civus
Hearing video

ZBA Hearing - February 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 26, 20258h 26m

is independent

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from other utilities.

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I get what you're trying to do.

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I think I'm asking you questions

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because you're in this gray area

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where it would trigger

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building permits and this would be considered

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a structure and not, and I think

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we're just trying to understand

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the parameters of it

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so that we can understand what we

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are able to say yes to.

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Yeah, it's like you said,

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it's basically a structure so I can grow.

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You know what I mean?

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And like I said,

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I got just a water catchment system so I can use whatever runoff I can if we get enough rain.

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And then what's anchoring the walls of your greenhouse into the dirt?

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There's two-foot extensions.

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Plus the fact where it's the weight of the walls and it's surrounded by a four-foot fence, it basically can't move.

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I mean, each wall weighs about 200 pounds

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with the longer and everything.

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But I do have, excuse me, rebar

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going down about two feet.

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Understood. Any other questions from the board?

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Any questions?

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Okay.

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Questions from our attorney, Hilary Emberson.

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Not at this time, Mr. Chair.

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Questions from the audience.

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Any questions in the virtual audience?

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Yes, I have a handout from a Camilla Zakin.

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I've allowed them to speak.

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Good afternoon.

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can you please state your name and spell it for the court sonographer? Hi, my name is Camilla

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Zucchini. It is spelled C-A-M-I-L-A-Z-U-K-I-E-N-E. Where to spell the truth, the whole truth,

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and nothing but the truth. I do. Please proceed.

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Good morning. As I said, my name is Camilla Zucchini and I have prepared to speak in full

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support of my neighbor's request to build a greenhouse in his front yard. This is more than

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just a structure. It's an opportunity for growth, both literally and figuratively in our neighborhood.

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On our block, we don't have backyards. The only outdoor space available for homeowners is the

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front yard, using the rear space is not a viable option as it would block the rear exits and

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garage access, posing a serious safety concern in case of an emergency. For homeowners like my

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neighbor, this makes a front yard greenhouse not just a preference but a necessity. It is the only

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way to expand the growing season and space without compromising safety. This greenhouse represents

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self-determination for owner-occupants in this increasingly renter-occupied neighborhood.

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It gives residents a chance to shape and take pride in their space. More importantly, it fosters

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community engagement where already seen how this space has been a gathering place, hosting movie

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nights for the kids sparking conversations amongst neighbors and sharing gardening knowledge this

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greenhouse would build on that foundation offering new ways for neighbors including children to come

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together learn and work toward something positive in in a time when blight is increasing and drugs

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in a time when blight is increasing and drugs are a concern in our corners we need to encourage and

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are a concern in our corner.

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support positive additions to our streets a well-maintained greenhouse is not an eyesore

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it's a symbol of hope and activity it gives us a reason to be outside to interact to counteract

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the growing trend of isolation and suspicion rather than hiding indoors we can be a part

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of something productive and life-affirming. And for my retired neighbor, gardening is more than

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a pastime. It's a lifeline. It's a way to stay sane, stay busy, stay connected.

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This greenhouse is not just for him. It benefits all of us. It strengthens our community,

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beautifies our block, and reinforces the kind of neighborhood we want to have.

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Given the unique challenge of our block, approving this greenhouse is not just reasonable, it's necessary.

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I urge you to support this initiative just as my neighbor is supporting the well-being of our community through this project.

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Thank you.

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Thank you so much, and we will note your support for the record.

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Is there anyone else out there in the virtual audience?

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No, Mr. Chair, no further hand.

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Thank you. We'll go to planning.

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Thank you again, Chair. Michael Gall with the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the RSA-5 residential single-family attached zoning at this location.

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The structure was erected without the benefit of permits.

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The appellant has not demonstrated that the property cannot be used in conformance with the zoning code.

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Therefore, the City Planning Commission recommends the board deny the requested variance for accessory agricultural structure in the front yard.

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Thank you. So what we're going to do is we're going to hold this vote and take this to executive session and see with all of the members how they feel on this actual project.

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And we'll be able to make an announcement. We'll vote on this next week at two o'clock.

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And the record is closed. The record is closed at this point. Thank you so much for all your testimonies.

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Moving on to the next case, MI-2024-006066, 1921 West Norwich Street.

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Daniel Maluxis.

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David, coming back in as a panel shortly.

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good afternoon members of the board good afternoon council please state your name and spell it for

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the court sonographer my name is daniel mclevage my last name is spelled m-u-k-l-e-w-i-c-s and cat

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z's and zebra you swear to tell the truth the whole truth and nothing but the truth

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I do.

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We have, Mrs. Graham is going to have a few questions for you.

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Good afternoon.

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Have you emailed all the required documents and exhibits needed to proceed with this case

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five days prior to this hearing?

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Yes.

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This is a continued matter from the week prior.

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This case was rescheduled from last week due to the Zoom issues that we had.

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oh it's a new it's a new hearing it's not a resumption hearing oh oh it's okay all

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right so do you agree to waive the reading of the refusal and stipulate to its accuracy

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yes i do okay thank you you can proceed and put your presentation up

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Can everyone? Oh, I'm sorry. Let me. Yes, we can see it.

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Can you see the notice of refusal? Is that on your screen? Yes. Okay.

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Members of the board, my client is seeking a variance for the proposed use of a property

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located at 1921 West Norris Street for it as a two family dwelling. The zoning application

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it provides for the erection of a rear third floor addition to an existing attached structure

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for use as a two-family household living. The reason for the refusal was that the use,

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that the property is currently zoned in an RSA 5 district. With the notice of refusal, I also

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With the notice of refusal, I also provided the application for appeal and project information form.

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Attached here, you'll see this is the deed to the property, which best title in my client, Celine Payne, who is here with me today.

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This is a picture. The red building is 1921 West Norris Street, which is nearby in the Temple University neighborhood.

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As you can see, to the right here is a vacant structure. It's a three-story dwelling.

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Currently, its use is as a single family home.

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It's currently vacant at the moment and has been for several years.

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As you'll see here, the blue icon is where the property is located.

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As you can see, the immediate vicinity is all zoned as RSA 5.

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However, when you zoom out, you can see that there are RM1 districts.

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in the surrounding blocks.

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This is an overview from Philadelphia Atlas, which shows the 1900 block of West Norris Street.

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Right here where the pin is, is the property location. As you can see, there's a number of

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vacant properties in the area. This is directly across the street from the subject property.

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As you can see, this row is all vacant property. So my client's intention is to rehab the property

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and put it to good use and get it occupied.

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This is an aerial view of the property.

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And as I previously stated, my client's intention is to

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is for a rear third story addition.

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So as you can see here, the the third floor

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is it it's his intention is to extend this out so that it's in line with the with the second floor

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but however that was just a little details on the on the addition however that was not the

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reason for the refusal. There are other multifamily properties in the in the immediate vicinity.

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Attach I'm showing you here a 1948 North 19th Street and 1950 North 19th Street

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all within approximately half a block from the subject property.

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I believe both are zoned as a two-family dwelling.

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Similarly, down the block, this is a 1949 West Norris Street.

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this is a the bottom floor is a commercial commercial space and this is a two-family

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household on the on the floors above

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previously my client had applied for and was successfully granted a a permit on

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On June 27, 2026, he obtained a use variance to convert the property from a single-family

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home to a two-family dwelling.

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And previously at that time, he obtained the support of the community on the project.

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However, despite the prior approval of the use permit, the permit expired in 2019 before

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my client cemented its intended use. So my client, as you'll hear him state, he's ready,

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willing, and able to proceed with the construction aspect and conversion of the property to a

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two-family dwelling.

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What you what you're seeing here, this is the the zoning plans with the dimensions and proposed elevations for the for the property.

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below are the floor plans and as you can see the so the the first floor plan is the unit one

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has a has a one bedroom living area living space unit two has three bedrooms

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we conducted and we attended the RCO meeting with the beach community organization on January 8th

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at 5 30 p.m. after relaying the details of our projects we did receive a letter of support

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from the Beach Community Services RCO.

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I'm showing you the letter of support

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and also the meeting summary here.

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As you'll see here, this is the zoning notice.

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And as you'll see, this is a timestamp photograph of the zoning notice and board notice of hearing.

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As you can see, it's reflected on the exterior of the property.

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As this was a continued matter from last week, we did receive another zoning notice,

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which which my client which my client posted to the building.

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So this is the updated notice, which my client posted of today's continued hearing date.

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Obviously, we didn't have a substantial amount of time.

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My client posted the notice as soon as he was able.

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and you'll see here this is the certificate of tax clearance for the property

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in summation my client is seeking approval for the use variance which was previously granted

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my client is a contractor who who has other properties within the within the temple university

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A NEIGHBORHOOD. AS I STATED, HE IS READY, WILLING, AND ABLE AND IS ABLE TO EXECUTE ON

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HIS PLAN FOR CONVERTING THE SINGLE-FAMILY HOME TO A TWO-FAMILY RESIDENCE. AND WE SEEK

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THE BOARD'S APPROVAL AND ASK THAT YOU SUPPORT OUR PROJECT.

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thank you i'm going to bring your client on to um test your testimony

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yes uh mr pain are you there

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yes thank you i'm about to speak sir mr pain can you please state your name and spell it for the

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court sonographer saline pain s-a-l-e-m pain p-y-n-a you swear without the truth the whole

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truth and nothing but the truth yes please proceed counsel mr pain did did you hear my testimony today

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regarding uh the proposed project yes um was everything true and accurate to the best of your

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knowledge? Yes. Do you adopt my testimony today as your own? Yes. Okay. I just have a few

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brief topics I want you to relate to the board. Can you tell me a little bit about your background

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as a general contractor? I've done several projects in the area. I own a property right

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across the street that I ran out as well, 1949 Norris Street. I have projects, properties

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a little further down, 2349 North 20th Street in the community. And I've done several other

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projects in other communities as well. Okay. Approximately how many, do you know how many

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Approximately how many, do you know how many properties you own?

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properties you own

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I mean, I flip, I buy and sell a lot. So, I mean, currently probably like 14, maybe.

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Okay. And do you own any other multifamily properties?

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Yes.

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Okay. And can you tell the board a little bit about the proposed project?

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um the project uh is it going to be anything different from what you already know no no okay

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uh we'll move on uh just just briefly uh you obtained a zoning permit uh to use the property

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as a two-family home in 2016. um you know i understand the permit lapsed can you can you

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tell explain to the board why this time would be different um i just the funds are available now

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um back then it wasn't at the time so i was going through a hardship and um i wasn't aware of the um

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the lapse of the uh zoning i didn't know i didn't know it was three years i thought it was a little

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longer but um so we just um resubmitted everything and i'm i'm ready to uh move forward with the

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project okay thank you uh questions from the board yes so with the new addition how are the two units

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going to be laid out across the building i want to say that again let me see thank you yeah and

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And then what is the expected use currently for the basement?

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Mr. Payne, you could speak to that, but as it reflected in the floor plans, you can see that there are no, my understanding is that it will be used for storage and it won't be, there won't be any living space in the basement.

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Is the plan to finish the basement?

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Sorry, I'll let Mr. Payne speak to that.

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Yeah, just not finished as far as living space.

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Just finished storage unit.

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That's like storage for maybe I think the first apartment.

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There's nothing finished as far as living area.

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That requires maybe like underpinning, digging, things like that.

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No.

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no that's not what that requires but the building standing requires the underpinning but

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um it's you answered the question thank you any other questions from the board

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questions from our attorney hillary emerson not at this time mr chair any questions from

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the virtual audience or in the audience.

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Yeah, I have a hand up from Judith Robertson. I have allowed them to speak.

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Mrs. Robertson, please state your name and tell it for the

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