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Hearing video

ZBA Hearing - October 9, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 9, 20247h 34m

We still see the same original photo.

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I'm sorry?

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we only see the original photo you put up oh okay let me

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let me get out of here real quick

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there's your pet here's your package right okay

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so that's that's the original um this is this is the d to to the initial property

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It basically was to have 736-738 as one parcel of land.

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So my client basically was able to get the lot subdivided into lot A, B, and C.

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And that's the drawing that showed a lot as it was.

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And he got the permit to get all that done.

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And I believe there's an engineering report here as well from the city for the subdivision.

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for the subdivision. So the subdivision now is an A, B, C lot.

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That's the new description of 736 that was approved by the zoning.

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And this is the D now to 736.

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Counselor, do you have pictures of the property?

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Yes, yes.

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That's the next one I'm getting at.

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Okay.

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Just building already separated into duplexes. Both of them.

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Yes. Yes, they are. And we we have we have the support of the community.

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I'm just trying to show you what.

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okay

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sorry i always got to minimize to share my screen that's it there now okay so that's what it looks

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like now correct okay is that up yeah just better so that's what it looks like now we basically

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maintain the two separate driveways. 738 is on this side and 737 is on the other side.

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They both have their own separate backyards.

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Apartment A is on the first floor. Apartment B is on the second floor.

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well it's a three-story building right

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correct so um apartment two is um takes over the second and the third floor and i believe the

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third floor again my client will speak more to that the third floor is more more as far as um

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access fire escape and everything is back there as well

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And it's the same similar package. This matter was previously scheduled and it was rescheduled. So I'm resubmitted a package that have

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basically given the one letter that covered both 736 and 738.

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And I recently submitted the tax certificate that showed that my client property tax is up to date.

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Do you guys have that in a package or do you want to put that up on my screen?

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just make sure our council has copies of it okay i believe

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this is the letter from from the rco basically saying that um the support letter it's going to

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be for both for both properties is that on the screen commissioner yep okay and these are the

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posting for this meeting. It was posted September 15. Posted again on the 22nd. And I guess the

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last day he took that photograph. It just had today's date on it. And this is the tax

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clearance. And the same package is the book. This one is for 736, 738, 738. 736 has a

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similar package and

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similar attachment.

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How long

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have both

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these buildings been duplexes?

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When my client purchased it, he noticed

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it when he made the

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purchase that it was a

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duplex. The issue came up

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when he tried to get a renter's license

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for a duplex.

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That's when he was told that it was a single lot.

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And actually it wasn't, it was coming up as it was just 736 or 738.

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How long has your owner, how long has your client owned the properties?

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Okay, let me just look at the initial D was received.

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Okay.

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You

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back in 2020 no yeah purchase it back in 2018. thank you

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why don't you bring your client on to adopt your testimony yes

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can you bring your

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Mr. Jaber

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can you hear me

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yes good morning sir

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good morning sir

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could you please state your name

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it's spelled for the court stenographer

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Nader Jaber

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N-A-D-E-R

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J-A-B-E-R

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where or affirm to tell the truth

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the whole truth

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and nothing but the truth

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yes

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please proceed counsel

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Nader good morning

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Good morning.

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Did you hear the presentation I just made to the board?

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Yes.

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Were you adapted as your testimony?

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Yes.

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Is everything that I said, is it accurate and, excuse me, true and accurate?

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Yes.

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Is there anything else you would like to add to the board that you believe might help

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or make a decision?

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No, I think you got everything.

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Okay.

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Questions from the board.

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i'm sorry i um i uh uh i'm having a noise issue out here okay sure all right so um question do

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we have i i saw some steps are there any other interior photos of this well let me go back to

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my first question. Am I getting this correctly that when you purchased this property, it had

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the two addresses and they were already four units within these two properties and that you then

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subdivided the lot so that now you have those same four units, one with one address, 736A,

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another one with the 738. Is that what I'm given to understand from the testimony here?

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Counsel on mute, please. Yes, yes. As you see from the previous picture,

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there were actually two separate houses, two units each. Both units had their own separate

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driveways um but the master d had it as 736 dash i'm sorry 736-38 and once once my client finished

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you know fixing up the property he goes for a rental license and they're looking at the

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the initial deed as as a one unit

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okay so you didn't really answer my question when he purchased it where they're already

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within that 736 through 738 property where they're already four units within correct

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yes i'm i'm sorry board member yes okay all right thank you other questions from the board

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questions or comments from our attorney

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Hillary Emerson

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not at this time Mr. Chair

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questions or comments from the virtual audience

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I see no hands at this time Chair

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Planning Commission

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Amy Boeber the Planning Commission

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so this will be for 736 and 738 Maple Lane

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the comprehensive plan recommends no change

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to the residential single-family RSA 5 zoning at this location.

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The plan has shown that there are unique physical conditions

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or circumstances of the property that would prevent it

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from being used in conformance with the zoning code.

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The City Planning Commission recommends that the Board grant

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the requested variance for two-family household living.

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Thank you.

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So, number eight, MI 2024-000076-736-38

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Maple Lane, Parcel A. And number nine, MI 2024-000102-736-38, Maple Lane, Parcel B. I vote yes for both.

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Michael Johnson, my vote is yes for both.

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Cheryl Gaston, my vote is yes for both.

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Tanetta Graham, my vote is yes for both.

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Iowyn, my vote is yes for both.

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Thank you. Thank you, Council.

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Thank you, members of the board. Appreciate it. Everyone have a good day.

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5458 West

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Burke Street. Vern Anastasio is the

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attorney.

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Vern Anastasio is coming in as

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a penalist.

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Good morning, Mr. Chair.

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Good morning, Counsel. Could you

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please state your name and spell for the court

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sonographer. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of property owner, Mr. Leroy

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Wichett. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do.

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We do not have, at this point, an RCO letter or summary, but we see that the neighbors did

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received proof of the mailings. Do you stipulate to the reading of the refusal

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and do you agree with this accuracy? Yes, sir. Please proceed, sir. Thank you.

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okay

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yeah we're up

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took me a little while for some reason

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5458

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Berks Street is

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a pre-existing

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non-conforming use here

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the history of this property

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is it was converted to a two

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family dwelling 60 years

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ago

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as

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And page 49 of my 65-page exhibit packet clearly demonstrates 1960, went from a one-family physically to a two-family.

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I was not kept up with rental licenses.

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And at some point, the RSA 5 classification went into effect.

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as a result my client purchased this in 2022 when he tried to get a rental license he learned that

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the two-family dwelling was expressly prohibited use and that's when he contacted me to go through

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this process so this is for the legalization of a pre-existing non-conforming two-family dwelling

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I want to try and pull something else up for a moment so you can see.

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Prior to his purchase in 18 months ago or so, he saw this ad.

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This is the MLS listing.

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54-58 West Berks.

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Opportunity for the owner to invest in a multifamily property.

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Right down here, two to four units.

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It is, in fact, a two-unit building.

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You end up purchasing the property for a whopping $280,000.

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So just under $300,000.

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We'll put on evidence and testimony that it's impossible

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to turn this property into a compliant single-family home

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without laying the whole project to waste.

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So with that...

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I'm going to go back to my binder.

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So after seeing the ad, he purchased the property in 2022.

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As I said, he went through the process of trying to secure a rental license.

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And, of course, that is when he found out that the...

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the property was zoned for single family.

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Here is the plot plant for the site plan

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for the existing two-family dwelling.

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And here is the interior layout.

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Again, all existing conditions.

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This is a basement with no habitable space.

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It's just what you have there are the two heaters,

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the two water heaters, the two gas meters, and, of course, the two electric accounts.

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All in there, all pre-existing. The first floor, as you can see here, is a two-bedroom unit.

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And the third floor is, I'm sorry, the second floor is a two-bedroom unit.

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two-bedroom unit.

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I'm going to show you some photos.

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As the plans show, there'll be trash storage underneath the fire escape stairs.

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And as you can see here, there's photo evidence of the two-family dwelling being recognized

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not only by PGW, but PECO as well through the years.

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As I said, the property was purchased for just under $300,000 to convert this two-family dwelling to a single-family home now would lay it to waste.

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And there are really no more bedrooms than there would be if this were a single-family home.

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the community meeting was held rco letter here and my client also provided proof of mailing

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he did this by himself we have the poster and we have proof of posting

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and then we have the history again that shows the long history from 1960 of the conversion

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there are no current violations on the property

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and with that i'm going to ask my client to raise his virtual hand

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bernard could you tell me what happened at the rco meeting i didn't attend the rco meeting my

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client put his presentation on and then the meeting was dismissed uh we don't know their their

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disposition

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sir which it yes how you doing today good could you please state your name and spell for the

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