civus
Hearing video

ZBA Hearing - September 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 13, 20234h 57m

Ish is here. We're ready to go.

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And we are recording, Chair, so you can start as you wish.

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Thank you. Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's 330 ZBA hearings. With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holliman.

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Present, Mr. Chairman.

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Our Board Member, James Snell.

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Present, Chair.

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Also present is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sunken. Here's our virtual format.

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Be advised, the proceedings are being recorded.

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The video will be available by contacting tanyasunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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

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and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

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To enter an appearance statement, call 263.

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address and the address of the property in question. The question answer box on the screen

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is not for comments or testimony. All comments should be directed to our executive director,

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Tanya Sunken. Let's look at it this afternoon's list.

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Number two, MI 2022 001 927 6200 Dickens. This case is continued. Number three, MI 2022

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00-44-77-2633 Orthodox Street. This case has been continued. Number five,

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MI 2021 005-086-5900 Harrison. This case has been continued. Number six, MI 2022 005-740

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115 West Lehigh Avenue, that case has been continued.

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Number eight, MI 2022, 005-736-1610 Margaret Street, that case is continued.

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And number nine, MI 2022-001-771-2641 York Street, that case has been continued. Mark must be heard. Are there any questions relative to the cases that we've continued?

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Mr. Chair, I have Lucille Murkowski put their hand raised. I've allowed him to speak.

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Sure. Hi. Could you state your name, please, and spell for the court stenographer?

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Good afternoon. Lucille Mokarski, L-U-C-I-L-L-E-M-O-C-A-R-S-K-I.

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

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Yes.

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What case are you calling about?

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It is 2633 Orthodox, MI-2022-004477.

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I was just wondering if I could ask why it's continued again.

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It's been about three, four times now.

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So we received a request on the 22nd of August to continue this.

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We told the person to come in person.

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I'll double check to see if they're here and we'll go from there.

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Okay.

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But thanks for bringing that to our attention.

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Okay.

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Mr. Chair, this is Hillary. I just wanted to add that it is our understanding from the request for continuance that we received that the applicant is seeking new legal counsel, and that is the reason for the request.

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Okay. Is Michelle Cruz here?

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Mr. Chair, I do not see you in the virtual audience.

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So that case, MI-2022-004-477-2633 Orthodox Street, that case is continued.

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Mark, must be tried.

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Anyone else have an issue relative to continuances?

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No further hands, Mr. Chair.

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Any other requests for continuances?

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have a hand up from a number ending in 6-8-9-6. I've allowed them to speak. Okay. Hi, could you

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state your name, please, and spell for the court stenographer? Hello? Hi. Hello? State your name,

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please and spell for the court

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stenographer? Yes.

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Linda Kazavecchia.

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All right. Could you spell it?

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L-I-N-D-A

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B-A-S-A

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V-E-C-C

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H-I-A

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Okay. Do you swear or affirm,

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tell the truth, the whole truth and nothing but the truth?

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Yes, I do.

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What case are you calling about?

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5900

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Harbison Avenue.

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Mm-hmm.

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I would like to know why that's continued also, please.

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Yes, there has to be the RCO wants additional meetings before that case moves forward.

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Okay.

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Thank you.

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Is there anyone else?

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

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Case number four, MI-2021-004-368-2967, Amber Street.

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No exhibits for Thlisten.

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The past attorney is no longer there.

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There also is a letter of opposition from the council person.

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Fialco Properties is the listed owner.

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This is the fourth listing.

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Mr. Chair, this is Hillary.

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I just want to clarify that 2967 Amber LLC is the listed owner.

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Fialco Properties is the third-party professional affiliated with this application.

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So 2967 Amber is the listed owner.

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no hands chair okay so mi 2021 004 368 2967 amber street fourth listing no one's appeared

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we have no exhibits i vote to dismiss thomas holloman my vote is to dismiss

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James Snell my vote is to dismiss

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Ishmael Shaheen I voted to dismiss

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okay we're going to go to our regular list

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number one

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MI-2022-003-935

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2627

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West Oxford Street

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Raymond Derizio is the attorney

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Mr. DiRizio is coming back into, excuse me, as a panelist chair.

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So the Brewery Town Chargedwood Community Civic Association voted 20 to 1 in support.

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The applicant also provided one letter of support from a neighbor on the block.

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Hi, counsel, could you state your name and spell, please, for the court stenographer?

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Yes. Good afternoon, Mr. Chairman and members of the board.

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My name is Raymond Dorizio, R-A-Y-M-O-N-D.

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My name is Dorizio, D-O-R-I-Z-I-O.

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I represent the applicant in this manner.

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My address is 2 Penn Center, Suite 520-19102.

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

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Yes.

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Will you identify who your client is, please?

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Yes. My client is Kevin Dixon.

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okay and our vice chair has just a few questions for you sir good afternoon council do you agree

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to weigh the reading of the refusal and stipulate to his accuracy yes have you emailed in all the

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required documents and exhibits that is needed and required to proceed with this case yes thank

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you please proceed and share your screen okay if you can bear with me one moment i am just gonna

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Pull up. Sorry about that.

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Okay. I'm here somewhere.

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okay thank you for bearing with me so this is 2627 west oxford street um we have the refusal

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because my client was seeking to um sell retail sale of goods and he was um primarily that was

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the refusal he purchased the property back in 2016 he actually owns the property next door

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i'll show you that this is the once we get to the photos um these are the plans it's a two-story

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property

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i'm sorry so two-story property you'll see commercial space

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go ahead i'm sorry sorry commercial space on the first floor with uh one floor um

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single family dwelling which my client will likely be occupying um this is the uh zoning map

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here are the uh proof of posting of the date that was right on the front of the property

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Proof of posting of the date that was right on the front of the property.

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and these are the two properties

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And these are the two properties to the left is the property at issue.

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You

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My client also owns the property on the right.

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There is multifamily dwellings around.

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Sorry, that's across the street.

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This is the interior of the property.

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He needs to do some work, and that's why we're here to ask for approval.

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This was the notice of the public meeting.

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we have the mailings that were sent out here's the email from an owner of a ceramic shop across

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the street that is a letter of support they own two buildings across the street my client's

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property at issue today used to be an auto mechanic auto body shop he's seeking to sell

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flowers floral arrangements biodegradable balloons ice for parties and actually it's

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fits in, we believe, with the fabric of the community because it's right near the

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Valley Street Arts Corridor. This is a tax clearance, the Valley Street Arts Corridor.

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And we did meet with the community. They expressed support for the project.

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My client will be the owner, the operator of it. Issues with trash. He owns the building next door.

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there's an over overhang in the yard he would store trash there his hours of operation would

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be basically normal business hours likely monday to saturday or tuesday to saturday

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um and basically they're going to do like art arts artsy flower arrangements that will be

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sold um to the community um again there's a pottery store across the street and an art studio

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um my client believe it fits fits in basically with how the neighborhood is going there is some

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multi-family like i said he's going to live on the top floor um my client is here um he would

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adopt my testimony and if you'd like to call them or um we could certainly

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when you want to adopt your testimony

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they're fitting out to speak hi sir could you state your name please and spell for the court

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stenographer kevin dixon k-e-v-i-n-d-i-x-o-n you swear or affirm to tell the truth the whole truth

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nothing but the truth yes sir proceed counsel yes thank you and before i ask my client just

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to let you know as the latter state you know there was overwhelming support only i believe

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one out of 20 one out of 21 members that attended the meeting opposed and people in the community

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are in support at least the neighbors so mr dixon you heard my testimony in my presentation today

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correct yes sir and was it truthful and accurate yes sir and will you adopt that testimony as if

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was your own yes okay i have no further questions questions from the board no mr no chair

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no cares questions or comments from the virtual audience

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i do not see any hands mr chair planning commission this is uh ron bednar city planning

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first name Ron, R-O-N, last name Bednar, B-E-D-N-A-R. Do you swear or affirm to tell the

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truth, the whole truth, nothing but the truth? I do. Proceed, please. In 2014, the zoning map was

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amended to RSA 5, residential single-family zoning at this location, in accordance with

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recommendations from the comprehensive plan. However, the proposed use is consistent with

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the documented previous uses on this property. Therefore, the City Planning Commission

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recommends the uh that the zoning board grant the variance mi 2022-00-3935-2627 oxford street

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i vote yes

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james snell my vote is yes

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Ishmael Shahid, my bodhishez.

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Put a few provisors.

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um council could you identify your client a relationship to this property yes my client is

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Counselor, could you identify your client in relationship to this property?

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herbert brown he is the owner of the property okay and our vice chair has just a few questions

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for you yes thank you council do you agree to wait to the reading of the refusal to stipulate

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to its accuracy i do have you emailed in all the required documents and exhibits that are needed

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to proceed this case bob has been available as hearing yes please proceed you have already

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Thank you. So this is 1514 Wesley High Avenue. My client originally was requesting to have three dwelling units in the existing structure. However, as chairman noted, there are some provisos after meeting with the community organization.

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So this is the deed. My client recently purchased the property.

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These are these are the plans. This is the front of the building. Obviously, it's a three story structure.

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There's a vacant lot next door. The basement, no changes from after meeting with the community.

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He wants to keep the utilities down there, washer, dryer, some storage.

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First floor would be a one-bedroom apartment, and that was our initial request.

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These plans show the second and third floor, which my client was seeking to have two one-bedroom apartments.

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However, after meeting with the community, we've come to an agreement that the second and third floor would be one dwelling unit with two bedrooms.

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And as noted in the provisos, trash will be kept inside until trash day.

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My client's going to vet any potential tenants.

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Here are some of the plans, as you see.

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The property is in dire need of repair.

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At least the inside will be a full rehab.

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And, you know, the vacant lot on the side.

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And even here's a copy of the posting of the hearing that was attached to the property.

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There are multifamilies in the neighborhood.

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This is Lehigh Ave.

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This is directly across the street.

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Again, across the street, just going down the block.

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Another property on a street directly across.

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This is on the same side of my client's property down the street.

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um so no changes to the facade this is the corner store across the street from the property

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these are the interiors the property's basically stripped down to the studs

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um so he's going to obviously redo that this is sorry that's the yard there's a lot of trash and

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that's been a problem there's been you know people dumping and such my client's going to put up a

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fence he's going to make sure everything's cleaned out and do the best he can to make it um nice and

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clean. That's a lot across the street. This is the RCO's letter. Again, my client has no

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opposition. This is agreement with their proposals, no basement living,

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that the tenants fenced in backyard. And also, I believe there was some proposals on what he

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will be charging. There's his tax clearance, proof of mailings are all there. So essentially,

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