civus
Hearing video

ZBA Hearing - May 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20242h 44m

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okay chair we have 31 attendees you can proceed as you wish thank you good morning everyone my

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name is bill bergman and i will be chairing this morning's eba hearing with me is our board member

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james snell present chair our alternate board member lebaron leonard palmer from the division

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of development services. Good morning, Mr. Chair. Also present is our attorney, Hillary Emerson,

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and our executive director, Tanya Sunken. Here's our virtual format. Proceedings are being recorded.

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With your participation, you agree to be recorded. The video will be available by contacting

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Tanya Sunken at phil.gov. For a court stenographer, we ask that attorneys and witnesses

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who identify themselves before testifying.

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If you're participating by phone,

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press star 9 to raise your hand

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and star 6 to unmute.

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To enter appearance statement,

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call 267-270-5548.

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Leave your email address

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and the address of the property question.

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Finally, the question box on the screen

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is not for comments or testimony.

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All comments should be directed

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to our Executive Director,

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Thomas Sunken.

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Let's look at this morning's schedule.

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number two mi 2023 007 126 469 irania street hillary fuelborn is the attorney also richard

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demarco is the attorney for the permit holder and leonard reuter is the attorney for the city

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mr chair you can call number five at the same time as well thank you

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Okay. And number five, MI 2024-001-986-463 on Iranian Street, Hillary Fieldborn is the attorney.

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Good morning, Chair. This is Jasmine, and I will be your co-host today.

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Hillary Fieldborn will be coming in as a panelist.

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Good.

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And you can bring in Mr. Reuter and Mr. DeMarco as panelists as well. Thank you.

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Mr. Reuter and Mr. DeMarco will be promoted as panelists as well.

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Good morning, counsel. Could you state your name and spell for the court stenographer, Hillary? Thank you.

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Good morning. My name is Hilary Fulborn, H-I-L-A-R-Y, and my last name is F-U-E-L-L-E-B-O-R-N.

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

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I do.

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Mr. DeMarco, could you identify yourself, please, and spell your name for the stenographer?

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Good morning, Mr. Chairman. Richard DeMarco for the property owner. My last name is spelled D-E-M-A-R-C-O.

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

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Yes.

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Mr. Reuter, is he on?

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Yes.

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He's just fine.

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Oh, there he is.

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Good morning, counsel.

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Could you state your name and spell for the court sonographer?

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Sure, thank you.

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Good morning.

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May it please the board, Leonard F. Reuter, R-E-U-T-E-R, Senior Attorney, City of Philadelphia.

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

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I do.

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Hillary, would you please start?

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I understand we may have a request for a continuance.

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Yes, Your Honor.

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We are, my client and the developer have been having conversations, and it is my understanding

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that this morning they were coming to an agreement, but we do not have anything signed and in

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writing, so I am prepared to ask for a postponement of this hearing.

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Okay.

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Mr. DeMarco?

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Mr. Chairman, good morning.

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My understanding is that Mr. Fitzpatrick did reach out to my client this morning, and

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there's an agreement for Mr. Fitzpatrick to withdraw this appeal. This appeal should be

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withdrawn. These two individuals are joined at the hip in this case because they

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are part of a past subdivision. My understanding

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is Mr. Fitzpatrick, and my client made certain commitments as well,

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Mr. Fitzpatrick has agreed to withdraw this appeal. So this appeal needs to be withdrawn.

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Thank you. Mr. Reuter?

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mr reuter uh the city has no i we have no information or knowledge other than what

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The city has no, we have no

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information.

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uh the board itself has seen through emails this morning so the city has no objection to

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a continuance or however the board wants to handle this so so um we're going to continue this and mr

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demarco this will be obviously continued for the last time and we're going to bring this back with

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whatever the results of this conversations are, okay?

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Thank you, Mr. Chairman.

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I have one question.

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I was not aware the board was hearing two cases

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related to this property today.

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Does this board have on its agenda

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the appeal of the building permit as well?

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Yes.

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Yes.

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All right, I might have a motion on that later.

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All right, thank you.

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Thank you.

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So MI 2023-007-126-469 Arania Street,

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and hold on.

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number five

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lose the chairman yes just give us one minute i seriously have some technical issues

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I'm still here, right? I don't see Leonard anymore or Fuliborn.

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We're trying to get him back, sir.

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Okay. Sorry. I'm wondering how I survived.

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Apologies, counselors.

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No problem.

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Thank you.

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who's our it person this morning is it bill yes i'm here oh wait can you please

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send another panelist link

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to the chair?

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The one that he was using is now asking

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him to update his registration.

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Okay, hold on one second.

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Thank you.

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Thank you.

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Thank you.

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You

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Thank you.

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Thank you.

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Thank you.

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Bill, were you able to send the link?

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Yes, I did.

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I sent you that in the chat.

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I sent you the fact that I sent it in the chat.

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Oh, I'm sorry.

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I resend it, but I did resend the link to it.

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I sent it to here.

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Let me just put that in the chat.

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Make sure that's the right place.

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That's where I sent the link.

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Oh, okay.

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No, that's not the right email.

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That's what's sending it.

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Can you send me back the proper email then?

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No.

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Absolutely.

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Got it.

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Thank you.

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New address link is sent.

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sorry everybody I don't know what happened there

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all right so let's go back here no problem Mr. Chair we can hear you loud and clear

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okay so number two MI 2023 007 126 469 Iranian Street and number five

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MI 2024, 001-986-469 Iranian Street.

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Both cases are continued.

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Both cases are continued.

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Thank you very much.

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Thank you very much.

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Leonard, could you say one?

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Sure.

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So number four, MI 2024-001-545-101, Renard Place.

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Fedefis Isomadonov is the owner applicant.

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Appeal against L&I?

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i believe uh mr is a midenoff is in the audience okay thank you

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he has been promoted to panelists good morning sir could you please state your name it's spelled

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for the Quartz Sonata.

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Sir, you're muted.

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Good morning, everyone.

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Good morning.

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Could you please state your name

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and spell for the Quartz Sonata?

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My name is Firdav Isomedinov.

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Could you spell it, please?

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f-i-r-d-a-v-s-i-s-o-m-i-d-d-i-n-o-v

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

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yes i understand you you want to withdraw this case is that correct yes okay thank you very much

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If I could just, so it's clear in the record, the city has withdrawn its violation because it was written in error, but there doesn't appear to be a way for this board to put like a moot designation.

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So we've asked Mr. Izo Medinov to withdraw his appeal, and he's agreed to do that.

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So that's why, but I just want to clear in the record that we've actually, there is no violation.

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So thank you very much. Thank you very much, Leonard. We appreciate that. So MI 2024 001 545 101 Renard Place. This case has been withdrawn. Thank you, sir.

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Thank you.

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We're going to go to number three, MI 2024, 00161, 5918 Park Avenue.

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Al Nockmson is the attorney.

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This is a resumptive hearing.

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Alan Nockmson has been promoted as Penalist.

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Good morning, Mr. Nockmson.

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Good morning.

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Good morning.

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Could you just state your name, please, and spell it for the court's sonographer?

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Yes, my name is Alan Nockamson, A-L-A-N, last name is Nockamson, N-O-C-H-U-M-S-O-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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So, Mr. Nockamson, this is a resumptive hearing.

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We're going to have an update from the RCO, take public testimony, planning commission recommendation, and a response from you.

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But would you want to start with a quick outline of the case?

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So, yeah, I mean, you already presented the case, but Hillary and I both talk.

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Why don't you just give us a little summary of where you stand?

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All right. So so this this property was approved for a variance in 2015 as a triplex.

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My client took more than enough time to to try to get this up and running.

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And unfortunately, he allowed his permits and approvals to lapse.

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Some minor work was done on the property to convert it into a triplex.

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The property has a history of non-single-family use for this RSA-3 property.

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In addition to the variance granted in 2015, there's a record in 1989 of this property being used as a boarding house with seven rooming units, as well as a daycare in 1987.

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This is a rather large property, a lot size of over 4,700 square feet.

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And my client just wants to continue doing the work legally by way of this triplex.

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Mr. Nockton, what's the rest of the block look like relative to multifamilies?

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So there is signal families here.

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I did look at the city records.

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it looks like 5912 North Park Avenue had a rental license. It's not current of eight units. And

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5902 North Park Avenue has had a rental license of two units, but that is also not current.

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But again, almost 10 years ago, this board, under similar circumstances, granted

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But again, almost 10 years ago, this board, under similar circumstances, granted a triplex for three units.

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The other thing is. Is it functioning as a triplex now?

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Well, they started doing the work and they had to stop doing the work because they needed to, you know, go through this process again.

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I would also say that North Park Avenue, as the chairman may know, is a half a block away from Broad Street.

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So typically, from a planning perspective, you do see multifamily typically close to these commercial borders.

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Thank you. Is there an RCO rep in the audience?

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I have a hand up by the name of Sarita Brown.

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Okay.

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So just to clarify, Mr. Chair, I do see Sandra Broaddus. She's from the RCO. I believe Sarita Brown is the block captain.

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Okay, so why don't we start with the RCO first?

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Okay.

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Good morning, Mr. Chair.

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Can you hear me?

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