civus
Hearing video

ZBA Hearing - December 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 13, 20236h 13m

Tom?

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Mr. Holloman?

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we lost some chair i'm not able to see him on the phone all right so hillary uh ish got off

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the phone a minute we're gonna have to hold this vote am i correct we're just gonna have to until

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we have mr holliman back just pause hearings period so we have our quorum all right i'm happy

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to wait for mr holliman for a bit um chair um let me see where he's at

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excuse me mr chairman can you hear me now

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excuse me mr chairman we can't we can't tom we need a we need your vote on this matter

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okay i didn't hear what okay um okay so so it's 71 35 caster avenue it's uh a duplex

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planning is in favor of it i voted yes mr snell voted yes thomas holliman my vote is yes

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thank you counsel thank you all right hey tom just so you know uh ish had a step off the phone

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so the next one could you do the follow-up for me too please no no problem all right so mi2023

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002 907 2914 west gerada avenue vernon anastasio is the attorney

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There's no letter from an RCO, but there was a meeting held on 12-7-23.

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there's no letter from an

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There's also a letter of support from the Lower North Philadelphia Community Development Corporation.

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Excuse me, Mr. Chair. Mr. Harry Cook will be promoted as a panelist. He'll be coming back in soon.

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Sure.

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Yes, Mr. Chair.

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I believe Mr. Anastasia is out of town right now, so the case is marked for him.

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Mr. Cook will be handling.

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Good morning, Mr. Cook.

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

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Yes, good morning, Mr. Chairman.

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Harry Cook, H-A-R-R-Y-C-O-O-K.

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Let me get my camera going.

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Okay.

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All right, good.

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

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I do, Mr. Chairman.

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And as a point of order, I have two legalization cases with a community support very similar to each other in context that I think will go quickly.

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We do have a letter of support for the incident.

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For 2914?

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We do, from Fairmount Civic Association.

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21 in favor, zero opposed.

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Okay.

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All right.

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

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Sure.

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Not our vice chair.

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Board Member Holliman.

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Good afternoon, counsel.

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Good afternoon, Mr. Holliman.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes, I do, sir.

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Did you email all of the exhibits and documents as required five days in advance of this hearing?

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Yes, we did, sir.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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So, Mr. Chairman, members of the board, I'm here presenting on behalf of Fairmount Community

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Development Corporation. They are the applicant here at 2914 West Girard Avenue. Their intent

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is to operate their community development corporation on the first floor, host community

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meetings, serve as an entrepreneur incubator. They are a well-established CDC in the neighborhood,

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and this will be a new location for them. They purchased the subject property in the spring of

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2023. They inherited two tenants in the second and third floor units. The first floor was a

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daycare center. Most recently, this board granted use in 2015 for a daycare center,

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residential on the second floor, and vacant residential on the third floor.

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My clients went to apply for rental licenses as good citizens, and they were told that the

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uses were not in order any longer. So I want to start with just an overlay.

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The subject property is outlined in blue. This is from Atlas. As you can see, we are right on

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Girard Avenue. There is commercial mixed use on the block at the end caps, and we are adjacent

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to RM1. This property, as far back as 1948, was a three-unit apartment. So we have a pre-existing

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non-conforming structure that is incongruent with RSA 5, no matter how you cut it, whichever uses

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are there. I'll get to the plans in a little bit. We're not planning any changes except

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to the meeting space on the first floor,

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but I want to just give you an idea of photos.

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So previously, Morgan's Preparatory Academy

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was located here on the first floor.

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It's a very nice, well-maintained building.

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The second floor and third floor

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have long-term tenants in it.

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This is a shot of the block.

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And again, this is the 2,900 block of Girard,

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which is a main thoroughfare.

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very well maintained and clean out front these pictures are recent no work is being engaged in

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in the property this is the access to the second floor this is all throughout the first floor

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commercial space pictures are going to be pretty redundant and for the sake of time they are in the

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binder if uh the board wants me to go up to the uh up to the uh plans i can do that or down to

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the letter of support uh for the sake of brevity letter support why don't you go to a letter okay

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so letter of support in just a moment

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We met with Fairmount Civic Association last week. It was a very well-attended meeting.

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we met with

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There were 21 people in attendance, only one affected neighbor. However, all 21 members voted

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in support. 22 members voted in support of this. So it's not a non-opposition. It is a support

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case. And here we have their position was the RSA single family zoning does not reflect

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the historic configuration and use of the property. Gerrard Avenue is a major arterial

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zone commercial or multifamily in this neighborhood, except for this block on the

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south side of Gerrard Avenue. If you do look on Atlas at the overhead, you will see that this

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block and the next block are the only two that don't have the zoning designation that would

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allow for this by right. The proposed uses would not be out of character for the neighborhood,

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would not impose excessive noise or disturbance on the neighbors. And that came from Teresa

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Holberg. She did send it over to the board, I believe on Monday, and here it is. I can resend

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it if Ms. Emerson doesn't have a copy. As for housekeeping, prior to the meeting, we sent out

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a notice to the community. And that went out to 126 addresses provided to us by the Planning

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Commission. And this was the notification that allowed for engagement at the meeting and

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instructions on how to join this meeting today. So, you know, to summarize, this is a longstanding

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pre-existing non-conforming structure. It has a longstanding pre-existing non-conforming use.

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We're essentially here just to change one commercial use to a less intensive commercial use and retain the two pre-existing two-family above unit on the second floor, unit on the third floor.

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You have a representative from the Community Development Corporation?

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I do. I have Patrick Sherlock here, who is the executive director.

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Sure.

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And we'd like to adopt.

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Yep.

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Mr. Sherlock, could you please raise your hand?

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Hello, I'm here.

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Hi, could you state your name, please, and spell for the court sonographer?

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My name is Patrick Sherlock. First name is P-A-T-R-I-C-K. Last name S-H-E-R-L-O-C-K.

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

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I do.

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Please proceed, counsel.

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Thank you, Chairman.

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Mr. Sherlock, did you see and hear my presentation to the board today?

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Yes.

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Was it true and correct to the best of your knowledge and information?

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Yes.

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Do you adopt it as your own testimony?

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I do.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Ramerson?

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Just briefly, Mr. Chair, Mr. Cook, we didn't receive a copy of that letter, so if you could forward it, that would be great.

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Absolutely.

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Thank you so much.

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Thank you. Questions or comments from the virtual audience?

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I do not see any further hands Mr. Chair. Cleaning Commission.

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Ron?

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This property is indicated for residential use on the city plan or adopted district

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plan recommends no change the existing zoning at this location the applicant's hardship is not

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supported with evidence of unique physical circumstances or condition of the property

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that would prevent it from reverting back to being used in conformity with the code

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requirements therefore we recommend the place of parents not be rented

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mr chairman if i may respond uh with some legal argument on that um we've presented a property

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that has been demised as three units for at least seven decades. Under the case law, it is a

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presumptive hardship to have to spend money to bring a non-compliant property into compliance.

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Along with that, I think the current consistent use, the support of the neighborhood,

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including the coordinating RCO, which has best position to understand best uses for that block.

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We ask that you consider and give appropriate weight accordingly.

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May 2023, 002-907-2914 Western Avenue. I vote yes.

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Thomas Holloman, my vote is yes.

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james snell my vote is yes um mr cook could you please stay on yes thank you okay let's see here

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Yes. Thank you.

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Okay, let's see here.

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Okay.

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At number 17, MI 2023, 002-902-804 West Wingahawken Street.

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There is a letter of non-opposition from Esperanza, and there's a letter of non-opposition from Council Member Lozada.

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And just for the record, Mr. Cook, just state your name.

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You've already been sworn.

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Harry Cook, again, the law office of Vernon Anastasio on behalf of applicant.

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And could you identify your client and their relationship to the property?

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I sure can.

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Ms. Ortiz, are you present or do you want me to just?

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All you have to do is tell me who your clients are.

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i just um just a moment there's two two clients so it is uh yates ortiz and nathan nazaro

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her son okay and and then our vice chair our vice chair has a few questions

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not our vice chair our board member mr holland good morning counselor do you agree do you agree

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to waive the reading of the refusal and stipulate to his accuracy did you did you email all of the

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exhibits and documents as required five days in advance to this hearing yes sir thank you

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please proceed your screen is up thank you uh mr chairman members of the board uh i am here

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presenting 804 wing the hawking street before i get into my presentation i want to provide you

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with a little overview and context for the property.

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As you can see, this property is located near Hunting Park

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with access to Roosevelt Boulevard.

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The property itself is in the RSA 3 zoning district.

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However, this block face in particular,

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each one of these properties, according to historic records and access,

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are multi-use with the exception of a record missing for this property, as well as 802

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Wingahawken. 801, 800 Wingahawken is a CMX1. It is a bar restaurant with one unit above.

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806 Wingahawken is a duplex. 808 Wingahawken is a duplex. And 810 Wingahawken is a duplex.

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As to the missing Hanson file for this property and the other property, it could be a matter of when the early 2000 scanning project, it never made it in to the system.

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When my clients purchased this property in 2015, it was a two unit.

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They've made no changes to the demising walls.

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It was consistent with every other unit on the block face.

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In addition to that, this particular block, as I refresh to bring up the zoning overview of it, is a mixed block where the square block to the left side,

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it's I'm having some technical issue there here we go is RM1

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all the way down RSA3 here and CMX on the corner and again historically this block face on Wingo

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Hawking as it goes to the park as it goes to Roosevelt Boulevard has been de facto multi-family

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So that's a bit of the background on this particular property as it relates to historic

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kind of site information.

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As we go into the property, the first floor has a common entry, step upstairs, and you

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have a kitchen and a single bedroom.

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There's access to the basement.

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The second floor apartment is a two-bedroom.

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Again, no demising changes have been made to the property.

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My client has made some aesthetic upgrades, but no changes structurally to the demising walls of the property.

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Here are some photos of the property as they've upgraded it.

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It's very lovely.

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Consistent with stairs.

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with the rest of the block face. There's a lot of photos. There is replacement material in here.

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material in here and they went to

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great effort to make this aesthetically pleasing

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obviously this property cannot get a co uh without uh the zoning approval at this point

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um so on and so forth you can review the photos in the record

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i'll take you to the community meeting letter and some of the housekeeping items

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as you can see it is beautifully appointed

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we sent out our letter on the 29th of september to the addresses provided for by the planning

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commission has scrolled through above it provided information about the refusal

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the legalization how to engage at that meeting via zoom and how to attend this meeting

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