civus
Hearing video

ZBA Hearing - March 21, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 21, 20231h 30m

Thank you.

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Okay, Chair, we have 25 attendees, and you can start as you wish.

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Thank you.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Also, our Board Member, Thomas Holliman.

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Present, Mr. Chairman.

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And our board member, James Snell.

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Present, Mr. Chairman.

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Morning.

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Also with us is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's our virtual format.

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B-Vice proceedings are being recorded.

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The video will be available by contacting TanyaSunkett at philo.gov.

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For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves

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before testifying. If you're participating by phone, if you wish to testify, press star nine

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to raise your hand and star six to unmute. To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question. And finally, the question answer box

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on the screen is not for comments or testimony. All comments should be directed to our executive

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director, Tanya Sumpton. Let's look at the continuances that we have this morning.

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Number two, MI 2022-007-284-500 to 10 South Broad Street. That case is continued.

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you. Number four, MI 2022-003-964-2236 North 16th Street. That case is continued. Please mark,

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must be tried. And number eight, number eight, MI 2022, 007283, 500 to 10 South Broad Street,

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that case is continued. Is there anyone in the audience who has comments relative to three

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cases I just continued? Good morning, Chair. This is Doreen Blakey, and I will be your co-host this

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morning. Thank you. You're welcome, and I see no hands. Okay. Are there any other requests for

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continuance? I see no hands, Chair. Okay. I have a case with no exhibits. Number five, MI 2022-003-585-1500

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to 30 East Erie Avenue.

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Jazette Moy is the listed applicant.

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This is the third listing.

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I see no hands raised.

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Thank you.

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MI 2022-003-585-1500 to 30 East Erie Avenue.

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I vote to dismiss.

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Thomas Holloman, dismissed

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James Snell, dismissed

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Ishmael Shahid, dismissed

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Thank you

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And number 10

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MI 2022

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003-991

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4076 Spring Garden Street

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Henry Clinton is the attorney for this

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I believe this may be a withdrawal

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Mr. Clinton

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mr clinton is in the audience i'm going to allow him thank you to panelists yes

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mr clinton you've been promoted to panelists

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you should be coming in good morning mr clinton could you state your name and spell please for

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the record sure henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n right do you swear for him to

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tell the truth, the whole truth, and nothing but the truth? I do. Do you have information on 4076

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Spring Orange Street, sir? It's MI2022003991. Right. Yes, sir. And I'm requesting that this

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and I'm requesting that this matter be withdrawn. Thank you. Thank you. So MI 2022-003-991-4076

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matter be withdrawn. Thank you. Thank you. So MI2022003991.

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Spring Garden Street, that case has been withdrawn. Thank you, sir. Thank you, Mr. Chairman. Have a

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great day. Okay. We're going to go to our list. Number one is a reconsideration hearing. MI 2022-006-975-1716

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North Bodine Street. Jennifer Tittenfoss is the attorney.

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Prior testimony to evidence is all going to be included in this case,

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is being considered in the case.

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Ms. Jennifer has been promoted.

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Hi, good morning. Could you state your name, please, and spell for the court reporter?

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Hi, good morning, Chair Bergman. My name is Jennifer Tittenfoss.

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I'm an attorney at Royer Cooper Cohen Bronfeld. Address is 100 North 18th Street, Suite 710, Philadelphia, Pennsylvania.

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Do you swear a friend to tell the truth, the whole truth, and nothing but the truth?

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I do.

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This is a reconsideration hearing. You can start.

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Thank you. Good morning.

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Share your screen.

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I will.

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can you see my screen i can good morning members of the board and attendees my name is jennifer

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tittenfoss i'm the attorney representing the applicant for the properties located at 171618

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north bodine street we appreciate the opportunity to appear here again after returning to the

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community to adjust the proposed project to meet the community's requests we are here with a letter

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of support from our RCO and look forward to working together in development of the project.

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I ask that my submission packet, along with all exhibits, be admitted into the record.

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We are here today requesting a variance to permit this property to be developed as a triplex.

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Originally, our application was for a quadplex, but after communications with this board and our

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community organization, we have reduced to a triplex. This would be a proposed three-story

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multifamily residents with cellar, pilothouse, and roof deck. Total building coverage of 865 square

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feet. Unit one is 1,005 square feet. Unit two is 1,022 square feet. And unit three is 729 square

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feet. Each unit has its own outdoor space. As I mentioned, after feedback from this board and

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the community, we reduce the proposed project to a triplex, and we have support from our community.

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I'm happy to share the exhibits, although I believe that this board and the attendees have

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already seen these materials. But in the event that anyone would like to see the revised materials,

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they're here beginning on page 44 of our PDF, including our signed revised plan,

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proviso plans which were submitted um of course i understand you have a letter of support from

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the council member lazada we have a letter of support from our um uh rco our community organization

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hillary don't we have a letter of non-opposition from council member lazada yes we do okay thank

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Thank you. All right. All right. Questions from the board?

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No, Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission?

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Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission.

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In 2021, the zoning map was amended RM1 at this location.

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Sarah, do me a favor, just mention, spell your name for the court reporter for the record.

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Sure, take your time, that's fine.

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All right, Sarah Bond, S-A-R-A-H-B-A-N-H.

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Right, 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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Proceed.

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Okay.

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In 2021, the zoning map was amended RM1 at this location with the support of the community.

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The appellant has not supported their hardship claim with evidence of unique physical circumstances or conditions of the property.

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The City Planning Commission recommends that the Zoning Board deny the variance.

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Okay.

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So here we go.

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MI 2022-006-975-1716 North Bodine Street.

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I vote yes.

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Revised plans.

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One page.

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One page, stamp by ZBA, March 21st, 2023, maximum two units.

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Stamp by ZBA.

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March 21st, 2023.

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Thomas Hallman, my vote is yes with Proviso.

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James Snell, my vote is yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you.

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Number three, MI 2022-000-479-8917 Revere Street.

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Alan Nockamson is the attorney.

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Recommendation of opposition from the Home Circle Civic Association.

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Applicant has submitted a petition in support signed by approximately 44 neighbors.

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Mr. Nockamson.

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Mr. Nockamson has been promoted.

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

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Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-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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Could you identify your client in relationship to the property?

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Yes.

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So my client is Igor and Dalna Tugluk, the owners of the property, and in the virtual audience with me is their daughter, Olga.

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The Tuglucks are in actually Ukraine right now.

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Our vice chair has a few questions for you, sir.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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have you emailed all the required documents and exhibits to proceed with this case five days in

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advance of this hearing i have thank you please proceed and share your screen thank you

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uh so we're here to present 8917 river street uh which is in the northeast section of philadelphia

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during my presentation we'll review the notice of refusal the correspondence from the home

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circle civic association uh a petition a well circulated petition to nearby neighbors which

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you'll see the petition but also we created a map to show you the the board where those uh people

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live um who signed the petition uh a zoning permit uh showing that we legally uh renovated uh the

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garage area and converted into living space we just asked that you know be allowed to convert

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to the uh property to a duplex um maps of the area photographs of the property are floor plans

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and in our floor plans what you'll see is that uh there's two doors one for each of the units

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uh the doors are above ground uh so there is you know no lower level um uh entry uh to the

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property the property does slope so the lower portion the back portion of it is under is

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somewhat underground, but when you go to the door, front door, it's above ground. So it's a

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safe and responsible way to use this property. Our RCO meeting notice, our application for appeal,

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our deeds of property showing that Igor and Galna Tudluk are the owners of the property and the

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certificate of tax clearance showing that they're good standing with the city of Philadelphia with

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respect to real estate taxes. In the virtual audience is their daughter, Olga. Like I said,

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the um igor um is of poor health he was in the he is in ukraine and ghana is there currently in the

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ukraine as well so they're unavailable um especially given the circumstances what's in

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ukraine so i figured rather than take the chance of them being virtually available i figured i'd

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have over instead um this is a family-owned property um and the intention is to have mom

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and dad to live on the upper level uh and for this their son to live in a lower level um and

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that's the purpose of this duplex uh again uh igor and gama are of older age um and you know

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their son wants to live with them but in a separate unit and that's why they're looking to

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create a duplex here uh this is a rather large lot it's over 3 000 square feet the building structure

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is over 2,250 square feet,

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which would be divided in half.

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So we'll review the drawings and stuff,

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but I think this is a responsible use of the property.

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We have no dimensional variances.

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We're not changing the physical footprint

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of the property building structure at all.

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So we did meet with, again,

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the Home Circle Civic Association.

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They did, you know,

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the people that in attendance

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did voice their displeasure.

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Not a well-attended meeting.

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Only 13 individuals showed up.

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In relation to the hard work that we actually did prior to the meeting, we met with many of our neighbors, you can see we're, you know, there are 42 addresses other than our address where.

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You can see we're, you know, there are 42 addresses other than our address, where address number one, which is in green.

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And then these are all the addresses of the individuals that signed this petition.

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We really did try to focus on people that would be most directly impacted by this property.

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So, and here's the backup signatures, you know, you have their email addresses, so, and or phone numbers, so there could be confirmation of these individuals signing the petition.

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and then here's just a zoning permit showing that we legally converted the garage area

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to living space and then this is just a map of the area showing where we are in on Revere Street

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we're between Brouse Avenue and Bluegrass Road and also between Tremont and Lister

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and then this is just a google map perspective as well and the photographs of the property uh

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it's it's a split level house um pretty standard uh you'll see the entrance right here for which

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would be unit number one which is on the first floor uh map excuse me proof of posting of the uh

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for the here for today's hearing and then here you would see the opening for unit number two

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which is on the lower level it's because of how the house slopes uh the lower level of the opening

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is you know has a front door which is at grade level and then this is revere street to the right

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of the property revere street to the left of the property and then these are our plans and drawings

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simple drawings but you know this was the the steps that were letting led to the second floor

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which is i guess debatable whether it's first floor or second floor but you know you have a

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living room, kitchen, dining room, three bedrooms, and a bath. And then you have this lower level

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unit, which you saw in the rear, which used to be the garage. Basically, you have two bedrooms,

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a living room, and a kitchen. And our RCO meeting notice, we had a meeting some time ago.

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85 addresses were notified of this meeting, listed the addresses, proof of mailing to those

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addresses, our application for appeal that we filed with the CBA, along with the notice of

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refusal, project information form, our deeds of property showing that Igor and Gawna are the

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owners of the property, or Gawna, and our Certificate of Tax Plan showing that we're in good

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standing. With that being said, I would ask that Olga virtually raise her hand so she can be sworn

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