similarly to the other properties there's no occupancy in the basement

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we have open areas on every floor to account for trash storage

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prior to trash day these open areas are next to stairwells which allow the units

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to store their trash outside but not have to lug it down until it's actually trash day

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in addition to that on the topic of trash Mr. Yakubov has engaged private trash collection

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companies for the pickup on these properties, as that was something that was requested,

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so he is doing it.

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Here's our plans.

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We have a setback on the roof deck.

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We've got no refusal on that.

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And that's it.

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It's going to be six dwelling units.

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Is your client here?

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Yes.

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German, could you raise your hand?

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Hello.

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I've been unmuted.

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Hi, can you put your name on the record and please spell it, your last name?

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Sure.

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German, Jakuba, Y-A-K-U-B as in boy, O, V as in Victor.

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

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I do.

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Okay.

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Good afternoon, German.

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Did you hear my testimony so far?

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I have.

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do you agree with it i do is there anything you'd like to add to the board today

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no just that we've been in the neighborhood for forever um at this point 14 years um we've owned

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this property for a good chunk of that time um and we have overwhelming support from the neighbors

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we were we're a good neighbor um in the community we we help out on multiple levels that's where

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we're able to get the support from the community and no opposition from from councilwoman's office

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as well as we were able to get approval for the four other buildings which are identical to this

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one back in January. So we hope we meet the same fate today. Thank you. Is there anyone else here

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who would like to speak on this case? If so, please raise your hand. I see no hands, Vice Chair.

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Thank you. Planning Commission?

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Thank you, Vice Chair Tanari. Ian Hegarty for the Philadelphia City Planning Commission.

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So the comprehensive plan recommends no change to the existing multifamily zoning at this location,

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but we don't feel the applicant has demonstrated that the development site is restricted by unique

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physical circumstances as is required to, nor has he shown that the proposed density is necessary to

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enable viable economic use of the property. And I would like to further note for the board's

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consideration that there is a buy-write option for the requested density through the mixed

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through the mixed income housing bonus which could be either on-site units or contribution

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income housing bonus, which could be either onsite units or contribution to the

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to the fund. And so we would recommend that the board deny this variance.

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Thank you. Does the board have any questions? No.

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Sharon, are you about ready to speak? I am not. Okay. Nothing to add. Thank you. Okay. Calendar

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number 2989 3924 haverford avenue my vote is yes my vote is yes my vote is yes my vote is no

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thank you

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i think that concludes the uh 9 30

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yes is that correct

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yes that concludes and thank you confessor there was an emergency

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i'll see everybody at two all right see you later thank you bye-bye see you guys

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thanks everybody thank you so much

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we are recording thank you and uh since i missed this morning who's uh doing the administrative

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work jason no fatina okay so fatina you need a few minutes no i'm good okay uh we're ready to go

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I like the music. Thank you. Good intro. Good afternoon, everyone. My name is Frank DiCicco.

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I'm the chair of the Zoning Board of Adjustment. I'll be participating in today's hearing along

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with our vice chair, Ms. Carol Tenere, board secretary, confessor, plaza, and board members,

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Mr. Thomas Holloman and Mr. James Snell. Board administrator, Ms. Fatina L., and our board

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Attorney Ms. Sharon Saleta are also in attendance. For those of you who haven't yet participated in

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one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by

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participating you acknowledge your agreement to be recorded and this recording will be available

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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And I would also like to advise everyone, please do not attempt to testify in the chat.

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Any comments should be directed to our board administrator.

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With that, I believe we can begin.

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And I think there's some unfinished business from the nine o'clock list.

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Carol?

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Yes, there is.

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Yeah, could we hold off for one second?

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Sure.

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Thank you.

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And we can do that when we have all members available to vote.

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everybody's on professor tom jim

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is not no jim is not

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and are we do we wait for jim yes

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he's on all righty okay

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okay madam chair thank you ready to go yes okay calendar number 0252 1743 east washington lane

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my vote is no my voters no my voters no my vote is no

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chair

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we can start okay um mi 2020 that's zero zero zero zero three four one five three five that's

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three seven north american street excuse me chair i believe there was

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excuse me chair i believe there was one continuance or or maybe i'm wrong on that

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one

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i don't see it you might be right i don't see it on my list i see the

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notation about 2301 south broad we'll we'll go forward um no there was an email that i sent it

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Yep, you're right. Hold on. Again, I apologize. I'm working from two instruments.

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I don't have that.

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Hold on.

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Two instruments. I apologize.

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Okay. The following cases have been requested to be continued.

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MI 2020-001115, 2504 East York Street.

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And that is it for this afternoon, for 2 o'clock.

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If anyone objects to that case being continued, please raise your hand at this time.

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Chair, we have Catherine Missimer with her hand up.

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I'm not sure if she wants to speak to this case or not.

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Good afternoon, ma'am.

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Please identify yourself with a record name and address.

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Catherine Missimer, M-I-S-S-I-M-E-R, 1835 Market Street, Suite 1400, 19103.

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

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I do.

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Thank you. Please proceed.

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I was not planning to speak to that request.

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I had sent a request on Thursday of last week to request our continuance in another matter today, for this afternoon.

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What is the case number?

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MI-2020-002851, 2421 Masher Street.

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We have that on our continuance list, that it will be continued.

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Excellent. Thanks very much.

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Thank you.

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Again, anyone object to the case that I called in, 2504 East York Street, having that case being continued?

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Raise your hand.

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Excuse me. This is Sharon.

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And Ms. Missomir, are you still there?

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I believe that's on the 3.30 list.

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So it would have to be announced then.

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Yep, it is on the 3.30 list.

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Apologies, we had two o'clock on the calendar.

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No worries, it will be continued on the 3.30 list.

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Great, thanks so much, apologies.

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Okay, at this time,

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we'll ask if anyone is requesting a continuance

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or withdrawal for the 2.30 list.

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i see no hands share okay uh carol we can begin

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okay calendar number zero zero three four one five three five dash thirty seven north american street

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Yes. Good afternoon, Mr. Chair, members of the board. I was accidentally

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Good afternoon. Name and address, please.

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Oh, yes. Alan Nockamson of Nockamson, PC, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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And you're sworn in from this morning, correct?

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I am. I am. I was accidentally promoted for this matter. My co-counsel, Clementa Amazon,

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time we'll be handling it okay hi clementa can you put your name and address on the record and

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spell your last name yes of course good afternoon chair members of the board clementa amazon

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c l e m e n t a last name a m a z a n knockamson pc 123 south broad street suite 1600 philadelphia

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PA 19109. Do you swear or affirm to tell the whole truth and nothing but the truth? Yes, I do. Do you

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also agree to waive the reading of the refusal and stipulate to its accuracy? Yes. Have you emailed

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the exhibit packet with proof of ownership, tax compliance, refusal referral, photos and or plans

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of the property five days in advance of this hearing? And have you met with the RCO and do

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have a letter? Yes, we actually have a letter of support at that. Thank you. You may proceed.

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Thank you. May I share my screen? For you, May. Perfect.

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Can everyone see my screen? Yes. Perfect. So again, my name is Clemente Amazon. I will be presenting

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1535-39 North American Street. And with me, I have Michael Frechette, the owner of the property,

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as well as Judy Robinson, who is the architect for this matter. During my presentation,

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I will be going through the deed, tax clearance information, the notice of refusal, as well as a

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tax clearance information the notice of refusal as well as a permit for the property showing

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permit for the project.

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the history and that it has always had multiple units the application for appeal zoning map

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photographs of the property as well as plans and drawings and last but not least a letter

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of support from south kensington community partners so first i have the deed indicating

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that my client in fact owns the property as well as the tax information showing that we are

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all set. So for this particular project, we have one existing structure, and we have one structure

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that we are seeking to build. The existing structure is zoned as CMX1, and when my client

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purchased the property, it was fully residential. There was never commercial use there. He currently

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has tenants that have been there for a very long time, living on the first floor unit, and he would

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like to keep the tenants there. It came to the attention that it was not a legal use, so he's

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looking to legalize that unit. So we're just looking to swap that commercial for residential,

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although it never has really had commercial use. For the new build, we are zoned as ICMX,

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excuse me, IRMX, and we are required to provide parking. But as you'll see in my presentation,

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because of recent work that was done on the front of the property, so there was a sidewalk that was

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recently done, as well as a fire hydrant, it just wouldn't be feasible for us to create the curb cut

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for that parking so here as you can see for 1535-39 there has always been excuse me five

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apartments so we're just looking to legalize that use for the additional apartment there

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and we have the application for appeal another copy of the refusal oh excuse me

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Our project information form, a map of the area. As I mentioned, the existing structure

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is zoned as CMX1 and the new build is zoned as IRMX. So for the structure, we're just

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looking to legalize that sixth unit and swap out the commercial for residential. Again,

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there's already a tenant that's been living there for a long time. It's actually an elderly

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couple. And for the new builds, we are incapable of providing parking because of the work that's

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recently been done. The map of the area. So this is the existing structure for 1539 and we plan

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on building on this lot right next door. This is a view from West Oxford Street and views from

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North American to the right of property as well as the left of the property. Views of West Oxford

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Street from the left and the right of the property. And this is a better view of the sidewalk's

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existing conditions. I'll just zoom in a bit so you guys can see that. As you can see, the sidewalk

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was recently redone. There's been a green space that's been added as well as the fire hydrant. So

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