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Hearing video

ZBA Hearing - April 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 10, 20246h 50m

Okay.

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And let me see one more.

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This shows the back of the school.

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This is the vacant lot where the church was.

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This is the view of Distant Park from Keystone Street.

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Beyond Distant Park, just the park there, is the railroad tracks.

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And then beyond that is I-95.

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So, you know, that's clearly, it's not a, there's no significant impact on the community.

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So, you know, this is really what the project is, is to take a building that was damaged in the fire, was owned not by the archdiocese at that time, owned by a private individual who had been involved as a deacon in the church, but could not repair the building to its prior condition and live in it.

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and was sold to Mr. Brodsky in 2023.

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uh in 2023 so we are proposing to put a potential danger to the community back to a

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So we are proposing to put a potential...

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legitimate uh community use and with that i'd ask mr broski to be admitted and

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see if he will adopt my testimony

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good morning sir mr broski please raise your virtual hand

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Mr. Brodsky. I see no hands. Mr. McElhant, Mr. McElhant, you're an officer of the court.

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I am. I still am. And we will take your testimony. Thank you, sir.

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All right. With that, I have nothing further. Questions from the board?

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No, Mr. Chairman. No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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i see no hands planning commission thank you chairman and good morning david vecto with the

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city planning commission chairman and board members the comprehensive plan recommends

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no change to the residential single family zoning at this location the size and configuration of

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the former rectory presents a hardship to reusing this property as currently zoned we suggest the

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appellant should submit a request to the city planning commission and council for a zoning

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change. The building is close to public transit and the comprehensive plan supports increasing

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residential density near the regional rail station. The city planning commission recommends

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the board grant a variance for multifamily housing and any associated parking variances.

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Thank you. We're going to hold the vote on this. And so Hillary, you touch base with

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Ellen and I, and as soon as we have an answer, then we'll conduct the vote. Is that right, Hillary?

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That is correct, Mr. Chair. Thank you.

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Thank you, counsel.

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Thank you, sir. Good day.

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Number 13, MI 2023-006-540-1147 South 52nd Street.

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Roger Perry is the attorney.

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There was no, there was, there's no RCO letter at this point,

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But there was a meeting on 325 by the 51st Ward Democratic Executive Committee.

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Mr. Chair, we did receive a letter of support this morning just to update that.

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Thank you.

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Thank you very much.

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Mr. Perry.

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Good morning, Mr. Perry.

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Could you unmute, please?

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I'm unmuted.

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Thank you.

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Could you state your name for the record?

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I believe you were already sworn once today.

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Am I correct?

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Yes, we had an earlier case, Roger Perry, P-E-R-R-Y.

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Mr. Perry, could you identify your client in relationship to this property?

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Yeah, I have two clients, actually. Ameslet Tedla, A-M-L-E-S-E-T-T-E-D-L-A, is the owner of the property, and her daughter is Saba Tedla, who's here today, and Saba was essentially doing the paperwork for this retirement duplex.

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okay uh and mr hallman has a few questions thank you good morning counsel do you agree to waive the

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reading of the refusal and stipulate to his accuracy yes we do did you email all of the

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

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please proceed and share your screen okay should be up there

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yes okay great okay yeah this is a uh property 1147 south 52nd street as i indicated it's uh

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owned by my client uh it was purchased um in 2019 then sort of got stalled with uh

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COVID and so forth, but it was purchased with the anticipation that it had already been

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renovated as a duplex. When they went to, Amoslet was going to move in here and get rental income

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from the adjacent property, but when they went to get the permits, it was discovered that it was

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not a legal duplex, that it was still in an RSA five single family property and so forth. But I'll

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I'll show the photograph showing that it had essentially been renovated as a two-family, two units.

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Let me just scroll down through.

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This is the deed.

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It's been posted.

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The refusal is because we were asking for a duplex and an RSA 5 property was posted properly.

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We had the hearing with the RCO.

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I just know that I can come back to this.

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but we're requesting a duplex at 1147 South 52nd Street, the adjacent property at 1145 was a duplex.

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South 52nd Street, the adjacent property at 1145 was a duplex.

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And the adjacent property at 1149 is actually a triplex.

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Let me see what I can...

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Okay, so that's...

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Okay, the duplex.

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This is the block across the street, a series of it.

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taxes have been paid and this is the plan the layout for the property it's a basement

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as rehabbed and three floors it's a unit one and unit two let me see if I can put up the

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you should be seeing the properties this is as it exists when they bought it it was metered with two

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meters a separate entrance into the basement area the interior had been renovated it has an entrance

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way uh which separates into two uh access uh ways um let's see what we got here

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uh there's a kitchen in each unit uh there's bathroom in each unit this is the stairs going

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upstairs i apologize for the flipping leaf up this is going from uh to the second floor

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uh there's a bathroom in each unit um three bedrooms on the uh let me see second and third

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floors three bedrooms the uh first and second they're they're bi-level units uh bedroom bedroom

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bedroom so forth and this was as uh when they bought the property in the second kitchen and

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so forth and so on so the property is essentially fully renovated but of course uh because it's

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not a legal duplex. They couldn't get permits to operate it, and that's why we're here today,

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in order to get it legalized as a duplex. This was the layout, the plan that was provided to me

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by Ms. Tedla. And the block itself is, on this area of 52nd Street, is essentially multifamily,

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and the two adjacent units are multifamily.

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We did meet with the community organization.

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As Hillary, the board, I believe, indicated,

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they got a letter either last night or this morning

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indicated that they were actually in support

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of the variance for a duplex.

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If I can ask, I believe Saba Tedler is in the audience

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and she can review and adopt my testimony.

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Okay.

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Are you there, Saba?

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Yes, and they have been allowed to speak.

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Okay.

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Could you please state your name?

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Saba Tedla.

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And spell for the court stenographer.

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S-A-B-A, last name T-E-D-L-A.

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Right.

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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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Is this your property?

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This is my mother's property.

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okay hillary we can take her testimony

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um if she's if she's i understand she was filling out the paperwork but if she's not

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the deeded owner i don't think that we can okay i can just ask her a question about she did the

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paperwork for the uh for her mother who's older and was moving into the property just a question

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of whether or not she's familiar with my testimony,

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I'm not saying that she's the owner of the property.

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Up to the board.

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Yeah, that's fine.

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If you want to have her as a witness

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to answer a couple of questions

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based on her familiarity with the property, that's fine.

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But I don't think she could adopt your testimony

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as she's not the owner.

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Okay.

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Saba, you heard my testimony?

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Yes.

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And you arranged,

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your mother obviously was intending to move

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from the midwest i understand is that correct yes and uh did you handle the paperwork when

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the property was purchased yes i handled all the uh paperwork as well as all the affairs of my mom

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okay and uh was the property essentially uh looking as i presented it today when you purchased

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the property as a setup with two meters and uh configured as a duplex yes okay and uh was there

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anything in my testimony that was in air that your mother would have an objection to no thank you

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questions from the board no mr chairman no chair questions or comments from our attorney hillary

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emerson not at this time question or comments from the virtual audience

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I see no hands. Planning Commission. Thank you Chairman and good morning David Vecto with the

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i see no hands planning commission thank you chairman and good morning david

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City Planning Commission. The comprehensive plan recommends no change to the residential single

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family zoning at this location. This property appears to have been converted without the

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benefit of permits. The City Planning Commission recommends that the board deny the use variance

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for two dwelling units. Thank you. MI 2023-006-540-1147 South 52nd Street. I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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You have your vote, sir.

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Thank you.

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Thank you.

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Number 18, MI 2023-006-843-2731 North Darien Street.

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Vern Anastasio is the attorney.

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There was a meeting held February 15, 2024, by the 12th and Cambria Advisory Board.

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Anastasio, you've already been sworn.

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Just for the record, could you please state your name?

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Yep, it's Vern Anastasio, A-N-A-S-T-A-S-I-O.

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I'm sorry I represent

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Killian Gerson

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Thank you

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Mr. Harmon has a few questions

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Good morning counsel

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Do you agree to waive the reading of the refusal

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and stipulate to his accuracy

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Yes sir

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Did you email all the exhibits and documents

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as required five days in advance of this hearing

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Yes 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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Mr. Chair and members of the board, this is a fairly straightforward case.

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This is the property right here.

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It is zoned RM1, just like every other property on the block, save the corners, just like

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every other property across the street, and just like every other property beyond that.

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It's an RM1 neighborhood.

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it uh so we want to make sure that that is um and here is another aerial view of the property in

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question the application is for a two-family dwelling and you'd probably say well if it's rm1

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and you ask for two family why are you here why did it get refused literally got refused for

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a tiny, tiny amount of square footage. We have 676 square feet of the lot, and it's required

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that the lot be 720 square feet. Obviously, we can't make the lot any bigger, and this property

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was purchased by my client in 2021 as a two-family dwelling, completely rehabbed.

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And he believed after checking the RM1 status that it was a legal two-family dwelling when he purchased it, only to find out later when he submitted for the rental license, he could only get one for one unit rented.

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And that's when he contacted me, and we've been through this process.

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We did meet with the RCO.

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I believe they sent a report of some sort.

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Virtually no immediate neighbors showed up. It was just the leadership. But I've also sent and submitted under separate cover. Here's some photos, and I'll scroll down these while I talk. Under separate cover, several photos of the block itself.

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there's 14 vacant lots on the on just just this block in addition to the 14 vacant lots

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there are six vacant structures all boarded up or masonry sealed so it is a terribly difficult

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block uh to to live on especially in a single family situation but this is the property my

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client purchased as you can see uh this is from 2021 uh completely rehabbed

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he purchased it and then subsequently found out that despite the classification of rm1

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uh they're you know about a hundred square feet uh as far as the lot is concerned short and because

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of that, we're unable to get the rental license for the two-family dwelling, and that's why

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we're here, because we can't make the lot any bigger, because the difference between

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what the lot is and what it should be for a two-family dwelling is de minimis in nature

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as far as square footage is concerned, and because the property and the block is zoned

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is zoned RM1, and the block itself is blighted, to say the least. We respectfully request the

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RM1 and the block

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itself is blighted to say

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the

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granting of the variants. And I do have Killian Gersig here, if he can please raise his hand.

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