civus
Hearing video

ZBA Hearing - January 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 29, 20256h 11m

It's a Trinity, right? It is. So I'm just want to make sure you saw it was a guest favorite 4.96.

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and these are some of the inside pictures so the kitchen's in the basement

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and then it has just just a half bath in the basement and then living area on the main level

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and then two bedrooms on the second and third floor with a bathroom so look how i mean you

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can see those steps they're very difficult as a long-term rental it can be done but it's

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you have to find the right the right person okay questions from the board

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you have to find the right the right person okay questions from the board

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yes do you know if there are any other short-term rentals on your block

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um there are julie seda next door um she actually um that one is uh the one where you live in the

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home but i forget what limited lodging she has a limited lodging um permit and then when was like

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so um do you live in the city like how what's your plan for management i do i i i self-managed

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this um so i i do stay in this home occasionally uh i this is this is a home that i stay in i also

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have a home in florida but i also have a home in graduate hospital but my plan is to is to live in

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this house full-time at some point okay okay other other questions from the board had you had the uh

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you've been doing this for you said how long i bought the house in 2021 and i made it a

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airbnb it was right away at airbnb three so three years yeah and again not not one even like a trash

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complaint not one complaint um from the city on record um or no one called me so what was the

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what was the issues at the rcm what did they yeah it was it was strange because when i got off i

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really felt good about it i when i got the the report i was shocked to be honest because i

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I thought even though they had never approved one of these before, I thought we had a really good conversation.

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And I thought I kind of put their mind at ease.

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I think everyone knows here on this call on 13th Street, one street over, there was a shooting at a party at an Airbnb.

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And I think that's fresh in everyone's mind.

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And I remember when I read about that, I thought, man, this is not going to make things easy.

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But, you know, I take a very active role.

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I took a very active role in this right away because I didn't want that to happen.

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um this was something that i took very seriously and i tried to put their minds at ease on that

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um okay i guess it wasn't enough other questions for the board yes um is this um going to be

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one basically one unit like you're renting the whole house is that as the visitor accommodation

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is that how this is going to work yep that's how it would work a lot of times it would be

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if when a family would come to town they couldn't do hotels for a lot of different reasons so this

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was a great alternative for them if they had kids or or it was two families that wanted to travel

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together you know two couples or something like that and you also said that this is historically

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designated is that locally designated it is yeah so i have to follow all the all the rules and had

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two violations when i bought it okay all right thank you questions from our attorney hillary

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emerson not at this time mr chair questions from the audience questions or comments from the

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virtual audience no hands mr chair planning commission

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thank you chairman good morning david vecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rm1 residential

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multifamily zoning at this location. There is no unique physical condition or circumstance that

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would prevent this property from being used in strict conformity with the zoning code.

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A 2020 zoning ordinance passed by City Council, which regulated short-term rentals, did not change

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the basic rule of prohibiting full-time use of a dwelling unit as a short-term rental. This type

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of absentee management, where the owner does not live in the unit, has been illegal since the first

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short-term rental zoning regulations became effective in 2015. What's changed since the

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passage of the 2020 ordinance is that there is now a licensing and enforcement mechanism.

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The City Planning Commission recommends the board deny the proposed use variance for visitor

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accommodation. Thank you. MI 2024-005-637-301 South Camac Street. I vote yes for a temporary

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variance. That expires

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1-28-27.

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Michael Johns, my vote

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is yes with proviso.

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Cheryl Gaston, my vote is yes with

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proviso. Tanetta Graham,

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my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Thank you, sir. You have

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your votes. Thank you.

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Number 16,

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MI 2024

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005

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963

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54 30 to 44 pascal avenue um katrina carter geigert and virtual preventive care services

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um

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will the representative please come on

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they'll be promoted to panelists shortly so there's support from the southwest

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West Philadelphia Consortium of RCOs with a proviso and a letter of unanimity.

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Philadelphia Consortium of RCOs with the proviso, and a letter of unanimous support from Southwest Philadelphia District Services.

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I'm here.

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Hi, could you please turn on your video?

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My video is on.

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Okay, I don't...

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We don't see you.

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Mirror my video settings. I'm trying to fix it now. Trust them. Blur background. Choose video settings. We don't see you.

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i don't know why is your video covered because we see like a white or like you

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oh now it's changing color like it's like something's in front of it trust it

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it's not covered i don't know why it can't see me put it on all yours trust it they can't see

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me put it on all yours hold on i'm going to switch to another computer i don't know why it doesn't

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see me something must be wrong with my camera so why don't we do this i'm going to move on

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we'll come back to you in about a half hour okay okay all right

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Number three, MI 2023-002-401-1941, North 32nd Street.

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Danetta Graham has recused herself from this.

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the attorney is alan knockamson there's a letter of support from strawberry mansion

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community development corporation with two dwelling units

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good morning mr knockamson could you please state your name and spell for the stenographer

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yes alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n do you swear or affirm to tell

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the truth the whole truth nothing but the truth i do our vice chair has a few questions sir

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thank you good morning counsel do you agree to

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weigh the reading of the refusal or stipulate to its accuracy

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i do have you emailed in all the required documents and exhibits that's

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needed to proceed with this case five days in

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advance of this hearing yes i have thank you can we please promote mr

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knockamson to the panelists so he can share his screen

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i think i am now promoting may i share my may i share my screen please

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So good afternoon, or good morning, members of the board, Alan Nockamson of Nockamson

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PC.

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I am presenting 1941 North 32nd Street.

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With me to my left is Jerome James Jr., a member of J&J Real Estate Investments, LLC,

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the owner of the property.

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During my presentation, we will review the notice of refusal, and as the chairman indicated,

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We were originally going to ask for three units for this project, but now we're asking

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for a maximum of two units by way of proviso.

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Because of that concession, we received a letter of support from the Strawberry Mansion

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CDC, where they unanimously supported this project.

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I believe there was another RCO separately, I believe it was Strawberry Mansion Community

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Concerned, that did not support this project.

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But I believe the vote was 11 to 1, and we'll see that from the letter of support.

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Then we'll look at the property history.

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So this property has a long history of multifamily use going as far back as the 1960s.

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So this was a three-family dwelling back in the day.

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And from there, you'll see our next exhibit, our properties within the 1900 block of North 32nd Street.

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We did a count of the amount of active RSA-5 properties on that block.

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there are 36 of them 15 are multifamily in nature many of them are triplexes some of them are duplexes

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meaning that 41 of the properties that are active on that block which are rsa5 properties are

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multifamily in nature so what we're requesting from this board in terms of zoning variance relief

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it's not out of character to what's going on on that block plus the the history of this property

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as well next we'll review maps of the area which include our zoning map as well as the google maps

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of the area photographs of the property in the surrounding area

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Our plans and drawings, our RCO meeting notice, and again, it looks a little bit different than what we usually present to the board, because my client originally was representing himself, and we're trying to take him to the finish line here, especially since he's a corporate entity, or he owns the property, he's a corporate entity.

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our plans and drawings our rco meeting notice um and again

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Then our application for appeal that he filed on behalf of himself, and he transferred the property to a corporate entity since then.

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Our deed to the property, showing that J&J Real Estate Investments, LLC, is the owner of the property.

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And then finally, a certificate of tax clearance.

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Again, at the conclusion of my presentation, I would ask Jerome to hit that button so his mic is live.

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um and you know then be not yet but then you know to be sworn in and then i have a few questions for

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him all right so our notice refusal as you can see we originally asked for three units

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probably it's still appropriate you know for this property because you'll see all the other zoning

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permits for this for this block many of them are triplexes but as can and this property is a history

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of being a triplex but as a concession to the neighborhood they really felt strongly that

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this should only be a duplex and you know that's what we're requesting now by way of proviso

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and again we have a letter of support from the strawberry mansion cdc and in there they

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specifically state that their support is conditioned on it being a duplex and then

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obviously having a responsible trash storage and maintenance plan which he does because these

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were the right side of the twin so all the neighbors all the occupants would have access

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to rear yards so we can store the trash either inside or out and then here you can see the the

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count 11 members affiliated with strawberry mansion cdc were in support of this project

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and then the property history as you can see there's a zoning permit going as far back as 1961

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showing that this is a triplex or was a triplex and then to illustrate you know where what this

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block is looking like on the 1900 block of north 33rd street or 32nd street there are 15 other

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properties that are multi-family in nature so we would be we're reaffirming our position as a

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multi-family property which we have been for since the 1960s so it's not out of character and then

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and by the way this board in july also granted the variance for two family dwelling at 1936

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north 32nd street so this board has heard a similar type of request on this block but i

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have all the rental licenses for all these properties that you saw um on this illustration

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here so uh 1906 07 15 16 19 20 23 27 31 33 35 i think we should okay yeah all right yeah why don't

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All right. Maps of the area. Again, we're not denying the fact that this is an RSA 5 property.

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We have ample public transportation as well, as you can see, on 33rd Street.

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And the photographs of the property, it's a really pretty property that just needs to be invigorated again.

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And that's what Jerome's going to be doing by way of this conversion back to two-family dwelling.

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And again, there should be a twin on the left side of the property.

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So there's like a little breeze away for us on the right side of the property.

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And then this is our proof of posting for today's hearing.

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And then this property has been vacant for the longest period of time.

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Google Street View only goes back to 2007.

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And as you can see, it was a vacant property back then.

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And this is 32nd Street to the right of the property, to the left of the property.

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And then these are our plans and drawings.

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Pretty straightforward.

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This is the first floor.

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so you we have that porch there um you know you'll come into a common vestibule area

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you have a living room uh a kitchen and a dining area and then you have um and then a bedroom in

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the back and then it's a full uh basement down there we took out the egress wells because that

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was important to the community as well so we did take out the egress wells um you know and there

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ramifications for that in terms as you know about allowing us for or not allowing us that bedrooms

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in the basement um and then the second floor you come up um there is a mistake on the floor plans

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i noticed this when i was sitting here but this should not be here this bedroom so you walk up

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you have a common area of floor plan of a of here's really delivery room with the windows

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here's the what would be the dining room a kitchen and then here's one bedroom and then you have

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multiple bedrooms on the third floor it's a bi-level unit and then rco meeting notice again

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a little bit different than what we typically do um it's you know but it's by the law you know he

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he provided notice to 203 addresses.

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provided notice to 203 addresses these

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These are the addresses he mailed the notice to

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for the community meeting.

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This is proof of mailing those addresses.

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And then usually we have the receipt, but he didn't,

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so I just asked him to give me the receipt.

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So ignore the other charges,

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but we just circled the two charges for the mailer.

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And there are applications for appeal

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that Jerome filed originally on his own behalf,

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but then he transferred the property into his limited liability company.

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Project information form, deed to the property showing that he owns the property through his LLC.

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And then finally, his tax clearance certificate. Even though it shows money owed, it's really not

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because it's not owed until March 31st of 2025.

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With that being said, I'm going to stop sharing my screen.

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I would ask that Jerome be sworn in as a witness.

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

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How you doing? My name is your speaker?

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Yes. Okay.

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My name is Jerome Jones.

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That's J-E-R-O-M-E-J-O-N-E-S, Jr.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth?

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i do please proceed counsel yes jerome you heard everything i had to state today about your zoning

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matter yes is it true and correct yes and do you adopt as your own testimony yes thank you

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questions from the board so uh the um applicant doesn't plan to have any uh living in the basement

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correct yeah he plans to have living in the basement you know he'll maybe have a second

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secondary living area but he's not going to have bedrooms down there

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