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Hearing video

ZBA Hearing - December 18, 2024

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

I don't know if that's what that's probably that probably requires a variance if that is not on

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here because that's a separate use category so personal vehicle repair and maintenance would

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not include a spray painting booth vehicle paint finishing shop is the use that you would need on

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there so if that's what your client is seeking then I recommend that we resume the hearing once

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you get an amended refusal that has that use.

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Otherwise, your client's going to probably have to go through this process again

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because I believe that use would probably require some sort of zoning relief as well.

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Yeah, am I still on mute? I'm sorry.

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Go ahead.

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Am I still on mute?

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Okay. Thank you for that question.

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That's a great question.

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I just want to bring clarity to our attorney as well, and sorry for the confusion.

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So our initial phase is to do collision and not the repair.

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The paint was a discussion that we had as far as maybe a separate phase.

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But in our current business, we always outsource that as well.

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We never, you know, that wasn't part of our establishment.

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We outsource today, and we intend to do that as well.

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down the line once we get back open and if that's a discussion with our

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executive team that we want to go that route, we'll follow the proper stance.

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But currently, we just want to operate as business as usual as we were

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with the deliverer there. Okay. Alright, because

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then what you have is fine if that is the case, but just know that you would

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need additional approval, most likely really from the zoning board, if you were to add

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that service in the future. Thank you, Hilary. No problem.

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Yeah, no problem. The other question I had is the RCO did ask about a temporary three-year variance in their letter.

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Was there any objection to that request if the board does grant?

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I have no objection.

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Okay. Thank you.

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um questions or comments from the virtual audience

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Questions or comments from the virtual audience?

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yes mr chair i have a gregory allen with their hand raised i have allowed them to speak

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hello chair hi could you please state your name and spell for the stenographer

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yes sir gregory g-r-e-g-o-r-y last name a-l-l-e-n

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um you swear or affirm to tell the truth the whole truth nothing but the truth

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i do mr allen please proceed thank you chair and board um first we would like to extend our

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condolences to the davis family and everyone in changing lanes a few members of our community

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were familiar with Mr. Davis. And it was him and Mr. James's testimony that made people feel

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comfortable with allowing this property to be used in the way that it had been used in ways

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we weren't comfortable with. So since our RCO meeting, I can testify that the company has

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met all the things we've asked for um they do employ quite a few people from our neighborhood

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at least two of them sat in on the rco meeting they we've accused them but they felt comfortable

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because they're members of our overbrook-winfield community and then finally um we have uh made

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connections with Overbrook High School

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and

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the business

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offered to partner with them

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so Overbrook High School is an

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auto body repair

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intends to reactivate

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that program and we will

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be reaching out to Mr. James

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for that purpose

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and also

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the business, the RCO

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the Overbrook West Neighbors

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in addition to being the RCO

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is the corridor manager

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And so we look forward to helping Changing Lanes be successful with whatever funding or commerce department that we can help with.

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So there was support for their application.

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Thank you, Mr. Allen. Thank you again for calling us. And we appreciate it.

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Is there anyone else in the virtual audience?

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No further hands, Mr. Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission. The comprehensive plan recommends no change to the

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ICMX industrial and commercial mixed-use zoning at this location. The plan has shown that the

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proposed personal vehicle repair and maintenance will have no detrimental impacts to the neighborhood

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beyond what might be expected. The Planning Commission recommends that the Board grant the

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proposal for a special exemption. Thank you. MI 2024-001-459-5357, Lancaster Avenue.

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I vote yes. Temporary variance expires 12-18-27. Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso. Tanetta Graham, my vote is yes, with proviso.

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I win. My vote is yes with proviso.

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Thank you, counsel.

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Thank you, everyone. Have a great night. Happy holidays.

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Thank you. MI 2024-001-594-922 New Market Street.

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Christopher Dean is the attorney.

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There's a letter of support from Northern Liberty's Neighbors Association,

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a letter of support of non-opposition from Council Member Squilla.

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Christopher Dean.

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Debbie, we're joining as a panelist, sir.

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Good evening, Mr. Dean.

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Good evening, Mr. Chair. Can you hear me?

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Yeah, could you turn on your video?

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Yes, I'm trying to start video.

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Sure.

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There we go.

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All right, Mr. Dean, how are you?

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Could you state your name and spell it for this stenographer?

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Sure.

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Christopher Dean, that's D-E-A-N.

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

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I do.

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Could you identify your client, the relationship to this property?

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My client is Andre Pack, and he is the owner of 922 New Market Street.

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Do you stipulate to the reading and the refusal

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And do you agree with its accuracy

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I do

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um start your screen and start your presentation uh is is my we're saying yeah you're fine okay

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Start your screen and start your presentation

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Is my

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great um good evening everyone um it's my pleasure to present this application for a duplex in an

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rsa5 at 922 new market street upon my client's purchase of this property in 2014 the first floor

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had a pass through to the back but two separate entrances to the property uh one on the rear one

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of the front door. The property is also over 2,400 square feet, so it's a larger side of a

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single-family row home. My client is an immigrant, and this was his first proud purchase in America.

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My client over time, while living at the property, being admittedly ignorant to the requirements in

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Philadelphia, he did add, he ended up adding a bedroom and putting up drywall, making this

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seemingly halfway there, duplex, a full duplex with no basement bedrooms. My client did get

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married and then in 2022, after the first child, my client and his wife who lived at the property

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vacated. So it's when my client sought to obtain a rental license for this additional unit,

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he realized the problem. He had to legalize this use from years past.

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I'm going to run through the exhibits and then I'll have the architect just briefly go over the plans and have my client adopt my testimony.

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So the the aforementioned deed back in 2020, after my client got married, he did this is the vesting deed to the property.

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this is a tax clearance good through january 4th 2025 here's a notice of the refusal

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here is our application for appeal uh followed by the project information form i'm going to run

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through the pictures and when the alex dollar the architect goes to the plans we can slip we can

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zone in on any of the pictures but this is now what is a two unit um a two unit home

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what are you what are you showing us now so these are these are this is but is this the first floor

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second floor this is so this is so there's no basement living and i and i will touch more about

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it in the plans um but this is the each of this is a separate each has a separate kitchen this is

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the front units front units kitchen that bathroom another of the bedrooms on the

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front unit this is the front of the house and you see right here this is the

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actual egress to get into the rear of the property which existed when my

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client purchased it and these are now this is going to be unit this is going

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to be the the second unit bathroom bedroom the is where the trash is stored for both of the units

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the egress to the back and then here's actual internal stairwell to access both units which

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also existed at the time my client purchased the property so i will have mr dollar go through the

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floor plans and the zoning map again there's more pictures on the zone on the actual context photos

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to the zoning map that Alex will explain in a little more detail.

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The neighborhood really supports this kind of use.

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912 New Market Street, they're actually, I showed this as a historical use.

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It's 2015, this became inactive for three units, but that's actually now three condos

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that were built.

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And then you have nine, we have, this is from 2013, three family dwelling approved at the

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property at 930 New Market Street. And just last year at 932 New Market Street, a single family

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was converted to a duplex before this board. 934 New Market Street, there was somewhat historical

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1996 zoning for a four-family dwelling unit. 938 to 940 New Market Street, this is all part of that

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that exhibit that is actually a 16 unit apartment complex um several stores down

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from my client's property and the last 941 new market street also there's a rental active

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rental license for two units um so the new northern liberties obviously has a it's a it's a

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mixed very mixed use there's multiple duplex triplexes and apartment complex in the area but

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But in particular, the new MarketStreet block, the two block radius that my client is on, there are multiple, multiple, multiple uses.

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Why don't you put the architect on and show us how this place is set up, please?

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uh alex dollar if he could alexander dollar if he could be unmuted

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Alex Dollar, if he could, Alexander Dollar, if he could be unmuted.

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they better not to speak i could you state your name and spell for the stenographer

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hello can you hear me i can my name is alexander dollar um a-l-e-x-a-n-d-e-r-d-u-l-l-e-r

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We're a firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed with your presentation.

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And, Alec, if you want me to switch to any of the photos, just let me know.

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Yeah, Chris, can you just, I guess, zoom in a little bit on that?

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Sure.

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So, essentially, we color-coded everything so that it was pretty easy to kind of understand.

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Um, the front unit is essentially a tri-level with the cellar, um, three, three living levels above grade. Um, and then the rear unit is a bi-level unit. Um, as Chris pointed out, the, both staircases were existing.

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This was a rather large home, you know, with the servant stair kind of in the back, historically.

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Essentially, all Andre did was close off kind of the pass through underneath the rear stair and closed off a doorway in the second floor.

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So, Alex, let me ask you this.

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You're telling us what he did, not that you did it?

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no this is how the building exists now and has essentially existed the point i'm saying is

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did you design this for him we did not we've we've documented what is there okay thank you

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um it is two units so there is a rear unit rear one bedroom unit with the large bathroom

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um kitchen living room and then the front unit is existing your first floor we have kitchen and

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living second floor we have a large bedroom third floor we have two bedrooms and a bathroom

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and the basement has kind of a small like uh small space like that can be mixed use

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There is another bathroom in the basement and laundry and everything.

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Essentially, we have explained all the requirements for permitting and legalizing

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and everything that would need to be gone through on the building end,

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assuming that the board would pass and grant this variance.

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and the and the owner andre is willing to undertake all everything to legalize this property

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um so chris this was done by the owner right and now he's trying to legalize what he did

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yes and um when we met with the rco and i will pull up the rco um rco letter they did they did

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give us approval they did just say they'd like to see the building permits um after you know

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Assuming the board would grant us the variance, we've maintained close contact with Larry Friedman at NLNA, and we plan on providing copies of every building permits to legalize the essential adding of the other bedroom and closing up, separating the two units formally.

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And my client does, he has very happy tenants in the property.

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They've renewed.

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They showed up both times.

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We met twice with the RCO.

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They showed up both times to support him, and we're hoping we don't have to displace them if this variance is not granted.

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But we are happy to add any proviso about the building permits, as the RCO suggested.

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And I will just zoom out just to get through to the end to show the RCO letter.

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My client does pay.

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This exhibit is the commercial.

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He's been paying commercial trash fees at the property, too.

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um he pays business taxes at this property um any rental income has been has been reported to the

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irs this was the letter of support and as mentioned that they did have a they the two-unit proposal

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assuming it complies with the philadelphia building code and my client is what is prepared

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to undertake what's necessary knowing that it's going to be up to lni on approvals with the

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building code. And the last was my client's adjacent neighbor. They've been there for over

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20 years. They support the project. They wrote this letter and they showed up at the last RCO

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meeting as well. And these are just the letters, the notices that went out of both the RCO and the ZBA.

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And these are just the letters, the notices that went out of both the RCO and the ZBA.

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Here's the posting.

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And then these remaining 21 pages are all the certificates of mailing.

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So just let me let me.

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So that small alleyway, whatever you want to call it, that's you go down there to get into the back.

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Yes.

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I mean, I can pull that up again.

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there it is so but i'm saying you you come from the front and then go back there correct

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all right questions from the board

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