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Hearing video

ZBA Hearing - January 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 8, 20256h 57m

you in favor of this project or against? I am. You're in favor? I am in favor, yes. Thank you

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very much for taking the time to call. Do we have another hand? Yes, there are three hands up. Jenny

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Braun will be allowed to speak. Hi, can everyone hear me? I can. Can you please state your name

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and spell for this stenographer? Jenny, J-E-N-N-I-E, Braun, B-R-A-U-N. Do you swear or affirm to tell

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the truth, the whole truth, nothing but the truth? I do. Are you a neighbor? Yes, I am. Are you in

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favor of this project or against? I'm in favor of the project. Thank you very much. Next hand,

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please. Margo Seifert will be allowed to speak. Hi, could you please state your name and spell

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for the stenographer? Margo? Oh, there we go. Can you hear me? I can. Could you please state your

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name and spell for the stenographer? Margo, M-A-R-G-O, Seifert, S as in Sam, E-I, F as in Frank,

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E-R-T. You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes. Are you a neighbor? I am a neighbor. I live on the opposite block. I also live in a third story home. Our block on Wharton Street is a third story already. And I'm. Hold on a moment. Are you in favor or against this project?

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Definitely in favor. It would not cause any issue in terms of view or anything like that.

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We've had a lot of construction on our block in the past couple of years with no major issues or concerns.

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And we would love to have the family stay in the neighborhood, especially.

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Thank you very much. Thank you very much for taking the time. Next hand, please.

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The next hand is Lauren Ouch will be allowed to speak.

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Good morning.

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Could you please state your name and spell for the stenographer?

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Hi, Lauren Auk, L-A-U-R-E-N, Auk, A-U-C-H.

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Is there a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Are you a neighbor?

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I am.

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Are you in favor of this project or against?

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I am in favor.

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Thank you very much for taking the time to call us.

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Do we have any more hands?

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There are no more hands, Chair.

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Thank you.

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Planning Commission. Thank you, Chairman, and good morning, David Vecto, City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the RSA-5

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residential single-family zoning at this location. The appellant has not shown that not following the

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eight-foot setback provision for a roof deck will cause an economic detriment to accrue.

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The City Planning Commission recommends that the board deny the proposed dimensional variance from

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the eight-foot setback provision for a roof deck. MI 2024, 005-320-1227, Titan Street, I vote yes.

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Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes.

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I am Wynn. My vote is yes.

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I am Lynn, my vote is yes. Snedder Graham, my vote is yes.

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Snedah Graham. My vote is yes.

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Ishmael Shaheed. My vote is yes.

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Thank you. You have your votes.

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Thank you.

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Thank you.

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So number, I believe we're going to number seven.

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MI 2024-004871, 2015 Orthodox Street.

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Henry Clinton is the attorney.

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There's a letter of support from the

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Frankfort Neighborhood Advisory Committee

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The Frankfort RCO

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voted to approve this request

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Henry Clinton is coming

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in as a panelist

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Good morning Mr. Clinton

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morning mr clinton what is suburban all right could you please state your name and spell for

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the stenographer sure uh henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n you swear or firm to tell

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the truth the whole truth is nothing but the truth i do would you identify your client the

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relationship to this property sure my client is gordon kane g-o-r-d-o-n kane c-a-i-n he is on the

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call and we also have the architect greg standeven s-t-a-n-d-e-v-e-n on the call also

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our wife share has a few questions sir good morning counselor do you agree to waive the

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another 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

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that's needed to proceed with this case five days in advance of this area?

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I have, except we flipped the floor plan

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and we sent that in two days ago,

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and I'll show everybody why we did that.

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Okay, thank you.

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Please proceed and share your screen.

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Thank you, Mr. Shaheed.

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Is that visible, Mr. Chairman?

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It is.

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All right.

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Again, good morning, Mr. Chairman.

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Henry Clinton on behalf of Philadelphia Investment Group, which is owned by Gordon Cain, who is on the call.

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This is a request for a four-family dwelling unit adjacent to an existing four-family dwelling unit, which previously was four-family as well as a store in an RSA 5 zoning district on a block where there are other multiple.

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multiple family dwellings. These are my table of contents, A1 through A10, including zoning

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records. You can see that there's other four-unit properties on the block. There's also an American

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Legion post. There's an office, and there's a 9,200-square-foot commercial building.

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Refusal, as I indicated, this is an RSA 5 zoning district, single family. We have three refusals.

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The main refusal is for use because it's multifamily in an RSA 5 zoning district.

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We have two setback issues, which I will explain and show you on the plans why that is a de

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minimis issue, or that's the way the client and the architect and I see it, and hopefully

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the board will see it the same way.

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We do have an RCO letter of support from the Frankfurt Neighborhood Advisory Committee,

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which you referenced at the outset, I believe.

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They support the request.

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Photograph.

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So this is the 2100 block of Orthodox Street.

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This is currently a vacant lot where my cursor is.

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You can see there's other vacant lots on the block.

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And adjacent to the property is a four-story unit, which I'll give you a closer view.

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And then to the right of that property is a large open-air storage space.

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It's overgrown in this photograph, but a subsequent photograph will show you what it looks like.

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This is a closer view.

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Here's the outdoor storage area, existing property, four units, another four unit at the end of the block, two, three, two, three, and then directly across the street, a little bit catty corner.

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It's a 9,200 square foot commercial building, and the American Legion post is in this area.

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Again, a little bit overgrown, but I have other photographs to bring it more into perspective.

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We're looking down or up Orthodox Street.

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Here's the existing building.

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The vacant lot is right here.

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Here's the American Legion post right here to the right-hand side.

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There's a triplex, three mailboxes adjacent to it, a vacant lot.

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And that open-air storage area is where my cursor is now.

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Just looking from the other direction, commercial building to the left, the open-air storage area.

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The commercial building to the left, the open-air storage area to the right, and existing four-family dwelling.

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Again, just some more photographs for perspective.

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You can see that there's six electric meters on the side of this existing building.

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It is being used as four, so I believe there's a meter for the common space as well as for the outdoor lighting, but that's just a guess.

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Closer view.

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proof that there are signs were posted

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in advance of the hearing.

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And here are the plans.

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So I just wanna spend a little bit of time

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to explain to the board what's going on here.

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So when you see the renderings,

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you'll see that we don't have any building

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in the front of our proposed building.

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It's open air.

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And then the building is set back a little bit

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to give more light and air into the building.

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And there's also a passageway underneath the second floor to get to the rear of the building because it is four units and we need to have some exterior trash storage, which we do.

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We'll have a separate fenced in area for that.

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So residents of the building can come out the middle of the building and come down and put their trash in the rear.

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this is just a cutaway view of the property i have unit in the front unit one in the rear

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it's a bi-level and then the third unit's on the second floor the fourth unit on the

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third floor and there is a rooftop deck so this is the building the rendering as i said

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at the outset. The building is set back, which has resulted in two of the refusals, indicating

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that we have a deck coming off the front, the second floor, to give that resident some light

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and air. But it also opens up the whole front of this building and as well permits some light and

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air to come into the building, which is next door. We're still going to maintain the alley that's

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there now. It's about a four-foot alley between our building and the adjacent building. But here

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is the walkthrough where you can get to the rear yard and to the center of the building.

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This might be a better shot of it. You can see there's still the alley that's existing will

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remain and then our building has the walkthrough all the way underneath the second floor to get

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to the yard. This was the original layout with bedrooms in the basement. We have since reversed

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that and I'll show you that layout as I walk through the property. The second and third floor

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has not changed. There's going to be one living unit on the second floor with two bedrooms and

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then one living unit on the third floor, again, with two bedrooms and bathroom, two baths, kitchen,

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living and dining area. I'll go back to the basement and the first floor because that's

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part of my proviso sheet. Rooftop deck. So here's a better rendering on the left-hand side where you

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can see that below the second floor, which is cantilever, you can come out the center of the

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building and then get to the rear yard very easily and also get to the front yard.

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This is our proviso sheet if the board looks kindly upon this.

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And here's the plans for the basement. So this is the basement, bi-level unit, basement of first floor, and bi-level unit for unit one and unit two.

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And the basement's going to be an office in the immediate room with the laundry. There's no bathroom in the basement.

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Excuse me, Mr. Clinton, can you make that bigger, please?

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Sorry about that, Ms. Grant.

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Thank you.

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so the lower drawing or plan is the basement uh it's going to be the meter room in the front of

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the first unit uh some storage office media room and mechanicals and then washer and dryer and

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that same layout is going to be repeated uh in the rear of the building as i said there's a

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there's a set of steps between the basement and the first floor the first floor will basically

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be the living area with the bedroom and kitchen area the remaining documents or the typical

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documents you would see in an application such as this what i want to bring you to

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the tax clearance is in place the zoning map it is an rsa5 directly across the tree from the cmx2

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The deed indicating ownership.

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I just want to walk through the zoning documents.

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If I may, this is our notice to the neighborhood indicating that we mailed out 115 pieces of mail to everyone within 250 feet of the property.

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to everyone within 250 feet of the property and so here's the zoning records and i'll walk through

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And so here's the.

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these briefly um and i'll spend as much time as the board wants me to on any particular address

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but the one i do want to point out is this is 2015 that's our subject property

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and i have records to back this up back in the day it was four units and a store

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So this is 2000 Orthodox, two rental units, 2001, four dwelling units, 2006, American Legion Post, which I pointed out, 2015, excuse me, this is 2008.

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This is for a three-family dwelling.

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2012, this is four units.

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It was four units, two apartments on each floor.

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Then it was switched to an office on one apartment.

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And this is the subject property.

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2015, I was able to find a zoning record from 1961,

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indicating that it was a vacant store with four apartments.

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Then it became a steak shop and four apartments.

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Now, I don't know when the building was demolished.

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I could not determine that.

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And no one at the community meeting was aware of when that happened.

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This is 2017.

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This is the property adjacent to us, four family, which I pointed out, the big white structure.

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Again, 2017, one apartment, two apartments, another apartment.

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So it's four apartments and a vacant commercial.

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So I guess at one time, the first floor of not only our subject property, but the property next door,

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was commercial. I mean, it is across the street from the CMX2 zoning district. And evidently,

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the commercial is then converted to residential on the property next door. And in our property,

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it was simply demolished. Again, 2017, there's an active rental license for four units.

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So that is a presentation. Before I bring my client on, I just want to summarize and say that

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This property is on a street where we have many multiple dwelling units, some commercial, an American Legion post.

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So it is kind of mixed across the street from CMX2 zoning district.

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We are basically in harmony with the code because we are going to keep the property residential, albeit it'll be four units.

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We're hearkening back to what it was used for in the past.

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We're basically in harmony with the code, and we're certainly in harmony with what the neighborhood group wants to see something developed on this particular lot.

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And with that, I'd ask my client to mute himself, and I can ask him a few questions.

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And certainly, I can bring the plans back up.

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I didn't mean to disconnect.

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Hi, Mr. Clinton, what is your client's name?

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Gordon Cain, C-A-I-N.

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Thank you.

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Gordon Cain has been allowed to speak.

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Hey, Mr. Cain, could you please state your name and spell for the stenographer?

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Yes, my name is Gordon Cain, G-O-R-D-O-N-C-A-I-N.

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Where or affirm to tell the truth, the whole truth and nothing but the truth?

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I do.

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