civus
Hearing video

ZBA Hearing - December 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 11, 20247h 26m

Unanimous support from the 42nd Ward, RCO.

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Vote was seven in support.

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Zero opposed.

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Hillary, did we get the photos that we needed?

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um not to my knowledge mr chair so we do need to see proof of posting before we can proceed

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we would need i'd like to see the interior photos right that too okay let's nixon cannot please

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yes um mr chair good afternoon good evening good evening to you could you please state your name

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and spell for the court stenographer.

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Yes, my name is Nixon, N-I-X-O-N,

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Connor, K-A-N-N-A-H.

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I'm here for the property owner,

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Nader Jabbar, 4,800,

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Branham Street.

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All right, do you swear or affirm

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to tell the truth, the whole truth,

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and nothing but the truth?

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Yes, Mr. Chair.

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So, counsel,

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we needed interior photos,

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and we also needed proof of posting.

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And we need to see both of those.

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Okay.

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Can I share my screen?

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You can.

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see the green button on the bottom

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yep here you come you're coming up

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and do you also have interior photos of the property

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I believe, Mr. Nader, yes, I should have some, if it was not in the package, let's see.

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You

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Mr. Chair, I don't believe it's interior photos of the, were included in my package.

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I think you're asking for

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three dwelling units

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we would

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we would absolutely I think have to see the inside of the property

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Hillary do you agree?

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That is your call

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Mr. Chair I believe there's one photo

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looking into the property but other than that

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there were no interior photos in the packet

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and they were requested.

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Counselor, what I think we're going to do

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is we're going to continue this.

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I'm sorry, but we'd like to leave

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the inside of the property, okay?

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Okay.

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And the question would be is to the next time,

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just, I think somebody contacted looking for this.

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Just check with the office.

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They'll make sure you have everything in place

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and we'll get it going, okay?

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Okay, I believe they contacted my client directly

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because I don't remember.

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Okay, all right.

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So then make sure make sure your client knows that he should talk to you and that you definitely because have I received it, I would have I would have gotten I would have been on it.

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OK, thank you very much.

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We'll we'll we'll try to get you back in as quick as we can.

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Thank you, sir.

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Take care.

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Is there anyone in the first audience whose case has not been called?

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I see no hands at this time, too.

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So we're going to take a five minute break and we'll come back and we have a short list.

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OK, thanks, everybody.

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Thanks. Thank you, Chair.

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Good afternoon, everyone.

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My name is Bill Bergman and I will be chairing

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the hearings this afternoon.

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With me is our Vice-Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our Board Member, Kenetta Graham.

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Present, Mr. Chairman.

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Board Member, Michael Johns.

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Present, Mr. Chairman.

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And our board member, Taya Nguyen.

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Also present is our attorney, Hillary Emerson, and our Executive Director of Zoning, Ian Haggerty.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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Video will be available by contacting ZBA Executive Director at phila.gov.

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For a court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question answer box on the screen is not for testimony.

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All questions should be directed to zbaexecutivedirector at phil.gov.

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Let's look at our schedule for this afternoon.

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Number five.

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Number five, MI 2024-002-932-5625 Thomas Avenue.

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Sheen Oliver is the listed applicant.

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There's a request from the council person's office for a continuance in this matter.

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is the appellant in the audience, Siany Oliver.

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I see no one by that name, Chair.

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Okay, we're going to, well, okay.

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So MI 2024-002-932-5625 Thomas Avenue.

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We're going to continue this.

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This case must be heard.

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And then number one, number one, MI 2023, 002-415-1941 East Tioga Street.

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No exhibits, they're listing.

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Is Mr. Clinton in the audience?

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Yes, sir. Henry Clinton has been allowed to speak.

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Good afternoon, Mr. Clinton.

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Good afternoon, Mr. Clinton.

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Good afternoon, Mr. Chair.

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Good afternoon, Mr. Chairman.

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Could you just state your name and spell for the court stenographer?

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Sure. Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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

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I do.

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Mr. Clinton, could you give us an update on this case, please?

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Yes. The client has tried to go to neighbors to get some written support for the project.

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He hasn't been successful, so I realize it's a third listing.

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I'm going to ask if we could have one more continuance, and if we can't produce the signatures, that the case will be dismissed.

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Thank you very much.

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So MI 2023-002-415-1941, East Tioga Street.

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Cases continued.

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Case as marked must be heard.

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Thank you, Mr. Clinton, for calling us.

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Thank you, Mr. Chairman.

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Number four

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MI 2024

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001

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689

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7505 to 07

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Brookhaven Road

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B'nai Israel

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Is the

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Is the applicant

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No exhibit second listing

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No one appeared the first time

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I see no one in the audience

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So this is the second listing.

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No one appeared the first time.

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So MI 2024-001-689-7505-07, Brookhaven Road.

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I vote to dismiss.

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Michael Johns, I vote to dismiss.

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Gerald Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Iowan, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Number six, MI 2024, 004-848, 301 East West Moreland Street.

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Ibi Gray Alizabal is the owner, listed applicant, no exhibits, first listing.

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I see no one in the audience with that name, Chair.

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Okay, thank you. So MI 2024-004-848-301-East Westmoreland Street. Cases continue and mark must be heard.

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We're going to go to our first case. Double check here.

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okay so oh and one more number two MI 2024 001 675 616 North 2nd Street this case has been

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withdrawn number three MI 2024 001 676 1918 East Washington Avenue Devin Upta is the attorney

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In unanimous support from the 50th Ward Executive Committee, nine votes in support.

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Mr. Chairman, if possible, could you go to the next case and come back to me?

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I ran out to move my car in the rain, so I just need five minutes.

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Sure, I'll go to the next case and we'll get you at the end.

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We only have a few cases.

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Thank you.

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Okay. It's number seven. MI-2204-004-857-2112 East Somerset Street. Henry Clinton is the attorney.

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There's a recommendation of unanimous support from the Somerset Neighbors for Better Living and letter of non-opposition from Council Member Squill.

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good afternoon mr clinton good evening rather mr clinton you've already been sworn

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um could you just for the record identify yourself sure henry clinton h-n-r-y clinton c-l-i-n-t-o-n

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did you identify your client the relationship to the property sure my client is valjeta v-a-l-j-e-t-a

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Fonda. F as in Frank

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O-N-D-A. She is the

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owner of the property. And our

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Vice Chair has just a few questions for you,

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sir. Good afternoon, Counsel. Do you agree

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to waive the reading of the refusal or stipulate

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to attack receipt? I do.

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Have you emailed in all the required

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documents and exhibits needed to proceed

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with this case five days in advance of this

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hearing? I have.

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Thank you, Counsel. Please proceed and share your screen.

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Thank you, Mr. Sheehy.

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Is that visible, Mr. Chairman?

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Is that visible, Mr. Chairman?

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It is.

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It is.

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All right.

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Again, good afternoon, Mr. Chairman, members of the board.

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I'm Henry Clinton on behalf of Valgetta Fonda.

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This concerns a property at 2112 East Somerset Street.

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We're asking for a variance to construct a two-family dwelling in a two-story house on a long vacant lot,

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which is adjacent to another long vacant lot on a block that has several vacant lots.

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um and there are other two family dwellings on the block as i walk through my presentation

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i'll explain everything that i just said

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the refusal is for use we don't have any uses with height open space rear yard uh it's simply one of

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use that this is an rsa5 zoning district and a two-family dwelling is not prohibited in this zoning

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district. We do have an RCO letter of support, as the chairman mentioned at the outset. And I just

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think it was a tacit acknowledgement that this lot and maybe several others on the block are

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going to sit if single family homes are proposed, because there's about 30 homes on the block,

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16 are between market value of $130 to $170, the highest priced house on the block. Again,

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not to be demeaning. It's just a statement of fact is in about 217,000. So I think that's one

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of the reasons why there hasn't been any development on the block in some time.

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Here's photographs, an aerial photograph to give you perspective.

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Maybe I have to shrink this a little bit.

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That's still visible enough, Mr. Chairman?

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Yeah, we see.

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Yep. So you can see there's we're at 2112, 2110 is vacant. 2114 is a duplex. And there's another duplex on the block that I'll show you at the end. A couple of vacant lots across the street. This is a club of some type. Really, the neighbors really weren't sure what type of club it is. But it is some type of a club. They have a huge parking area in the rear.

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This is looking down the block, and here's a club I just pointed out from the aerial view.

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Vacant lot on the right, two vacant lots.

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This is looking the other perspective.

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Property is where I have the black line.

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