civus
Hearing video

ZBA Hearing - February 11, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 11, 20252h 25m

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Coming. Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing the meeting of the Philadelphia Zoning Board of Adjustment. With me is our board member, Shel L. Gaston. Present, Mr. Chairman. Our board member, Tenetta Graham. Present, Mr. Chairman. Our board member, Taya Nguyen. Present, Mr. Chairman.

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And our alternate board member, Leonard LeBaron Palmer.

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President, Mr. Chairman.

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Also President, is Hillary Emerson, our attorney, and our executive director of the zoning board, Ian Haggerty.

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Please be advised that meetings be recorded, and your participation in this meeting indicates your consent to be recorded.

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The video will be posted on the ZBA website approximately one week following the meeting.

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This meeting is being held in person with remote capabilities, meaning that individuals can participate either in person, at the hearing, in the one parkway building, or remotely over Zoom.

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When you are recognized to speak, the board, please state and spell your name for the court reporter, then wait to be sworn in.

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If you're in the hearing room, you must speak into a microphone so that everyone in attendance, including the court reporter, can hear you.

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If you're participating remotely, please turn on your camera and unmute yourself when you're recognized to speak.

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Once you've been sworn in, please state your name each time before testifying, whether you're in person or remote, so that the court reporter knows who is speaking.

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Please mute yourself or turn off the microphone when you're not speaking.

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If you're participating by phone, press star nine to raise your hand and star six to unmute.

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if you're participating by phone please call 267-270-5548 to register your appearance

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by the close of the business day after the hearing if you must provide an email address

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and the address of the property you are interested in all others can enter their

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appearance through the zoom registration for individuals participating in purpose

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in person, a QR code is available to register your appearance. For assistance, please see a staff

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member at the back of the hearing room. If you have any questions about how to enter your appearance,

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please contact RCOZBA at phil.gov. If you are in the hearing room, please refrain from talking or

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engaging in conversation while the hearings are proceeded. Please note that eating or drinking

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in the hearing room is prohibited in addition verbal and physical aggression will not be tolerated

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if you're participating remotely remember the q a on the zoom platform is not for testimony or

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comments any concerns any concerns related to the hearing operation should be directed

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to the zba executive director at phil.gov before we begin our executive director

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Ian Haggerty has an important safety announcement. Ian?

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Morning, Chair. Good morning, everyone. This is Ian Haggerty, Executive Director.

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The safety of our meeting attendees is our highest priority. In the event of an emergency,

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please pay attention to announcements on the loudspeaker, which will provide detailed

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information. If no announcement is heard, please follow the directions of security officers

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or ZBA staff members. The main exit is through the double doors located at the rear of the room.

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If an order is given to evacuate this room, the nearest stairway is to the left outside the main exit from this room.

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Follow the exit signs to reach the stairway.

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If an order is given to evacuate the building for any reason, the rally point is at Love Park directly across Arch Street from the public entrance to this building.

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Please remain at the rally point so that we can account for you.

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As a reminder, restrooms are located right across from the elevators, and a water fountain is located just outside the double doors to the right.

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Thank you, Chair.

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Thank you.

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Let's look at our schedule for today.

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Number five, MI 2024-004-456-5300-18 Winfield Avenue.

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Tameka McCoy is the attorney.

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Is the counsel in the audience?

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Yes.

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Good morning, Chair. This is Nadia and I'll be your co-

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Good morning, Chair. This is Nadia, and I'll be your co-host today. I see nobody with their

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hands raised by the name of Tamika McCoy. Mr. Chair, we may need to come back to her.

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I know she was running a few minutes late. Okay. So we'll come back to that one. Thank

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Thank you.

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Number seven, MI 2024-006-055, 1832 North Van Pelt Street.

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Mr. Nocklinson is the attorney in this case.

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There's a request from the RCO for a continuance.

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is a member of the RCO in the audience.

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And this case is also connected to MI 2024-006-103-1846, North Van Pelt.

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Good morning, Mr. Chair, members of the board.

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Alan Nockamson of Nockamson, PC.

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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.

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Mr. Nockamson, let me see if I can get somebody from the RCA.

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Is the RCO member present?

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strawberry mansion and community center please accept your promotion as a panelist

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uh yes we're here okay

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good morning

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good morning can you hear me yeah i can could you please state your name and spell for the

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sonographer bonita cummings b as in baby o-n-i-t-a cummings c-u-m-m-i-n-g-s do you

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swear or affirm to tell the truth the whole truth nothing but the truth i do you're requesting

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continuance in this case. Could you give us your reason why? In the meeting, there were three

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matters addressed, 1832, 1846 North Van Pelt Street, and we also heard 1826 North 24th Street,

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which is scheduled for tomorrow, which they did ask for continuance. There was

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concern from the community, and they were requesting that we ask for continuance for

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all of these locations to be able to meet with the councilman's office as well as really

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get their concerns around these locations addressed. So we appealed to the attorney

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in that regard, and they did ask for 1826 North 24th Street, but we were not granted

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an opportunity to support what the community is asking us

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for 1832 and 1846 North Van Pelt Street.

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Thank you.

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Mr. Nockamson.

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Yeah, Mr. Chair, we are always willing, ready, and able

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to work with the community on continuance requests.

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We did join their requests for tomorrow's hearing

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for one of the matters.

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The two matters that are today are rather straightforward.

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One of them, there's already approval

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for a five unit dwelling with building permits we're seeking reduction in the amount of units

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to three units so we're actually asking for a lesser density and then the other property where

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we were asking for four units originally after we heard the community input we reduced that to

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three units to mimic what is you know what we're requesting across the street also there's like

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five or six instances where there are three unit dwellings we believe based on those modifications

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that we made and based on the what is of record right now with one of the properties we feel it's

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appropriate to proceed forward okay we're going to proceed with that we're not going to do it

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right now of course we're going still going through the list all right miss cummings we're

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going to go on with that you will have an opportunity to express your concerns at the

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meeting. Thank you. And number nine, MI 2024-007-402-1409 North 17th Street. That case is

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continued attorney moving party. Number 10, MI 2024-007-403-1441 North 17th Street. That case

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is continued attorney-moving party. And number 11, MI 2024-007-404-1624 Jefferson Street,

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that case is continued attorney-moving party. Are there any other requests for continuances?

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I see no hands in a virtual audience. Okay, we're going to go to number two to start.

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MI 2024-004-4237-2826-28 Belgrade Street, Sean.

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237-2826-28 Belgrade Street. Sean Ward is the attorney.

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Sean Ward on behalf of the applicant S-H-A-W-N last name Ward W-A-R-D.

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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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Yes, I do.

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Our board member, Tannetta Graham, has several questions for you, sir.

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Good morning. Do you agree to weigh the reading of the refusal, and do you stipulate to its accuracy?

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Yes, I do.

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Thank you. You may receive.

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Mr. Chair, I'm going to share my screen.

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And so I want to thank you for your courtesy this morning.

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I'm attending a conference, and they extended me a courtesy to proceed with this hearing.

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Can we confirm that my screen is shared?

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Your screen is up.

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You might want to make it just a little bit bigger.

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Will do.

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Thank you.

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Mr. Chair, yeah, you're welcome.

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Thank you.

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This is my typical exhibit packet that I prepare and submit on every hearing.

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The applicant is Michael French.

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The property is 2826-28 Belgrade Street.

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Calendar number ending in 4237, as mentioned by the chair.

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A1 is the notice of refusal.

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This is an application for a permit for vacant commercial space at the first floor front.

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equipment and material storage garage at the rear, and a three dwelling units, first and second floor, in an existing structure.

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This involves interior renovations only. There are no additions to the subject property.

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Resulted in two refusals, one for the vacant commercial space and for the three dwelling units.

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Accordingly, we seek use variances today. With regard to the vacant commercial space, I spoke with Board Counsel Hillary Emerson yesterday, and we have agreed that the commercial space will be used as a business and professional office.

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Mr. French is a contractor. He will use the rear space for equipment and material storage, and the first floor front will be basically his business office.

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So I know the board does not grant blanket variances for commercial space, so we did have that discussion, but I'll defer to Hillary to advise the board with regard to that.

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um a2 is the zba application of appeal a3 is the uh project information form a4 is proof of

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ownership copy of the deed a5 is tax clearance a6 is the zoning site plan a7 typical floor plans

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uh a8 are photos of the posting subject property to street views and an area of view

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A-9 is the RCO meeting notice and certificate of mailing.

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A-10 is the letter of support from Southport Richmond Civic, which is referred to as SOPO.

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That is attached.

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I believe that was unanimous.

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A-11, if submitted, would be district council person's letter.

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I believe Jen from Councilman Squall's office did submit a letter.

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We have the letter.

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Yeah, I would ask that that be marked as A-11.

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A-12 is the relevant zoning history.

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Going back to 1951, there was a permit for direction of a one-story garage and a two-story addition for a one-family dwelling.

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In 1957 and forward, it was one family and a bakery, and the rear garage was used for storage for the bakery.

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1981, 2826 was a two-family dwelling.

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2828 was a one-family and an electrical contractor and storage garage, which fronts on Miller Street.

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and in 1985 there was another permit confirming the the two apartment use and the storage garage

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and the storage garage a 13 is the zoning map a 14 is the aerial photograph so very quickly um

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A13 is the zoning map.

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let me vote i don't know again mike french uh who is a long life a lifelong resident of fort

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richmond is the owner of the property this property is located located on belgrade street

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just above Somerset, around the corner from, you know,

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which most people in Port Richmond know, Teccanelli's Pizza.

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It's RSA5, but it has the existing mixed uses.

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The existing conditions, it's a newly fully interior renovated

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and front facade restored structure.

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It was configured as a three-family with an office and a garage

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at the time of purchase um one second my cursor's freezing up here um

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okay so he he purchased the property and he renovated interior and he restored the facade

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uh it consists of a commercial storefront commercial garage and warehouse in the rear

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Three one-bedroom apartments.

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Apartment number two is a bi-level apartment.

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All are separately metered.

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All units have new heating systems, washers and dryers in each unit.

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There's a new roof and the second floor roof decks not visible from the street.

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There's new electrical, new plumbing, new appliances.

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All the concrete sidewalks have been replaced.

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And it was actually renovated. He actually renovated the adjacent garage, believing he purchased that, too, much to his dismay.

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So the seller of that of the property did receive a huge benefit by Mr. French renovating the adjacent garage as well.

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um uh as far as the commercial tenant uh at at the time of the meeting uh we didn't have anybody

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identified but mr french has uh indicated that he will occupy the office uh for his current business

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um the the the rear garage has existed for decades and um uh again when we met with

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SOPO, it was

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clearly indicated and

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acknowledged that he was the

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long-time Port Richmond

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resident.

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So, briefly,

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we have the notice of refusal

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from May of 2024,

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the application

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of appeal, project

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information form,

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my transmittal letter, copy of the

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deed from October of

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2022,

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two. There is a tax balance due, but it's not payable until March 31 of this year.

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All other taxes are clear and paid for. This is the site plan and elevation plan.

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Again, properties loaded on Belgrade Street, just above Somerset.

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As you can see in the rear, there's a garage in the rear towards the front of the first floor would be the office space with one dwelling unit, separate entrance for the dwellings, separate entrance for the office space.

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It was raised by Councilman Scuola's office that we install an access door, a man door, right where my cursor is indicating, connecting the office to the garage area.

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Yeah. And I think a lot of the concern was that was dealt with the fact that a lot of times and the board sees them where first floor commercial space is converted into a residential dwelling.

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That that would not be the case here because the space in and of itself is so small and it only has a powder room so that that could never be used as a dwelling unit.

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and on the plane you can see there's a window right you know on this wall so it'd be easy

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enough to put a man door in so that the office space can be directly connected to the commercial

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space in the rear.

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um uh again it's a uh there is a a third floor section uh which is part of uh unit two so it's

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Again, it's a

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a bi-level unit uh we're we're not making any additions to the structure and um and between

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the two of them 28 and 26 they've been used as a three-family dwelling historically so we're not

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We're not creating anything new.

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