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Hearing video

ZBA Hearing - May 21, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20255h 4m

for just a very small sliver property, which would complete my client's property line over

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the entire alleyway.

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In connection with the agreement of sale, the party submitted a zoning permit to L&I seeking to move a portion of the western lot line approximately two feet to the west.

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And this is the lot line of 817 Christian Street.

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However, because moving the lot line in accordance with the plan submitted to L&I would leave 825 South Daring Street with a yard depth of 6.35 feet,

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L&I denied the permit application because table 714-7013 requires a minimum rear yard depth of 9 feet.

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However, I know that as its current boundaries stand, which I'll show you, I'll present all this in a moment.

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As it stands right now, 825 South Darien is already non-conforming.

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It has just a little over 8 feet of rear yard depth.

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uh so uh and moreover and importantly by permitting the lot line adjustment and you'll see

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this in the photos as well nothing's going to change um it's very clear it's very evident from

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the photos that both 825 the owners of 825 South Daring Street and the owners of 817

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Christian Street have always presumed that 817 has the entire uh alleyway uh which is and again

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it's this necessity and so that to cure this encroachment is why we're here and requesting

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the variance. So with that, I will just go quickly through our exhibits. The first exhibit I'm going

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to show you is just the property site itself. This is my client's property here, 817. This is

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825. The area in question is just this little doorway alleyway here, which is, I mean, from all

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looking at it objectively, it already looks like it's part of the property. The next thing I'll

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show you. This is just some more photos. This is just a close-up. This is the interior wall

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of that covered alleyway. This is the door from my client's property into the interior door to

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the exterior rear hallway. And as you can see, my client's using it as a utility closet. They've

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always used it as a utility closet. This is a picture of the backyard for 825 South Daring

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Street. This gate right here is actually covering the access that they would otherwise have. And

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And we didn't erect this fence, I believe actually 825 purchased it with the fence already erected.

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So it's always been the understanding by the property owner that 817 actually has this value.

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This is just a plan submitted to L&I.

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I will zoom in here a bit.

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This shows you really how de minimis this request is.

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This area right here is where I'm running my area over here.

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I think it's a little less than two feet.

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As you can see, this is 825. The property line runs over here, extends halfway through that alleyway.

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And what we're proposing to do, what we're asking to do, is simply move that lot line to that wall that I showed you, that exterior wall.

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The next exhibit I'm going to show you is just a notice of refusal, as I stated already.

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By doing this, it will – by doing the lot line adjustment, the rear yard depth will

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be 6.35 feet, but again, it's already a non-conforming property.

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This just shows that both properties are zoned in CMX2.

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This is 825 Dectarion. This is 817 Christian.

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This is the table, which requires the total minimum year of our yard depth of nine feet.

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This is just a letter of authorization from my client as well as Mr. Cleary.

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This letter here is from Mr. Cleary.

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um this is the agreement of sale they are under agreement of sale as they stated previously um

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and this is really the this is the contingency to the agreement of sale is getting the slot line

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adjustment done um this just shows i'm just shooting this to show that that that uh mild

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Mustard is in fact the owner of 817. And that Mr. Cleary, the next exhibit is a deed for Mr.

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Cleary that shows that he is the owner of 825 South Berrien. Last, this is our application

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for appeal, which was filed timely after the notice of refusal was issued. This is the PFI, PIA.

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the notice of refusal was issued um this is the pfi pif excuse me

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this is just the near labor letters showing that we mail finally to all the near neighbor letters

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of the rco um that we sent them by via first class mail uh this is letter non-opposition which mr

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Mr. Chair already noted we have received from Bella Vista Neighbors Association and this is

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a picture of the zoning notice. We put one both on 817 so this fronts 817 Christian Street

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and we also put a notice up fronting 825 South Darien. Both property owners are in tax compliance

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We have a certificate of tax experience.

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And with that, I would like to call my client on to adopt my testimony.

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And both sides are great, right?

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Both sides are great.

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Right.

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And you're bringing both clients on or just the one?

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No, I'm just bringing Mark Vetri, who's a managing member of Mild Mustard LLC.

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Mr. Vetri?

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okay chair and council he is coming back as a panel of short thank you i appreciate it

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there we go hi mr vetri please state your name and spell it for the stenographer please

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Yes, my name is Mark Vettry. It's Mark with a C. V is Victor E.

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CRI.

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All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Please proceed, counsel.

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Good afternoon, Mr. Vettry. Did you observe all my testimony that I just presented to the CBA?

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Yes, I did. And was it true and correct to the best of your knowledge?

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Yes, it was. And do you adopt that testimony as your own testimony?

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Yes, I do. Mr. Chair, members of the board,

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I have no further questions from the board.

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Questions from the board. Questions from our attorney, Hillary Emerson.

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You got a question? Yeah, I just wanted to confirm, has OPA already reviewed

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the new plan

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for the redrawn lot sizes?

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Yeah, the plans they submitted are

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stamped plans. Okay, that's what I thought.

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Questions from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience or the current audience

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here?

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I do not see any hands, Mr. Chair.

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Planning Commission.

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And we work with the Planning Commission.

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The comprehensive plan recommends no change in zoning

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from the existing CMX to

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commercial mixed use. The proposal

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those to adjust lot lines to reflect the existing structures. Non-conforming

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rear yard is an existing condition. The Planning Commission recommends that the board grant

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their class of variance for rear yard setback. Thank you. MI 2025

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000-538-817 Christian Street, I vote yes.

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Michael Johns, my vote is yes.

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Tynetta Graham, my vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you, counsel.

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Thank you, Mr. Chair. Thank you, members.

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Thank you very much.

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Sure. Thank you, Mr. Betrie. Number 11, MI 2025-000-596-1163 South 19th Street, Alok Sokoloff is the attorney.

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We're going to take a five-minute break.

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I should be coming back in as a panel shortly, Mr. Chair.

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Chairman and members, I'm going to have to leave shortly, just letting you know.

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What happened here?

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Okay, Mike.

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Good afternoon again, members of the board.

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Are you able to hear me?

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Yeah, counsel, just for the record, state your name.

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Oleg Sokoloff on behalf of the applicant, Barbara Mosley.

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And what's the name?

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Barbara Mosley.

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I have Kendra Mosley, no?

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I believe it's a, they go by both ends.

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Okay, sure.

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You've already been sworn.

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Our vice chair has just a few questions.

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Sure.

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Good afternoon, counsel.

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Do you agree to read another refusal or stipulate to its accuracy?

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Good afternoon again, Mr. Shahid.

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Yes, I do.

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

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yes yes we have chair uh mr shaheed we do have

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Yes, we have. Mr. Shahid, we do have some additional documents that we would present

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today if the board is so inclined. There are floor plans and some renderings of the property.

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Sure. Anything you submit to the record, please get that in so we can add that to the exhibits.

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But please proceed and share your screen. Thank you very much.

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Mr. Sokoloff, I noticed that there's a letter of support from Point Breeze Community Development

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Coalition. That's correct. And that is this time on this presentation in our exhibit

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package here okay all right so this is for the erection of a new three-story two-family residence

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located at 1163 south 19th street that's basically at 19th and federal um and this this is simply a

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use change to two-family living which is excuse me um prohibited in rsa 5 district

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Great. Ms. Mosley purchased the property in November 2024.

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And I think let me let me go through the additional exhibits and then we can get to the plans as I have Sean Kennedy and Scott Woodruff of Design Blends on the call to answer any kind of technical questions.

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our zoning map here. You can see it's a corner property.

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I don't know. I apologize. I don't know why it does that. Every time I

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change the size, it decides to jump me down to a different portion of the exhibit packet.

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So this is the property here. It is the furthest corner property there. This is 1161.

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One, it is not the entirety of this lot.

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And this is a picture of the property from Federal Street.

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The frontage is on 19th Street

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and the longer portion is on Federal.

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Some aerial views of the property.

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This property has been vacant at least to 2017

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17, as far as I can see from any kind of zoning record or any kind of permit records.

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But given the condition of the site, I believe it's been vacant for far longer.

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We wanted to point the Board's attention to a number of previously granted two-family

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residences in the RSA 5, in an RSA 5 district that are within about a three-block radius

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of the subject property, and here are some of the ones we found.

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So, we found seven properties that have all been granted by the board.

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Our application for appeal.

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Our project information form.

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Ms. Mosley also walked around the neighborhood and obtained a number of signatures from nearby neighbors.

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And I just want to point the board's attention to the specificity with which we currently prepare petitions, outlining exactly what it is that's going to be constructed.

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Also, letting the petition signers know that, you know, plans are available for review and shown plans during the time of request for signatures on this petition.

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Our community notice letter, we met with the community on March 24th of this year.

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As the Chair stated, we did receive a letter of support from Point Breeze Community Development

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Coalition and some things that I just wanted to point the Board's attention to.

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Even the person who was not in support, you know, thought it was a beautiful design.

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and then you can see here people are very happy that the the lot is going to be filled

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and once again people are people in the community are very happy with

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with a non-blighted lot or the idea of a non-blighted lot

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here are our certificates of mailing

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Our proof of tax compliance, you can see no balance for this year or any other years.

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and then our notice posters for today's meeting.

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and then our notice posters for today's meeting.

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And with that, let me go back to at least the Z-level plans to discuss the property

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a little bit, and then I can show some more detailed plans and renderings.

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All right, so as I stated, what we are proposing is, well, let's do it this way.

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So this is a rendering of the property.

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This is a three-story, two-unit, first-floor unit being having an entrance on 19th Street

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and the second-floor unit having the entrance on Federal Street along with a garage and

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a backyard that I'll show in a little bit.

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Sitemap of the property, what I'd just like to point the Board's attention to is we've

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made accommodations for a trash area in the backyard that's going to be accessible through

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either the backyard of the first floor unit or people on the second and third floor unit

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are able to access through the gate that's located here to bring their trash out for trash storage.

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A layout of the unit on the first floor, so you'd walk in, there's the living room, kitchen,

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with stairs going downstairs into the bedrooms.

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This would be a two-bedroom, one-and-a-half-bath unit

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with the half-bath being on the main floor, as you can see here,

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and then the full bath being on the lower level.

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Egress wells outlined here.

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Now, the second and third floor would be a bi-level unit as well.

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and that would be a three-bedroom, two-and-a-half bath.

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All of the bedrooms would be located on the third floor.

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Laundry located within the unit.

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And then the second floor of that unit would be living spaces,

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an additional little office or a utility room.

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Excuse me, not a utility room, but a bonus room, I suppose it's called.

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Some pictures of just design inspirations that were used by design blends to prepare the renderings of this property.

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And you can see that the plans and the proposed design of the unit are very much in conformity with this side doors.

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Elevations here from the front and back, excuse me, back here, front here.

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Side elevation, so the garage door would be located in between the backyard, which has

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the access to the trash area, and the entry to the second and third floor unit.

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A layout here showing the various rooms from a side elevation.

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So once again, as I stated, the walking in on the first floor, you would have the living

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area and then the garage behind the stairwell, bedrooms in the basement.

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With that, if I can bring on Ms. Mosley to adopt my testimony, or if the board has any

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questions for the architects thereafter i'd be happy to bring them on they're both on the call as

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