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Hearing video

ZBA Hearing - December 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 18, 20247h 42m

we'll see if we can't get you back in as quick as we can okay okay thank you mr cooper thank you

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anything is the computer bring back on uh joe please

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show console hey uh we're here she can't she can't find it at the race she said she uploaded

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it to eclipse when she originally applied so i don't know if she's gonna get it we gotta send

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it over or what what we'll do is we're gonna have to hold the vote hi joe okay all right

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as soon as you as soon as you get it we'll get it as soon as we come back we'll make sure you

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get on it right okay thanks thank you very much mr chair i think we can schedule the vote for this

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one for January 8th

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at 2 p.m.

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I think in the next three weeks

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Mr. Consul will absolutely have that over.

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Thanks, Joe.

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So we'll vote in our next date.

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Is there anyone

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in the Brooks and Walters

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whose case has not been heard?

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I do not see any hands.

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Let's take a five-minute break.

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Mr. Michael Handley.

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Mr. Michael Handley has his hand raised.

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sir could you please state your name sure could you please state your name and spell it

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mr chair these may be questions about the 330 list yeah these are three for 330 i'm sorry yes

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we have not yeah we're going to take a five okay wait great okay we're going to take a five minute

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break and we'll come back and we'll get to the 330 list all we need is five minutes thank you

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Bill Bergman. Good afternoon, everyone. My name is Bill Bergman, and I will be

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chairing the 330 section. With me is our board member Cheryl L. Gaston.

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Present, Mr. Chairman. Our board member Tanetta Graham.

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Present, Mr. Chair. Board member Michael Johns.

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Present, Mr. Chairman. Board member Taya Nguyen.

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Present, Mr. Chairman.

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Thank you. Also, here is our attorney, Hilary Emerson, and our executive director, Ian Haggerty.

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Here's our virtual format. The proceedings are being recorded. With your participation, you agree to be recorded.

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The video will be available by notifying ZBA executive director at phil.gov.

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For our court stenographer, we asked attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question answer box on the screen is not for testimony.

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All inquiries should be sent to ZBA Executive Director at phil.gov.

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Let's look at our schedule.

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Number six, MI 2024-002-822-8007-Roosevelt Boulevard.

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That case has been continued.

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Any other requests for continuances?

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Good evening, Mr. Chair.

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This is Jason Hand.

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I have a hand up from Amaya Williams.

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Do I want them to speak again?

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Do you want to let them speak again?

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Sure.

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Sure.

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Hey, that's my client.

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Hey, that's Michael.

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We sent the lease over, and she's really hoping that we could try to get a vote.

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I sent it over to Hillary, if that's at all possible.

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Can we vote?

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Unfortunately, we already continued the case and announced the vote for a later date.

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And we started a new list.

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We'll get you back the first day we're back, Joe.

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January 8th, we'll be back, okay?

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Thanks.

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All right.

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Any other requests for continuances?

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I'm sure I do not see any further hands right now.

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So number one, MI 2023-007-273-2126 West Erie Avenue.

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No exhibits.

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This is the third listing.

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Lavi Properties LLC in Pennsylvania Star Properties.

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Listed owners.

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David Lackner is the listed applicant.

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This is Mark Must Be Heard.

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I do not see any hands raised for that matter.

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So MI 2023-007-273-3126 West Erie.

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This is the third listing.

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We still have no exhibits.

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I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss

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Sonetta Graham, my vote is to dismiss

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Ty Owen, my vote is to dismiss

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And number 7, MI 2024

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004-865

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3911-19 North 5th Street

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Judas San Diego is the listed applicant

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S&S Realty are the owners

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No exhibits, first listing

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Judas San Diego

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once again Mr. Chair I do not see any hands raised thank you so MI 2024 004 865 3911 and 19

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North Fish Street cases continued mark must be heard we're going to go to number two

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I-2024

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001 452

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7130 Boyer Street

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Michael Hanley is the attorney

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for the owner. There's a letter

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of non-opposition from the Mount

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Erie Neighbors RCO

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Mr. Hanley

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Yeah, we were joining as a panel, sir

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Sure, thank you

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yes good evening good evening can you hear me mr handley wait i can't sorry we're so late

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could you please state your name and spell for this denographer

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sure it's uh mike handley m-i-k-e-h-a-n-d-l-e-y where or a firm to tell the truth the whole truth

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and nothing but the truth i do but you identify your client the relationship to this property

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Yes, my client is MRSA Group, Inc., and its owner, Khalid MRSA, and they are the owner of the property at 7130 Boyer Street.

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You stipulate to the reading of the refusal. Do you agree with its accuracy?

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I do.

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Share your screen and start your presentation, sir.

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Can you see everything okay?

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You're up now, sir. Yep.

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All right. So, as you see here, we have the refusal along with the application for appeal. I'll go through these real quick. Project information form. Here is the, as the chairman mentioned, the RCO support, two board members and two meeting attendees all in support of the project.

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Here is the State Department document showing Mr. Merza is the sole owner of Merza Group Inc.

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I have the deed here showing Merza Group Inc. as the owner of the property at 7130.

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Here is the tax clearance valid through December 26, 2024.

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I have all of the proofs of mailing, the notices to the neighbors, as well as photographs of the posting of the posters at the property.

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uh next here i have a 1947 approval to have this property say that again

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i have the 1947 approval to use the property as a three-unit property uh first second and third

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floor all being separate apartments this is how the property was originally built prior to the

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zoning code. And you can see here in 1947, it was being used as three separate individual units for

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three separate families. I also have the 1963

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I also have the 1963 denial. That was an attempt to use the property as four units. I believe a fourth unit was to be put in the basement, and that was denied.

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As you can see right here, they wanted to put a fourth unit in, and you can see right here it says apartment and basement. That fourth unit was denied, and it remained as a three-unit property.

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and they're just going through the denial here we have the uh floor plans originally my client

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was going to was going to attempt to do this as a four unit uh with a fourth unit in the basement

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however after i spoke with him and we went through the history of the the property he agreed to drop

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this so there will be no fourth unit in the basement that's just going to be a regular

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standard basement with the hot water heaters boilers all of that um but these are the plans

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for the first, second, and third floor. I have some photographs here. This is the first floor.

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Nothing has been done to it. That's the front door right there. This is the second floor.

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This is the back of the unit. There's a closet there. We see here, this is the kitchen on the

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second floor. Here on the third floor, again, there's a kitchen there. And all of this,

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It's important to mention that when he bought the property, it was already laid out like this.

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All these kitchens were here.

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He did upgrade the appliances, the cabinets, and everything, but he didn't run any new pipes, no water pipes, no electric, no gas.

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He didn't move any walls, put in any walls.

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This was all laid out as a three-unit when he purchased it.

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He just obviously upgraded it.

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Here I have a map of the blocks surrounding the property.

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This is our property right here in green.

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The property is circled in red.

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There's 16 of them.

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They are all either currently or were approved for multi-unit apartments.

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I believe eight of them are currently still approved and eight of them have had their approvals expire.

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They haven't renewed their approvals. So there is some history in this neighborhood of having multi-unit buildings or multi-unit properties.

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And again, here are the showing the rental license to the properties here on the map.

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So you can see this one's inactive. This one is still active here.

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here we show 7128 boyer street which is on one side of our property at 71 30 here we show 7132

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which is on the other side and you can see they're both multi-unit they have their own separate

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electric meters um i have here i'll blow it up a little bit this is just um the uh the required

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parking parking spots and you can see as we are in an rsa3 as i'm sure you are aware you

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need one parking spot for every uh unit next here i have a map an overhead of the neighborhood 7130

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here is where uh it was where the applicant's property is i have some other properties laid

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out here, you know, 7132, 7128. The purpose of this is to show that, and here you can see this

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is Boyer Street, my client's property is right here, 32, 28, 26. The purpose of this is to show

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that in this neighborhood, since this neighborhood was laid out prior to the zoning code, there are

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no, it wasn't designed to have any off-street parking. None of these properties have off-street

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parking. These are across the street, 7121. I shouldn't say none. There is a handful. You can

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see this property right here that's blue. They just redid the property recently. They gutted

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the whole thing and made it a one-bedroom, and they put a spot going down into where the basement

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used to be. There is one or two properties in this area that do have driveways, but the vast

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majority, this is across the street from my client's property, Sydney Street. The vast, I'd

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say 90, 95% of these properties, this is the street next to my client's street. None of them

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have any kind of off-street parking. Again, this is across Boyer Street on Durham, the same street

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here just on the other side of Boyer. None of these properties were set up or designed for

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off-street parking. So even if my client were to, you know, completely gut this property and make it

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a single-family home, he would still need a variant from the off-street parking as there's

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just no way, there's no place to put off-street parking for his property. There's a little alley

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here, but only half of that is his, and it's not very wide, so you couldn't put anything there,

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which is why neither one of these properties ever have. There's no area here. You can see

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Here you can see where my cursor is behind these properties. There's no area for parking there.

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where my cursor is behind these properties. There's no area for parking there.

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So, I mean, it would be virtually impossible for my client to come up with even one off-street parking spot, even if we were to do a single-family home.

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My client, you know, the plans to do this are in line with the neighborhood.

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A lot of these properties, I showed one on either side here, 28 and 32, they are both multifamily properties right now.

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They both have, I think one of them has a two unit. One of them has three unit. The home was built as a three unit. It was used as a three unit. It was approved as a three unit. And basically my client just wants to be able to complete his upgrades and get three people in there.

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Like I said, the community organization supported our application, and one of the community members that was at the hearing actually said that she herself has a three unit that she rents out in the neighborhood here.

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So basically, my client is just looking to, you know, kind of use the property in line with how it's been used before and use the property in line with the current usage in the neighborhood for a lot of the properties.

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And with that, I'd be happy. I have my client here, Mr. Merza. He's actually in my office with me here.

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Bring him on and adopt your testimony.

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Sure. Mr. Merza, did you hear everything I said today?

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Wait one minute. Get him to identify himself, right? Spell his name for the reporter.

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Okay. Hello, everybody. Good evening. First name is Khalid, K-H-A-L-I-D, and the last name is Mirza, M-I-R-Z-A.

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Where are firms that tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Counsel, proceed.

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Thank you. Mr. Mirza, did you hear everything that I stated this evening?

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Yes.

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Yes. And do you agree that everything I said today is true and accurate?

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Yes. And would you adopt everything I said this evening as your own testimony?

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Yes. I have no further questions with that, Mr. Chairman, if you'd like to open up.

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Counsel, when did he happen to buy the property?

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I thought it was 2018.

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Okay. Thank you. Questions from the board?

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Are there images of the inside?

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Yes.

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pictures of the first and second floors done and the third first floor looks like it's almost

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demolished am i right correct the first floor so these so these first pictures here of the first

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floor and then this is the second floor second floor second floor third floor third floor third

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floor third floor and the plan your floor plans yes the plans are right here yeah make them bigger

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yeah probably blow them up a little bit is that any better or do you want them no that's better

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and so so but so now i just want to be clear so you're asking for three units correct we are not

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doing anything in the basement correct okay so so you'll so these plans are so everything is the

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