civus
Hearing video

ZBA Hearing - July 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 24, 20246h 16m

Some of these weren't discussed.

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The only thing I would say is they provided this limit access to four employees.

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I think that was the number that we raised because that was what we were sort of expecting to get there.

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and they say you know no hazardous items they're a little bit concerned that there could be

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hazardous chemicals in the building I would say to that is that we have no intention of

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storing any you know large amounts of hazardous items in that space or sorry the owner does not

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and any sort of you know we'll go through the process with LNI regarding the certificate of

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occupancy and the inspections that the actual hazard group is a hazardous items themselves

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require a whole different level of building occupancy and requirements than what we're

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planning to seek. This is, which will be essentially a sort of office business type

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space with storage in it. We've included a few zoning precedents. This is, I think,

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four house four four buildings over at 3843 which was a daycare and meeting center on the ground

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floor um which is the previous zoning variance there's also a previous zoning variance just a

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few more doors down at 3839 for a beauty salon uh on the ground floor was with residential above

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uh we've included our project information as well as a tax clearance um at this time

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i would like to request the admission of mr chadwick smith

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mr smith

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they have been allowed to speak sir could you please state your name and spell for the stenographer

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Chadwick Smith, C-H-A-D-W-I-C-K-S-M-I-T-H.

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

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Yes.

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Please proceed, counsel.

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Thank you. Mr. Smith, were you present and were you able to observe and hear my presentation?

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Yes.

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Are you willing to adopt it as true and accurate to the best of your knowledge?

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Yes. Thank you. Questions from the board.

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I have a question. So is this the space where the tenants can come and confer with the management? And if so, what would the hours be for that?

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So this is a space that certainly, and I'll let Mr. Smith address it in more particulars, as we discussed with the community, this is a space where they will be able to drop off rent checks and where they will be able to notify the management.

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I can't speak to what the regularity of it would be, I would assume, probably during business hours with some likely times when no one's present.

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mr smith would you like to elaborate upon that yes that's accurate we would we would interact

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mr smith would you like to elaborate upon that yes that's accurate

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with the community and hours would probably range from eight to six and sundays on weekends to

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times on weekends thank you the questions from the board oh i did um so building services what

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What is the zoning for this area? Is it residential zoning?

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This is RM1 residential, which does not allow retail or commercial uses by right.

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It is a little bit of an odd block.

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I could pull up the zoning if the board would like that.

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Primarily, Broad Street is CMX 3.

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Across the street, CMX 2.5.

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But north of it is similar zoning that all sort of allows or actually requires ground floor commercial or non-residential.

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This is sort of an odd block in that there isn't a uniform commercial component to it, although there's certainly plenty of commercial on this block.

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And definitely across the street is it a Pet Boys or something like that, Mr. Smith?

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Yes.

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Something like that.

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And along this side where this is located, are there any other commercial uses along that block?

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Yes, there are.

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Yes, so this is the building.

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So, you know, one, two, three, four down.

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Well, actually, three down has a zoning history as a daycare and community center.

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Four down, I believe, is a sort of a religious type use.

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And five down currently is a retail clothing sales.

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And so what I saw in there, it looked like there was drywall and something else in there.

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Is that what I was seeing?

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Yes.

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So right now, essentially, it is what would happen pending the granting of a variance, I'm sorry, let me, would be a building permit.

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And that would include whatever is required for the code occupation of this building by this type of business, which is it already has a two hour.

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I'm sorry, I'm not sure what the rating is.

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I think it's a one-hour fire separation from the unit above, complete with sprinklers and separate metered lights, and it has a fire separation from the hallway with a rated door, and it will include, at the very minimum, a bathroom, as well as whatever else is required through the plan review process with L&I.

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and the plan uses for basically storage of building materials and supplies correct yes so

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it's it's the the the i can read the definition it says uses that provide maintenance and repair

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services for all structural and mechanical elements of structures as well as the exterior

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spaces of a premise it lists some typical uses which are sort of janitorial window cleaning

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plumbing things along those lines and this would be for what this would be property maintenance is

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the the business that's looking to use this property maintenance of this building or this

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building as well as other buildings so it will be essentially a business operated by the owner of

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this building. Okay. And how is these materials and supplies supposed to be delivered? And

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what kind of, will there be truck parking and what have you to transport these materials

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to from so I'll let Mr. Smith elaborate upon that we had we had this we certainly had this

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discussion with the community and it's not the intention to you know bring in a hundred windows

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or massive quantities of drywall or that sort of thing it's more like

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samples of material types for selection, the extra screens, sort of the odds and ends,

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ladders, tools, things along those lines.

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That's correct.

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No large deliveries would be planned for this location.

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No large deliveries would be planned for this location.

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It is, just to point out, it is 750 square feet.

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It's roughly 11 feet by 68 or by 69 feet.

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So it's not a space that is sort of conducive to the storage of large amounts of materials,

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especially once it has a bathroom and a sort of small sort of meeting desk area

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that will also need to be in there and are you planning any kind of signage or anything like that

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uh there is no signage on this application um

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mr smith are you planning to apply for any signage in the future

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uh we haven't had that in our plans no

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thank you any other questions from the board questions or comments from our attorney hillary

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members not at this time mr sheriff questions or comments from the virtual audience

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i see no hands planning commission

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john lavacar planning commission the comprehensive plan recommends changing the zoning at this site

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from RM1 to RM4. The proposed use would support the dwelling units and would not have inverse

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impacts. Therefore, there is a hardship, and PCPC recommends granting the variance.

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MI 2024-002-426-3849 North Broad Street, I vote yes with proviso. No storage of hazardous materials.

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my vote is yes

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with Proviso

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Michael Jones

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my vote is

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yes with Proviso

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Teneda Graham

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my vote is

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yes with Proviso

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Joe Gaston

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my vote is

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no

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Iowan

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my vote is

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yes with

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Proviso

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James Snell

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my vote is

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yes with

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Proviso

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thank you

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thank you

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council

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number seven

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MI 2024

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002

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433

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6150 Lancaster Avenue

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David Meidel is the attorney

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Letter of

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unanimous support

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from Overbook West Neighbors, Inc.

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Chair, we have Henry Clinton

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with their hand up.

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What's that?

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We have Henry Clinton with their hand raised.

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Okay, Mr. Clinton.

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Mr. Chairman, I'm not counsel on this case.

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I inadvertently hit it because I heard 67,

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and that's the first two numbers in the case I have later.

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No, I'm sorry about that.

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David Meidel, MITA.

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He's there, Mr. Chair.

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Sorry to see Daniel Meidel.

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Thank you.

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hi counsel how are you sir

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could you unmute

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did he disappear

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no chair he's still there but he's just

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unmuted

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Mr. Meidel could you unmute your phone

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your speaker

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Mr. Maito, it seems that we cannot hear you. Do you mind coming out and coming back in?

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Chair, we also have a John Donatino with their hand raised.

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Okay.

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Should I allow them to speak?

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Sure.

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Let's see if Mr. Meidel's there.

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Mr. Meidel?

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john you have to unmute it please speak mr meidel

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daniel meidel i believe mr diantino is here regarding a case on the 330 list okay

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OK. Mr. Meidel. Why don't we do this? Why don't we come back and call him later? Let's move on to the next one.

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So number eight, MI 2024 002 470 855 North 16th Street.

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Michael McElhenney is the attorney. There's a recommendation of support from the United

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Francisville Civic Association. Vote was 11 in support, 1 opposed.

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Afternoon. Hi, counsel. Could you state your name and spell please for the court sonographer?

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Michael McElhenney, M-C-I-L-H-I-N-N-E-Y.

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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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Could you identify your client, a relationship to the property?

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My client is 2, LLC.

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Its member is Nathaniel Mahone, and the LLC is the owner.

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All right, my share has a few questions for you, sir.

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Good afternoon, counsel.

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Do you agree to weigh the reason of the refusal or stipulate to its accuracy?

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I do.

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

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I have.

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

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Thank you. I'm putting our exhibit packet on the screen.

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I know the board's behind schedule, so I will move through this quickly.

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Just for the record, our zoning appeal is at Exhibit 11.

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Exhibit 12 is our zoning poster posted at the front of the property on 16th Street and on the

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side of the property on Harmer. Our RCO notice is at Exhibit 13. We did meet with United

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Francisville on June 12th and do have a letter of support. My client's deed is at Exhibit 14.

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My clients, Nathaniel Mahone and his wife, Tamika, they've owned this property for over 20 years at

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this point, and they recently, in 2017, put it into an LLC that they control. The tax clearance

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showing a zero balance is at Exhibit 15. And the RCO letter is at Exhibit 1. There were 12 attendees,

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11 in support, one opposed. Exhibit 2 is our refusal. So our application here is to have

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three dwelling units in the existing structure. The property zoned RM1, which allows multifamily

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But as noted on the refusal, you need 1,080 square feet of land to have three units.

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We have 1059, so we're 21 square feet short, which is about, we're off by about 1.9% of

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a buy right third unit.

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I will jump quickly to exhibit nine in our packet, which is my client's current zoning

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permit.

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Back in 2018, we got approved for a vacant ground floor commercial space and two residential

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dwellings on the second and third floor.

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and my client has proceeded to renovate the property

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according to that permit

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and has been unable to rent the commercial space

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which brings us back to our request today

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to rather than have commercial on the ground floor

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to change that into a third residential dwelling unit.

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Exhibit three are maps of the subject property.

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The property's on the southeast corner

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of North 16th Street at Harmer,

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Poplar to the north

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and the Ridge Ave commercial corridor

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is a block away to the south.

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The property and its surroundings are all zoned RM1.

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There's two CMX1 properties.

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