civus
Hearing video

ZBA Hearing - September 13, 2023

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

on their property because they stepped out of the room during the presentation given by

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they also stated that badeepsa was at the at the public meeting the public meeting was not

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compliant nor the Allegheny West Foundation filed the zoning code to consult with all RCOs before

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scheduling the meeting. So there were scheduling conflicts that did not have to happen if they had

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followed the zoning code. So we were requesting a compliant meeting because we're getting that

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area right there. There's a lot of trash parking and other problems, even though it's near Broad

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street but those problems don't have to exist if we have more compliance with the appeals for

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switching from single family to multi-family so we are opposed because the meeting was not compliant

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and that the rco coordinator who's just one of the affected rcos were all the same

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did not consult all the rcos before planning that meeting and that's why there was the low

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attendance the the neighbors in the neighborhood the neighbors in the neighborhood many of them

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stated they did not receive a notice we did not receive a notice um so therefore the meeting was

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a mile from the property we give a lot of meetings in that area um for 17th street that is part of

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our neighborhood we're well known around there and we do not give meetings one of the things we do is

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give meetings close to the properties especially around there because there are a lot of senior

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residents around there so um we are opposed to this variance because the way that the applicant

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and also the rco coordinator went about um not complying with the zoning code we don't agree

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with that and also if it's granted um we listed we listed provisos that we're asking for thank

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you thank you for your input we appreciate it is there anyone else in the virtual audience

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there are no further hands mr chair um council did you see the provisos um commissioner

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unfortunately i did not see the provisos no household living in the basement interior trash

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and recycling storage i can't see that we would really object to that commission thank you um

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Anyone else in the virtual audience?

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No further answer, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good morning.

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David Fechter with the City Planning Commission.

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Chair and Board members, the comprehensive plan recommends no change

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to the residential single-family zoning at this location.

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This appears to be a legalization and documentation of an existing duplex.

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The City Planning Commission recommends that the Board

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grant the proposed use variance for two dwelling minutes.

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MI-2023-001-039-2712 North 16th Street. I vote yes with proviso. No household living in basement, interior trash and recycling storage.

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Thomas Holland, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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Thank you, counsel.

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Thank you very much. Number six, MI 2023-003-527-2518-44 Frankfurt Avenue. Mark Feynman is the attorney. Letter of non-opposition from Council Member Squilla.

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and also i believe yes yes mr president hillary um yeah we do have the letter of support now from

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east kensington neighbors association that support was conditional on the applicant working with the

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rco to refine the design of a new trash enclosure and that was accomplished prior to the the letter

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being sent thank you very much mr feyman

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Mr. Feynman is coming back in as a panelist.

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Thank you.

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Good morning, Mr. Feynman.

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Good morning, Mr. Feynman.

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Good morning.

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Good morning, Chair Bergman.

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uh

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

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Yes, good morning.

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Mark Feynman, F as in Frank, E-I-N as in Nicholas, M-A-N, attorney for the applicant.

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And the applicant is Sheikh Yusuf Morhoff and Kathleen, husband and wife.

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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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And our vice chair has just a few questions, sir.

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Yes.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed and required to proceed to this case five days in advance of this hearing?

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Technically, some items were not sent in within five days.

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Most were.

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The items that were not were items that were just recently received, and we made sure that they were sent over.

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All documents have been received and I believe are of record.

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Understood.

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And I believe we did receive the RCO letter as well.

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So please proceed and share your screen.

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Thank you very much.

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the green button on the bottom

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are you able to see anything yet

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no

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mr fineman did you hit share screen i did and i'm looking at that again uh and once you share

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the screen you have to click another button so that it'll come up visible to all the um

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anyone with the link, correct?

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I did that and then done

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and seeing if that's coming up.

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What kind of computer are you using, sir?

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I have a MacBook Pro.

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There we go.

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There's the problem.

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Our technical administrator,

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are you able to assist at all?

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I'm here.

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One moment.

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Thank you, Nikki.

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okay you said you had a macbook macbook pro correct okay and what happens when you hit share

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screen hit share screen it pops up share 25 uh 1844 uh frankfurt avenue document pdf and uh

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people with access uh general access anyone with the link

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okay so those are the options it's giving you correct

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and then i clicked on and

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mr fineman are you in zoom and clicking the green share screen button because it sounds

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like you're hitting the share document button instead let me go back to my

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Bear with me.

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Here we go.

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Is it coming up?

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It should be coming up any minute.

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It says started screen sharing it, but I don't see anything.

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My apologies.

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Okay.

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Why don't we do this?

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Can I give an overview?

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and also reference the uh i think we need i i think we need to see it mr feinman why don't we

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do this why why don't we um why don't we move on and we'll come back to you maybe you can figure

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out in the next 15 20 minutes how to do it is that okay i will try that yes okay all right thank you

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Okay. We're going to move on to number seven. MI 2022, 005-717, 3517 North 18th Street.

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Okay. All right. Mr. Movahill is the attorney for the owner. Letter of support from.

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uh mr movahill is the attorney for the owner letter of support from allegheny west civic

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association based on a request for a triplex they're coming back in as a panel so good

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good morning chairman good morning good morning could you state your name please and spell it for

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the court stenographer absolutely it's leo leo last name movahill ms michael ul vism victor i

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h-i-l-l right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do do you identify your client and relationship to this property

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client is a3 delivery llc on behalf of the company today is travis glover that's t-r-a

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v as in victor is glover g l o v as in victor er and our vice chair has just a few questions sir

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thank you good morning counsel do you agree to weigh the reading of the refusal and stipulate

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to his accuracy yes have you emailed in all the required documents and exhibits that are needed

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and required to proceed with this case five days in advance of this hearing yes i have thank you

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please proceed and share your screen so my screen should be shared right now can everybody see it

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great members of the board my client had initially submitted an application for an h

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a bedroom rooming house for this and after we met with the community organization

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allegheny west civic and discussed with them further what we wanted to do we requested an

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amended refusal for three multi-family with three dwelling units that's why on my screen

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We see a rather lengthy table of contents for purposes of the record.

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We have the refusal of appeal on project information form of page one.

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Our request for leave to amend at 10.

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The letter granting leave to amend at 11.

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Our revised refusal for three dwelling units at 12.

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Area zoning maps at 13.

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Deed at 15.

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Our first zoning meeting notice to neighbors is at 19.

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second zoning notice zoning notice to neighbors is at 22 as we did have two separate rco meetings

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we did receive a letter of non-opposition from the rco that's at 25. our client's commercial

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activity is at 28. tax clearance is at 29. exterior photos and property are at 31. interior photos are

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at 55. our initial plan it says six it was actually eight units all together with six bedrooms that

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at 63 and the revised plans for three units is at 64. so members of the board i'll first just go to

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our revised refusal i'm now showing everybody page 12. so we filed our revised refusal for the

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uses of multi-family three dwelling units in this property it is located in rsa5 district

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showing everybody now page 14 we can see the rsa 5 district indicated in yellow

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there is rsa 3 across the street and when we get to the photos later in the presentation we will

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see that these are large homes with many bedrooms which is why my client is seeking to have this be

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instead of one large single family home simply because it's financially

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difficult to impossible to completely rehabilitate this and rent it out as a single

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family home, have these three dwelling units instead. This is my client's deed.

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That's our first zoning notification letter that went out to the neighbors,

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along with our proof of mailing at page 21. 22 is our second zoning notice for our second meeting,

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along with proof of mailing at 24.

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At page 25, we do have the meeting summary from Allegheny West

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showing that they are ultimately in support of the revised proposal

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for the three-dwelling unit option.

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And at page 26, they go into a little bit more detail about that.

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This is my client's commercial activity license,

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proof of tax clearance,

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These are the exterior photos showing zoning signs as posted with revised refusal.

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This is the porch of the property.

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Directly next to us is a multifamily property, although I'm not sure it's 100% legal.

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On this block, there is already a number of multifamily properties.

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Again, the legality of which we're not 100% sure of, but they do exist.

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Our property is located where I'm indicating with my cursor right now.

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We do have the white door and you can see my zoning sign.

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and for purposes of the record discussing page 34. this is looking at northbound on 18th street we

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can see a corner store the rsa3 properties i discussed across the street at the left of the

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the rsa3 properties i discussed across the street the left of the screen the rsa5 single

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screen the rsa

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family homes where we're proposing to put three units off to the right

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and we're just going to continue in a circle around so we can see the immediately adjacent

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properties looking at page 39 specifically my client has been in expressed direct contact

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with the neighbor who lives at these properties as you can see on the street there is a legal

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off-street parking space here for that owner we have been in discussions with them to ensure that

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none of the tenants are ever going to be using her parking spot or ever blocking her parking drive

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this is looking southbound on 18th

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and now across the street looking westbound

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and back northbound to the corner store.

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Again, this is immediately adjacent property.

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This is down the block. I believe this is a

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some sort of fraternal organization or a church.

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We can see multiple doorbells on property across the street indicating multifamily

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use as well as multiple mailboxes

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on another property down the street indicating multifamily use on the block.

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at page 52 another indication of multifamily showing that it does exist same thing on page 53

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finally page 54 we can see that at the end of the block in this

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particular corner parcel with the turret multifamily

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these are interior photos

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showing some renovation work that has been done on the interior

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Ending at page 62.

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This was the initial plan at page 63.

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I'm just going to I have that in case anybody has questions about the prior use with respect to the bedroom but this is our revised proposal.

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The basement is going to be storage and utilities only.

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First floor is going to be a one-bedroom apartment.

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Kitchen is going to be to the rear, bedroom to the middle along with the bathroom, living room here.

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And then you would go up to the second floor to get to the second apartment, which is to the rear of the property.

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Kitchen is here, bedroom is here.

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It's a one-bedroom unit.

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Then apartment three is a bi-level unit.

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There'd be living space with the bathroom to the front.

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And you'd go up the stairs to get into the second story where you'd have your kitchen, your bedrooms to that parcel, and a larger bathroom as well.

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These are all intended to be for rent.

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My client's going to have storage containers in the rear for trash to ensure that it's not going to be out on the street.

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The neighbors were specifically concerned about that because, as you know, trash in multifamily properties continues to be a concern of neighbors.

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We're happy to take any questions at this time.

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