civus
Hearing video

ZBA Hearing - May 20, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 20, 20266h 4m

member of foac investment to adopt my testimony and then i'll also have chris kartikoff available

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he is the architect in the event the board has any questions about design thank you lorraine

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davidson yeah trash storage will be exclusively interior to both of the units there'll be of

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course safety lighting and camera on the exterior and uh front and rear

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they're being promoted to panel thank you

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hello hi could you please state your name and spell before the stenographer hi my name is

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Lorraine Davidson. And spell it, please. L-O-R-R-A-I-N-E-D-A-V-I-D-S-O-N. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do. Counsel? Thank you, Mr. Chair. Ms. Davidson, did you hear my representations today? Yes, I did. Are they true and accurate to the best of your knowledge? Yes, they are. And you adopt it as your own testimony? Yes. Thank you. Nothing further from Ms. Davidson. I do ask that the board

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uh promote mr chris kartikoff um as a panelist in the event there's any questions regarding

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design thank you they declined a request

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okay um can we try one more time please maybe he was confused

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they've required they declined the request so why don't we start vernon and if we need it

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we'll come back and try to yeah that's fine thank you all right questions from the board

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Yeah. What's the depth of the basement below grade?

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This is why I would like to have the architect here to discuss this.

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Do you have the section or the elevation?

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Let me take a look.

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They accepted the request. They're being promoted.

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Could you please state your name, sir?

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Six feet under, Mike.

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Six feet under.

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So six feet under.

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yet another grave six feet under uh why are we removing windows let's let's get the architect

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on yep i mean i i've asked the architect to come so we could talk about design that's

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they've uh they've accepted a promotion they're promoted thank you

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hi sir could you please state your name is spelled for the stenographer

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apologies can everyone hear me we can could you please state your name then spell it for the

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stenographer christopher karakoff it's c-a-r-i-c-k-h-o-f-f do you swear or affirm to tell

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the truth the whole truth nothing but the truth i do council one of you um thank you first i just

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Council, why don't you? Thank you. First, I just want to make a point for the record. I understand Mr. Johns' apprehension in supporting any project that has a rear bedroom which leads to a yard. We are, of course, and Chris will testify to this, amenable to returning with revised plans and a resumption.

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This is what makes

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That said, Chris, the board has asked for clarity on below grade basements, how many feet we've got to six feet.

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I believe Ms. Wynn had a question.

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I don't think it was a hypothetical one.

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Why are we removing windows?

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But if you could speak to the depth of the basement, please, Chris.

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Yes, as you can see in our zoning sheet, we are just over six feet below grade, which is consistent with the block in order to get eight foot ceiling heights.

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Yeah, I understand the consistency with the existing houses on the street.

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However, the existing house on the street didn't have living space in the basement.

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They were used for utilities.

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Once you begin to use the basement for living space, having six feet below the grade with very sort of narrow exit ways becomes problematic and lets in very little light and is not a very habitable living space.

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i think additionally but i just but i just but i just understand why you did it because you're

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matching the the the um the height of the first floor of the the adjacent property so i understand

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what you did i just don't think it works and i think it further is exacerbated by the removal

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of the windows it does look like there are currently two windows at the front and two

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windows at the back that would have allowed light into those spaces and your plans are showing them

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or at least one of them removed in the front and it looked like from the when when verna was going

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through the drawings it looked like they're both removed at the rear and then you're adding in the

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only the egress wells so there'd be this one window in the front and then the two egress wells

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is that correct that's correct as we have it currently shown we do have an opportunity to

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increase the window well if need if if that's the board's preference um uh certainly in the front

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just the way our stairs oriented but i i think there's the issue of how deep it is whether you

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can put a couple more windows we're also yeah and again as i stated we are also willing to return

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to the resumption with revised plans that bring that six feet up yeah i think there's still a way

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to keep the cornice consistent with the adjacent properties if in fact you want to try to do

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something in the basement can you go through the placement plan sure well also mike remember this

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is an existing building so the corner is already there i thought this was new no this was a new

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construction well no no well no it's it's it's a it's a it's a vacant boarded up property currently

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it's a it's just painted and oh i see i had clarification question on that too because the

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refusal says for the erection of attached structure and when i look at the city's map on atlas it

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shows a vacant lot currently i think also it's it's that on on google maps or on google earth

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chris and i think it was an attached structure because of the third floor edition

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which doesn't now appear to be part of this case

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uh chris what's is it a vacant lot currently or is the structure still there the the structure

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has been demoed i believe by the city uh you can ask what i mean that but that's that's that's how

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it was it's thank you thank you for the clarity support point of clarity and that's why the

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refusal reads as though it does yeah so so it's a new construction so you have the opportunity

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yes and it's one of several vacant lots on the block yeah

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so yep if that's if the board does in fact land on wanting us to have a less deep below grade

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it's certainly something we can do with return with a revision and a proviso plan and to mr

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jazz's point we could keep a consistent cornice height we you know we would just shrink likely the

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the windows are on that second floor but keep the keep the corner site consistent so even

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though our ground floor does not align we would we would at least keep that consistency

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okay so why don't we do this one but but for the but for the change after purchase this the two

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family dwelling would be by right thank you okay so why don't we move on here questions from our

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Okay, so why don't we move on here? Questions from our attorney?

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journey.

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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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No hands at this time, Chair.

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Planning Commission, do you want to make a comment now? Because I think I'm going to bring this back.

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Certainly, I'll make a comment now.

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Sure.

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Thank you, sir. Good morning, Board members.

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David Fecto with the City Planning Commission.

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Chairman and members of the Board, the comprehensive plan recommends no change to the RSA-5,

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have residential single-family zoning at this location the city rezoned this neighborhood in

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2023 and a community supported map change at that time this property was zoned RM1 residential

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multi-family this is a majority single-family block face so the city planning commission

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recommends the board deny the proposed use variance for two dwelling units Mr. chair the uh

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just if I may weigh in respectfully uh to the uh with the planning commission I appreciate their

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input as always. I understand they need to stick to the code. They've changed this. This was a

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long-standing RM1 block. As you know, there's more than half a dozen vacant lots on the

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block right now with new multifamily construction. The classification that they changed

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from RM1 to RSA5 since after the purchase of this property has yielded zero single-family

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home construction so the classification although maybe well intended did not yield the results that

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the planning commission nor the community had hoped which is why the community supports this

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proposal thank you all right so i'm going to bring this back so mi2025 007 219 829 brooklyn street

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i'm going to bring this back for resumptive hearing 7 28 26 at 9 30 a.m thank you very much

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Number 12, MI 2025 007355, 1931 West Pashock Avenue, Vincent Dufino is the attorney.

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It is anonymous support from.

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Concerned citizens of Point Breeze.

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They're promoted to panelists here.

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VINCENT ANTHONY ANTHONY ANTHONY DEFINO D-E CAPITAL F AS IN FRANK I-N-O

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

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So help me God.

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Mr. Tofino, could you turn on your video?

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We can't see you.

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Yeah, sure.

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I don't know why it's not working right now.

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And my tech person left to go grab a coffee.

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so okay well we're gonna oh you're here okay hold on one second we're gonna get me on video it's

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good don't smoke coffee would you like me to mr tofino while we're waiting for him to do that

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could you identify your client a relationship to the property sure carlyn messina she's been the

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owner by deed which is here since 2009 on deed but she owned the property since 2006 she's here

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with me today can you put me on video sure sure our vice chair has a few questions for you

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good morning have you um submitted your documents and exhibits five days in advance of this hearing

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yes and do you waive the reading of the refusal and stipulate to its accuracy

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yes all right thank you you can show your screen and proceed once you

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can figure out your tech technology yeah it's crazy it's not working i don't know

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maybe i'll go well we'll hear your testimony we just won't see your uh i can't get where's

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but why don't you do this with your with your presentation can you make it a little larger too

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A presentation, can you make it a little larger too? So that people will be able to say it.

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so that people will be able to say it yeah

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Yeah, I'm working on it now. I don't know what happens.

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Okay, can they see that they said to make it larger.

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And it's not moving soon, just not responding.

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The share screen, it says you are share, you are screen sharing.

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Mr. Dufino, why don't you start telling us about the project as you're doing this?

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I'm Mr. Dufino.

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I think we lost him.

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Mr. Tofino?

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Looks like they're still listed as a panelist, Chair.

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Okay.

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hello I'm Mr. Dufino oh this is Dominic long yes yes it is Mr. Long are you involved in this case

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with passion Cavanaugh no I wanted to testify for it okay well we'll we'll call you we'll

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an opportunity to call you okay we're waiting for mr tofino okay thank you

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video all right your video should be on now

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you want to tell them your computer hello mr tofino yeah i'm back i i don't know

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happen having difficulty um seems to be a little bit i still don't see it

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share let me see here it is here kate you're it's coming up all right let me pull it up yeah

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i think you just scroll on it is it this is hold on that's not it hold on where's the uh wait we

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need to pull the pdf up here it is is it can you see the uh screen now we see the screen we just

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don't see you okay all right so i'm sorry i don't know what happened our vice chair has if you

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already talked to him right why don't you see if you can make this presentation all right so here's

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the deed for the property here uh carlin messina received this property from uh her father's estate

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2006 actually but the deeds 2009 here is the certificate of tax clearance and the

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letter to the community with the proof of mailing and then we get into the

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refusal basically this is CMX 2 and the first floor under CMX 2 has to be used

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for other than commercial um and what we want to do here is put an apartment on on the first floor

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there's the uh notices zoning um that we put in advance of the hearing by more than a month

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and if you look here could you turn that for us so we can yeah sure i need to turn this and i need

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to move. Can you move them over? Okay, good. All right. So

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this is the property here. It's like that little porch front,

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right? Am I correct? Yeah, it has a porch front. And as you

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can see, that's not conducive to handicap accessibility. Right?

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She inherited this property back in 2006. She she second

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floor is an apartment. The second floor is an apartment.

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correct the first floor had been some kind of office commercial right it did the first floor

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was vacant from 2006 to 21 and then she had a yoga studio in there oh and then that lasted

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for about two years so why don't we why don't we turn this one to yeah yeah so you could see

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so why don't we why don't we turn this one too yeah so you can see it's kind of there's a

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commercial area here she owns this property to the left she owns that property too correct she

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owns the property to the right right her brother owns a property a couple doors down so they owned

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basically a lot of the block for a long period of time so let me ask you this do you have drawings

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or what do you have for the first floor for us sure i have this is the first floor here

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these are the pictures i got to turn them around everything's upside down i think all right so you

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kind of see you walk in there's the steps to the second floor and on the right hand side is the

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door to the first floor apartment you go to the picture to the left this is the first floor

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and this is the kitchen area the first floor this is the second floor apartment

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that currently exists in the property here's the surrounding properties as you

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there's 1943 it looks like a duplex there there's a guy in the window you see him 43 and 47 also is

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a duplex so the surrounding area is conducive to duplexes in the area and that's the area and then

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we have the plans here for the first floor the plans yeah sure this is the rendering

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the backyard everything open area is good uh we have enough open area there and then

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this is the largest large this one coming up okay yeah over here

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for us okay so this is the first floor when you walk when you walk into the

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property on if you're facing the building you'll be walking in on the

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left-hand side you'd be walking in here the living rooms here there's a kitchen

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here the bedroom is back here and there's a bathroom towards the rear of

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the property there's also a hallway to the side of the bathroom and bedroom

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that goes out to that backyard so you would have trash storage in the backyard

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of the property then this is the second floor which is not really relevant today but you can

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see the second floor this is the front of the building living room bathroom bedroom and then

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we have our RCO letter of support and point breeze concerned citizens of point breeze and we had

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about 15 people there and it was unanimous and we and they discussed the whole project and

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they were on board with it and they understood that there was no handicap accessibility that

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there's a need for housing in the surrounding neighborhood uh a lot of couple of her tenants

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were there she's they they said basically how she keeps everything in repair and doesn't raise the

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rant too often and um the council uh mr long from the councilman's office dominic long he's here

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with us today uh he was there he witnessed the meeting and he's gonna he's gonna testify

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and um that's basically it so why don't you put your client on have your testimony

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sure and she's there with you right

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huh she's with you yeah try to do

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no it's not working okay all right

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yeah carlin uh this is carlin machine carlin hold on could she please state her name and

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letter is spelled for us yes my name is carlyn messina c-a-r-l-y-n-m-e-s-s-i-n-a do you swear

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or affirm to tell the truth the whole truth nothing but the truth i do counsel hi carlyn

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uh you heard my testimony today yes i did is it true and accurate to the best of your knowledge

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yes it was do you adopt it as your own yes i do questions from the board

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questions from the board this is a one-bedroom on the first floor that's

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