civus
Hearing video

ZBA Hearing - June 5, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 5, 20245h 26m

Thank you.

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Okay, Chair, we have 29 attendees.

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You can proceed as you wish.

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Thank you.

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Good morning, everyone.

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My name is Bill Bergman, and I will be chairing this morning's meeting.

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With me is our Vice Chair, Ismail Shahid.

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Present, Chairman.

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Our Board Member, Thomas Holliman.

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Present, Mr. Chairman.

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Also here is LeBaron Leonard Palmer from the Division of Development Services, who is our alternate board member.

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Present, Mr. Chairman.

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Our attorney, Ryan McSherry, is here, and also our executive director, Tanya Sunkett.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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A video will be available by contacting TanyaSunkett at phillip.gov.

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For our court stenographer, we ask 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 box on the screen is not for comments or testimony.

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All comments should be directed to our executive director, Tanya Sunken.

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Let's look at our schedule this morning.

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Number four, MI 2023-003-683-5021 Woodland Avenue.

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That case is continued at the request of the attorney and also the council person.

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Number six, MI 2023-003-721-241 East R. Matt Street. That case is continued.

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Number 10, MI 2023-005-926-3223 West Berg Street. That case is continued.

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Number 12, MI 2024-000-260-4832-40, North 6th Street.

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That case is continued, Attorney Moving Party.

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And number 13, MI 2024-000-262-5142,

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Y. Ellucing Avenue, that case is continued.

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Are there any other requests for continuances?

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Okay, we're going to move on to several cases that we do not have exhibits.

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Number two, MI 2023-003-649-1614 Porter Street.

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This is the second listing.

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No one appeared for the first time.

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Stephen Jasmishiti is the listed owner.

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CGI Construction Incorporated is the applicant.

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Mr. Jamishti or

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Carl Mattia of CGI

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Construction

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Good morning, Chair

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I see no hands

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So

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MI2023

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003649

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1614 Porter Street

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This is the second listing

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We have no documents

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No one appeared the first time

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I vote to dismiss

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Thomas Holloman, my vote is to dismiss

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Ishmael Shahid, my vote is to dismiss

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Thank you

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Number three

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MI 2023

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003 681

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147 West Luray Street

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This is the second listing

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The applicant was not able to meet with the RCO

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Because he had an emergency

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the applicant is Bromley French

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bromley if you're in the audience please raise your virtual hand

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Bromley if you're in the audience

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i see no hands so number three mi 2023 003 681 147 west luray street this case is continued mark

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must be heard. Number five, MI 2023-003-719-849 North Newkirk Street. Laura Brown is the owner.

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This is the second listing. No one appeared the first time. We have no exhibits. Laura Brown.

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Chair, we have a hand up from a Teresa Holberg.

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Let's see who it is.

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Okay.

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Yes, I am the zoning co-chair for the Fairmount Civic Association.

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I just want to let you know that she never reached out.

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Okay, okay, okay.

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Do me one favor.

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Just state your name for the record, please.

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Okay.

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It's Teresa Holberg, T-E-R-E-S-A, Holberg, H-O-B-E-R-G,

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right zoning co-chair for fairmount civic association thank you do you swear or firm

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to tell the truth the whole truth nothing but the truth i do so this is the second listing

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and your comments are that she never reached out for a community meeting okay thank you very much

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is laura brown in the audience

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good morning mr chair this is jason hand i will be the co-host for today

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Do we see Laura Brown's hand?

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I don't see a hand from Ms. Laura Brown, but a hand is up from Conlon Crossley. Do I have them to speak?

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Sure.

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Good morning, Chair.

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Good morning. Could you please state your name and spell for the course sonographer?

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Conlon, C-O-N-L-A-N, Crossley, C-R-O-S-L-E-Y.

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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, sir.

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Mr. Crossley, this is the second listing.

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We don't have any exhibits and we have not heard from the person yet.

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Do you or do you have a position on this?

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The position of the council office is they never reached out to the RCO.

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And we had to make sure the community was was I heard Miss Hoberg talk earlier.

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I just make it sure somebody was hearing their concern.

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Thank you, Mr. Crossley.

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We appreciate it.

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Laura Brown, we do not see Laura Brown.

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Mr. Chair, Mr. Chair, I believe there was a last-minute continuance request in this matter from Ms. Brown. Let me just pull up the email.

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All right. Thank you. Thank you, Ryan.

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Again, Mr. Chair, I do not see any further hands.

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Yeah, so we did receive an email at 8.13 a.m. indicating that Laura Brown needs to see one of her patients for emergency dental treatment this morning and is unable to attend the meeting.

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Thank you. So, thank you. So, MI 2023-003-719-849-Newkirk Street. This case is continued and is marked must be heard.

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Number seven, MI 2023-003-728-1525R South 12th Street. Jonathan Holt is the listed applicant and owner. No exhibit, second listing.

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Mr. Chair, I do not see any hands for that matter raised in the audience.

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So there are there is a letter of opposition from Council Member Skwula and a letter from Passion Square Civic Association.

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So MI 2023 003 728 1525 R South 12th Street, no exhibit, second listing.

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I vote to dismiss.

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Thomas Holloman, my vote is to dismiss

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Ishmael Shahid, my vote is to dismiss

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Thank you

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And number 17

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MI 2024

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00374

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2228 South 12th Street

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Catherine and Justin Bonner are the owners

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no exhibits first listing

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No exhibits, first listing.

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Mr. Chair, I have a hand up from Richard Bonner.

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I have allowed them to speak at this time.

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Thank you.

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This is Richard Bonner.

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Good morning.

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

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Richard J. Bonner, R-I-C-H-E-R.

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Excuse me, Chair.

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Excuse me, Mr. Bonner.

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You will have to mute one of the devices that's in that room because we're getting a lot of feedback.

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Excuse me.

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Thank you, Fatina.

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Richard Bonner.

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R-I-C-H-A-R-D Bonner, B-O-N-N-E-R.

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

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I do.

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um i understand you want a continuance yes sir okay so this is the first listing

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i'm sorry i'm not sure if let me pass you on to my architect real quick

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no no no we it's from you do you want a continuance

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he should have uh the application and everything do you have the application

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Mr. Bonner, Mr. Bonner, do you want a continuance?

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No.

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Okay, do you want to withdraw?

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No.

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Well, tell me what you want to do, Mr. Bonner.

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Can I pass you on to my architect?

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Well, we need to know where you stand because we don't have any exhibits from you.

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You shouldn't have all the exhibits.

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We don't have your exhibits.

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Okay.

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we'll have to ask for a continuance then uh then i'll have to ask for a continuance

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okay thank you so mi 2024 000 374 2228 south 12th street

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case is continued mark must be heard thank you sir yeah thank you for our add-on list

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MI 2023

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006844

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1709 Christian Street

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this is a request for

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reconsideration

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voting on this will be

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Thomas Holliman also

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and

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Mr. Palmer

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so my vote is yes

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to reconsideration and rehearing. Thomas Holloman, my vote is yes to reconsideration

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and rehearing. LeBaron Leonard Palmer, my vote is yes to reconsideration and rehearing.

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Thank you. So number one on our list, MI 2023-001-046-12066 Abbey Road. Vern Anastasio

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is the attorney. There's a recommendation of opposition from the Mill Creek Civic Association.

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Vote was 37 to 12, and a letter of opposition from Council Member O'Neill. Mr. Anastasio.

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You'll be coming back in as a panelist, Mr. Chair. Thank you.

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Morning, Mr. Chair. Good morning. Could you please state your name and spell for the

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court stenographer? Sure. Vern Anastasio, A-N-A-S-T-A-S-I-O. I represent Evelyn Barrera,

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the owner of Abbey Road. Okay. Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth? I do. Could you identify the, so your client is the owner of

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the property? That's correct. And our vice chair has a few questions for you, sir. Thank you.

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Good morning, counsel. Do you agree to weigh the reading of the refusal or stipulate to its

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accuracy? I do. Have you emailed in all the required documents and exhibits that is needed

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to proceed with this case five days in advance of this hearing? I have. Thank you, counsel. Please

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proceed and show your screen. Thank you.

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okay mr chair we're here for one 2066 abbey road uh which is um a pre-existing

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two-family dwelling because the above-ground basement has been converted before my client's

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purchase to a studio apartment. In this particular case, though, it's not rented. It's for their

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adult child. So what we are proposing is that we have interior access.

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So what we are proposing is that we have interior access for this to legalize what's there.

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They have no interest in getting a rental license, no interest in making this a rental property.

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They just would like to be able to legalize what's there and have internal access so that the adult child can stay in that space.

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We would be happy to submit an affidavit of that to L&I as well.

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But there are several other properties on the block that are operating as two-family dwellings.

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Here's a 12064, for instance, converted right next door, their above-ground basement into a three-family, and there are several others.

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Here's interior photos, and as you can see, there are three electric meters, there are three water heaters.

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There are two furnaces, and this was done, again, prior to my client's purchase of the property.

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and here's some interior shots i also want to let you know that we are submitting um 44 page

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exhibit packet with the refusal the floor plan and the layout the proof of rco notification

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uh we're here for the three-family dwelling and this again is a legalization it was constructed

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as a two-family uh issued in 1978 there was a above ground basement studio conversion

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and then purchased by my client let me pull out here

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the existing mechanicals are in the rear of the basement the studio apartment is here

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and what they're offering to do is to have access between this lower unit and where the family lives

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so that it could be considered instead of a three-family dwelling an accessory unit

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that would be used only by the family.

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These are the other two units.

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