civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

and you could take advantage of that in the future, correct?

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Definitely.

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I think that's true for everyone.

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That's also true for our neighbor.

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Thank you.

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No further questions.

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Can I add one more very last comment, if possible?

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Be very short.

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Please.

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Okay.

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So I know during the last meeting, there was a lot of conversation about Nextdoor.

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I was the one that posted about Nextdoor.

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And, you know, Nextdoor is a very, it's a very big community of people that come together

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who live within the same community and post about a lot of different things,

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whether it be projects, businesses, you know, things going around the community.

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And I think it was very much undermined during the last meeting, whether it be, you know, saying that, oh, it was random people.

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We don't know if they actually live in the area.

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You know, I do urge the committee to take those posts pretty, you know, seriously because it is.

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to take those posts pretty um you know seriously because it is at this point i have to object

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it is hearsay thank you thank you all right thank you for letting me speak i appreciate it

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thank you and good luck with your career mr miller yes if i can have two seconds offline

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Thank you, Mr. Chairman.

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My next witness is Rami Shraim.

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Would you please spell your full name for the sonographer?

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Hello, everyone. My name is Ramy Shraim, R-A-M-Y-S-H-R-A-I-M.

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Are you swearing for him to tell the truth, the whole truth, and nothing but the truth?

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There you go.

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We're going to have some feedback, so I think I'm going to silence my microphone,

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and I'll be asking questions. Hopefully, you'll hear me through Mr. Shraim's microphone.

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Are you able to hear me?

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No.

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Mr. Chairman, can you hear me speaking now?

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Yeah, a little bit closer or louder and would help be a little bit muffled.

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Okay.

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All right.

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I'm sorry, we're using that.

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Mr. Schroeder, would you introduce yourself to the panel?

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Yes, my name is Rami Shrine. I actually moved to Philadelphia in 2000. I moved to go to Drexel University. And I actually lived in the neighborhood. I moved to 2001 Hamilton Street, which is City View today, which is directly to the south of the property.

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I lived there for a number of years and you know before moving across the street across the parkway

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to 2200 Benjamin Franklin Parkway so just like my sister said we've I've been living in the

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neighborhood for for the last one years almost and just like she said we love this neighborhood

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we've enjoyed living there and we've always dreamt of having our own home since we've been

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renters all of our life so again when this opportunity came we were very excited and

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And I actually remember, you know, the same month that I purchased the property, I scheduled a meeting with Ms. Pat Freeman, which is the president of the Spring Garden Civic Association, to come in, introduce myself, introduce my family, and introduce the projects and my plans and what I'm looking to do.

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And I remember leaving the meeting really happy and excited on how well we were received.

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You know, I brought my father, my brother, and my sister with me to the meeting.

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that feeling of excitement quickly changed unfortunately when my next door neighbor

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at 2002 you know made it very clear from day one that she was unhappy that there was a development

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happening next door and was just you know trying everything there is to try to delay and derail

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the project. We went through the historical approval process, which was very long and very

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costly. And we did a number of changes. As Mr. Miller indicated earlier, we've changed the project

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about five times, you know, taking into consideration all the feedback that we took

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from the RCO and members of the community. And, you know, finally, when we presented the final

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project. It was approved by the historical commission. And I remember the very first

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thing I did after the approval was I contacted my neighbor, Molly Gallagher. And I basically

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let her know that, look, we're going to be next door neighbors. I'm moving with my entire family.

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I want to have a good neighborly relationship. And let's please put our differences aside.

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and unfortunately the first thing she did was appeal the the decision and and here we are

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today and I know you're you're going to hear a lot of testimonies and and a lot of different

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opinions some supporting and some opposing and just would you know hopefully as my sister indicated

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also I think the the one disappointing thing was that the RCO just you know very blindly and

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biasly took the side of one neighbor and is just opposing the project at all costs.

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I urge the board to please look at some of the open forums just like nextdoor.com to

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at some of the open forums just like nextdoor.com to see that there is in fact support from a lot

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see that there is.

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of neighbors that same objection there is hearsay they're getting into hearsay that there is

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that there is in fact uh people feel that there is an improvement chairman

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objection okay my objection okay um and and i just you know what the the real like you know

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beyond all the all the noise that that's being made the the facts are that the the two variances

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that we're seeking here number one the height which was recommended and approved by historical

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commission so that we could match the next door neighbor and the rest of the box the second

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variance is the parking which today the property today has an existing 50 foot curb cut today we

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are reducing this curb cut to almost half which will give the community parking spots so that is

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obviously an improvement these are the only two variances that we are seeking uh i feel that the

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the objections uh and the opposition is very unreasonable and very unfair to a you know is

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there some kind of a suggested easement to a view to a street uh our property is a corner property

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it is on rm1 which by code allows you to build on 80 percent of the property we are well below that

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and we have again as we change uh the the design through the historical process have reduced

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the the the length of the property and set it back as you can see to accommodate for it for

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the neighbors but it's just it's i feel like it's there's nothing that we can do and and it's never

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enough but again by code 80 is where an rm1 property is allowed and they're objecting to that

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so i i just and i know this is not the end of the battle for us i know that just like they

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appeal the historical commission no matter what your decision is today they're gonna appeal it

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and all i can do this of this stuff mr chairman come on all i can do is continue to tell my story

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in an honest and truthful way

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and hope that my dream

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and my family's dream

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of owning a home

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in this neighborhood

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that we've lived in for 20 years

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will become true.

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I thank you very much

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and I appreciate your time today.

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Thank you, sir.

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Is that it?

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Mr. Miller?

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Anyone else?

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I have cross-examination.

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I just want to make sure.

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Yeah, I know.

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Okay.

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Okay.

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Mr. DeMarco.

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Thank you, Mr. Chairman. Mr. Schramm, good morning. So you feel you're being treated unfairly with this matter?

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Yes, very.

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Okay, okay. Have you offered any compromise proposal to my client at any time?

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Objection. The documents that we've provided demonstrate compromise after compromise.

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Mr. Chairman, gentlemen, gentlemen, gentlemen, gentlemen, I'll ask the question a different way.

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Mr. DeMarco, has your client offered any suggestions to Mr. Schaum?

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My client's been very clear that the cornice line is not the objection.

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It is the massing of this property.

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It's been very clear from Jump Street.

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There's been no offer at all to mitigate the height variance in this case.

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other than threats cajoles calling my client evil and attacking my client my client's not

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the only person opposed also there's a widespread opposition to this we understand that mr chairman

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the the process that we went through through the historical commission which again you saw earlier

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in the presentation shows that this project took five different changes uh where where it went from

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a a five-story building to a four-story building meeting the next door a height going and going

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that has been made a number of units also mr sean

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we're aware of what you're saying mr sean we want something new and different that's all

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all right the question was has the has the witness offered a compromise to my client

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not to the commission. He hasn't answered the question. Rami, you can unmute yourself

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and please stop talking over each other. Thank you. Thank you. I apologize. Yes, my answer is

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yes, we have through the reducing of the massing of the building, all the setbacks that you see

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on the rear, reducing the number of units from seven, which is a bi-right RM1 that with the

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reducing the number of units from seven which is a buy right rm1 that with the with the size that

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we have today we have seven units by right we reduce it to five and we reduce the massing of

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the building like i said we are below the 80 coverage on the lot which is the buy code the

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rm1 uh uh by code uh that that is allowable we are below that so yes we have to answer your

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question you didn't answer my question mr shreem i'm going to ask it again and try to be as clear

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as possible those changes that you just described were made because you were trying to get historical

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commission approval correct uh not true that actually the historical commission in in our

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first submission um the architectural committee um had comments and refused the project but the

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staff of the historical commission approved the the initial uh building which was a much larger

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massing than what it is today right so you read and we have a letter stating that as well okay

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you reduced the density and the the the massing of your property in order because you were denied

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by the architecture committee of the historical commission correct we we were we were made

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understand by the historical commission and specifically laura who was the staff member

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that we were working on that we actually reduced the massing of the building beyond what the

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Historical Commission would have liked to see or wanted to approve. We would have been able to

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approve a larger building, but yet we continued to reduce that. And if you see the timing of the

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reduction or the setbacks in the back, that happened after communications between us and

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the RCO and the neighbor back and forth in between the RCO. I'm sorry, between the Historical

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commission. So we did do that. Thank you for sharing this. So as you can see there, if you

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look at the building, that is the evolution of the building. It was a much larger, a lot more

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massing in the front and in the back. And we continued to reduce that even between, like I

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said, historical meetings. That was really not to please historical, but that is more to answer

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the feedback from the RCO and the neighbor. Mr. Shreem, did you offer any concession to my client?

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Ever? Yes, I'm happy to repeat what I just said all over again. No, I don't want you to talk about

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the historical commission. Have you offered a compromise proposal to my client? Mr. DeMarco,

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your client was part of that historical commission. We met with the RCO and with your

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client and your client attended the staff and architectural committee meetings and gave her

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feedback and requested what she wanted. So our working with the historical commission and the

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architectural committee was in line with what your client wanted because she was present at

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the hearings. You were present as well and you testified and she testified and we went back and

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we did changes following the architectural committee so yes we did uh and and and again

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i can't i can repeat that one more time if you go uh i don't think we need no he's not all right

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well i'll move on mr chairman i think the point is made uh mr shreem when you purchased this

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property you purchased it in february of or march of uh 2019 right correct all right and the current

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property uh was occupied at the time right correct all right there were tenants in there

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and how many units was is was the current is the current property uh five but so the um those

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those units were occupied by residential or commercial tenants right correct and they were

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paying rent right correct okay so the proper the current property is income producing so to speak

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is that fair to say yes it was the day i purchased it and before that yes okay thank you

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so you had purchased the property with the intention to demolish the existing structure

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and replace it with a larger uh property correct correct with my home for myself and my family

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correct fair enough but your intention was to demolish the current use and replace it with a

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larger and more and more larger uh greater uh leasable area is that fair to say correct the

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current building is only two stories uh that is the only two-story building in that block and the

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following block so obviously sure i wanted to demolish it and build a larger building that

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is going to be a home for myself and my family yes okay fair enough and so during that process

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your architects were able to obtain for you a permit over the counter for a seven unit

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38 story building agreed yeah yes so actually that permit was obtained if you look at do you

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have a copy of that permit since you of course i'm sure you do yes can you please look up the

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date on that permit i believe it was last year please if you can put

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i believe it was last year please if you can pull up the permit thank you so much

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so what is the date on that permit february 19th 2019 right uh you're not allowed to ask me

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questions mr shreem go ahead if you're answering my question i'll let you go if you're going to

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answer okay i'll answer i'll answer so that permit was obtained february 2019 a month before i

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purchased the property and it was obtained if you look at the applicant's name that was the

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entity that owns that property the reason for that permit is I wanted to question because I

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wasn't sure what I can if I can build or develop a home for myself or my family there so I asked

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the owners if they can submit for a permit to see what you know if I can actually build because I

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was actually unsure I've never developed in a historical district I've never gone through this

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process before so that was just me inquiring before i purchased that was my homework before

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i purchased the property to see what am i able or what am i allowed um um to build there by right

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and that's why they submitted this permit prior to to me purchasing the property that was a month

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before i purchased well hold on mr shreem the the applicant is mr kang right the apple yes permit

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is mr that's your architect right yes he helped the gentleman on the property to do to obtain the

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yes mr mr shreem it was your architect that was the applicant you directed him to obtain this

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right you were the yes it was an agreement with myself and the owners of the property before i

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purchased the property to see if i can actually build something on there fair enough you were

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involved with the process you you directed yes absolutely i was okay you wanted to know what was

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allowed as of right right that is correct all right so you could physically build this building

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it's not what you want but you could build this building you could build this building right away

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that's reflected in this permit right uh no i couldn't uh and the simple reason for that is

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it was very obviously clearly communicated to us by the historical commission that

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But what's going to go on there is going to be similar to what's next door.

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And that's why we went through the approval of the historical process.

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I think we established.

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