civus
Hearing video

ZBA Hearing - March 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 5, 20258h 36m

that because if if you know what the use is already going to be do you want a proviso

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specifying that it's going to be i don't know if it's sit down take out prepared food shop

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like what this is the first time i've heard that we had a slotted use that's why we

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now yeah we got to come back yeah so um i think for cmx two and a half

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we would not wouldn't that be i have to i don't remember off top of my head except varies which

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one special exception which is by right okay i mean that's the first that we all by right

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that's the first we i heard about any definitive use that's why we wanted you know open to to deal

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with that so um i can only tell you that if you give me a second i can take a look to see what it

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was allowed well if we're gonna hold this if you just want to talk to your client and and let us

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know what the use is in and then we can we can just add it in and you know either it can be that

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if it needs relief we already have the cmx2 zoning in there as a request for relief um or if it's

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buy right then it just gets added in and it's already done so what are the elements that are

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missing it's the fact is we had this an open zoning use just as commercial cmx two and a half

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not your i did not know you were having a restaurant in there this is the first i heard

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about that so if you're if you're actually going to put the restaurant in there you make that

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commitment that will get approved if necessary or at least documented so we don't potentially

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have to do any more filings so maybe that's something that we talk about you know tomorrow

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yes because i have a couple more well one more you do i guess okay so i have a few just for

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clarification because there's been a lot of amendments they're now 15 units not 18 and it's

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six stories not seven and it's 74 feet not okay because it's different things different all right

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and there are there still any affordable units in the building right we're required 20 because you

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did do the bonus yeah we did we have no not the bonus this is the min this is the overlay so we

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have no choice which even goes more so towards you know the relief we're seeking on for the

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variance okay yeah we're the men that's why i i indicated that we have to do a provide so i guess

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my question then is for the affordable units are they equally distributed across the unit types

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that's not on us that's planning planning i guess i'll ask the question well it doesn't weigh into

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my decision but i can't still ask i can't speak for planning but i know how planning would react

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to the situation they have to be of equal quality location and they do use but i want to know what

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the developer's plan is so i can't speak to that i just can say this point so i would think if you

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want to be fair you're going to get one of each one of each okay i would but i i know i'm not

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planning but i know what planning is going to do i mean i know what i would have liked to hear so

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okay any other questions actually before we we just hold it maybe the next application come in

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just to chat real quick outside or no no no can't do that we're gonna we're gonna and then my second

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my last question is in the basement it says pico and it says electrical in two separate utility

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closets do we know which is going in which i do uh we have matt from gnome architecture

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Sure. He can answer the question.

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If Matt's still here,

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I can.

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And then is the trash

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room that has access to both the street

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and the lobby going to be vented?

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Because that's not notated on that plan.

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I would

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I am here.

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Are we going to

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question Matt now?

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No, I think there's two questions.

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Please state your name and spell for the court stenographer.

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Yes, Matthew Frambluti, M-A-T-T-H-E-W, last name F-R-O-M-B-O-L-U-T-I.

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All right, do you swear or affirm to tell the truth, tell the truth, nothing but the truth?

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Go ahead, Alan.

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Yes.

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There were two questions.

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First, about the vaults, like what's going to be in each of those rooms?

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Well, just because electric and Pico are listed separately, and Pico is the electric utility.

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Yeah, the Pico vault is probably where the transformer would go, and the electric room is

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often there's a separate electric room outside of the vault that we would need, so that's what

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um that we would need so that's what the electric room is for okay and then for the trash room is

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the electric room is for. Okay, and then for the...

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this trash room is it plans to be vented because there's doors to both lobbies or will the egress

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that well the lobby and the street um yeah the tractor would be vented um you know as is required

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for code okay and are there lights on the corner for the side of the building on this on the side

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Yes, there would be lights probably on the underside of the overhang and also some lights at the entrance to the lobby and as needed for the tenant space as well.

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There would be lights.

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And while I understand the trash room was going to be vented per code, code does not necessarily address the actual transference of smell, which is what most neighbors and community members actually complain about.

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So I was actually asking more so understanding what the code requirements are, which is not that stringent. Is there plans to deal with, because there's so many units in this building, how to handle smell?

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um yeah i mean we we i'm sorry no go man i'm sorry i was just going to say that because the

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amount of units obviously we'll have to have commercial trash pickup as well yeah so you're

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going to have it's going to be multiple times a day yeah i mean a week excuse me a week yeah

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okay all right hillary do we want to do this as a uh resumptive

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um did david you didn't give your no i'm i'm okay do you want to get the amount of refusal so

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so then then we'll um i think planning planning wants to defer on its testimony so then we'll

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need to do a resumption we got it we still have a date of 520 it's into may or we have two two

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spots on the eighth right we use one well do we need i i thought it was more for you to look at

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the revised plans yes i mean i mean i don't know if planning got to see the revised plans that's

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that's the problem is we didn't and my and my legal assistant confirmed we got them today so i

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don't so planning probably didn't see them either so their recommendation is going to be based on

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the prior plans gotcha so um but maybe we'll we'll put it in for for may for now then you

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can contact the office and we see you call the office and see if we have you know other dates

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it sounds like april 8th is available right we will use this two slots that we had in april 8th

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already today but just call the office because things do change so call the office and is david

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going to take a position that iris was going to wait no okay planning is deferring all right so

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you'll hear from this alan okay all right alan i want you to you have one last one give me a

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little bit of a break why don't you take a break leave all your stuff there yeah and let me handle

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a couple of ones i still have three more before i get to 330 well the problem is i actually i'm

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looking at my watch i have a 6 30 community meeting and i have to get back okay come on

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let me do it i'll do it quick oh well yeah you said that before i'm gonna be

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i mean thank you for your time yeah thank you sir if you move no one more right if you

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the exhibits if you move the exhibits while you're yes going through the explanation of

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All right. So, MI 2024-007-294-4498 Livingston Street.

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Mr. State your name for the record.

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Alan Nockamson.

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Could you identify your client and their relationship to the property?

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Yes. It's Robert Huttonlock, who's the owner of the property.

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Do you waive the reading and the refusal? Do you agree with the exact accuracy?

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I do.

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why don't you uh share your screen and start sir there's a letter of support from bridesburg

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community the vote was 16 in favor for an opposition all right um

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i'm gonna get all right here's my screen all right all right straight all right we have like

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We have two properties that have basically three building structures on it, and we're just trying to essentially legalize it in some way.

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We have an original refusal, an amended refusal, because we noticed that there was a mistake on the original refusal that omitted the duplex use in the corner property.

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That's $44.98 and a half Livingston.

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So what we're trying to do here is make from two parcels to three parcels.

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so what we're trying to do here is make two from two parcels to three parcels there is two parcels

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that are two story structures uh and there is a warehouse where we're doing an adaptive reuse

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with shaving a portion of the top of that structure and making that into a single family use so we have

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three refusals there's lot c d and e lot d is a single family structure which we're just trying

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to change the none of the buildings were changing we're just changing the lot recon reconfiguring

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the size of the lots so again because of making it into three uh parcels rather than two we have

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a refusal for 860 886.5 square feet lot d is i'm sorry lot c is the actual i'm sorry duplex lots

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D is the actual single-family structure, which is 1,197.7 square feet.

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And lot E is the warehouse, which we're making into single-family use, which is now 974.1 square feet.

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We're also, again, not changing the building footprints, but because we're making that from three lots to two lots,

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we have some issues with the existing structures in terms of lot depth.

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Where lot C, again, is the duplex, will have no lot rear yards, as well as lot E.

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And then finally, we're in RSA 5 zoning.

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So the duplex that's currently there, that's been there forever, since my clients own that property, which we're legalizing, there's a variance because there's RSA 5 zoning.

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so we met with the community the board voted unanimously in support the community voted you

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know 14 to 4 in support of this proposed uh change in use and again this is just to give you an idea

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here's the the two two story structures this is the duplex which is on the corner of the fever

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and livingston this is the single family use right here to left of it these this is one livingston

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street address this is one living state another living state livingston street address behind it

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somehow a warehouse was built that spans both of those properties in the rear so all we're trying

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to do is cut this where now the warehouse is its own uh parcel which will now be a single family

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parcel the duplex will stay as a duplex and the single family will stay as a single family

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the only thing that's getting renovations is the warehouse to make into a single family structure

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and it kind of shows like you know again what we're dealing with here is kind of strange and

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interesting at the same time so this is one building structure this is another building

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structure and then this is the warehouse that connects us to that duplex in the rear

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maps of the area this is rsa5 zoning photographs of the property this is from livingston streets

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these are the two structures this is the multi-family structure and you'll see there

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are multiple entrances this is the single family structure this is the actual warehouse which we're

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looking to shave basically a floor off and then and then add to it and make that a single family

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structure and again this is the existing conditions as far back as google earth goes in 2008 about this

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and then you can see here this is something historical like in 1930 you can see this

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warehouse existed and then there was no rear yard setback for 44 98 and a half livingston

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so this has been existing for as far as back as you can see this is livingston uh street from the

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rear of the property from Belgrade Street. These are all the hearing notice posters. This is

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Livingston to the right of the property and left of the property, Lefevre to the right and left,

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Belgrade to the right and left, the exterior conditions. This is of the warehouse, which

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we're going to shave off a floor and then add a floor to the building structure and make that

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single family use. We do not have any interior photos of the other structures because they're

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being lived in. They've been lived in forever. The tenants didn't want us to invade their

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privacy. Our plans and drawings. So this is the old warehouse that you saw. And now we're

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making that into a single family house. This is the single family and the duplex as well.

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and again what you're seeing here is c which is multifamily two-story structure d which is

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single family and this is going to be the adaptive reuse of the warehouse to single family

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and then that's the elevation for that single family use and then that's you know again you

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use. And then that's, you know, again, you know, living room, dining room, kitchen, then

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know living room dining room

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upstairs, second floor, you have a primary suite. And then above that, you have two bedrooms

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in a flex area with a roof deck. And then this is just the single family use here. Again,

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you know, open floor plan, you have two bedrooms, and then one bathroom. And then this is the

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duplex. As you can see from the pictures, which I quickly went through, there's two separate

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entrances. There's one here, and then there's one here for another unit. So if you go to the unit

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here where it's on Livingston, you have a limery room, kitchen, dining, and then bathroom, and then

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the bedroom. Both the Livingston properties that are currently being occupied as residential units,

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the basements are unfinished where the mechanicals are. Instead of going to unit number one, you go

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You go to unit number two, where there's a separate door.

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You have the living room, and then you go up a flight of steps, and it's two bedrooms, and then an open floor plan for the living area.

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And then this is just a survey showing how we're re-dividing the properties.

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RCO meeting notice, we met February 5th.

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Proof of mailing in that notice, our application for appeal.

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deed to the property showing that

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Robert owns the property and has been

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owning it since 2004

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and finally

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Certificate of Tax Clearance

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no taxes are currently owed

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at least until March 31st

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with that being said I would ask

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that Robert be sworn in

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Robert could you please state your name

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and spell for the stenographer

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Robert Huttenlock

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H-U-T-T-E-N-L-O-C-K

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do you swear or affirm to tell the truth

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the whole truth nothing but the truth

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please proceed counsel uh yes robert you heard everything i had to state today about your zoning

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matter is it true and correct do you adopt this your own testimony thank you questions from the

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board yep could you just explain where the trash is going to go for each unit we're going to build

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a enclosure on the side on the belgrade street side of the property can you show me that oh sure

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all right so this is not an obviously greatest conditions here but you would be doing it

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along the side here on Belgrade.

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So again, he doesn't plan,

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he rents these units out.

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So he's planning to keep all those units.

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And then, you know, again, there's more than enough space

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like, you know, for, you know,

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each of the units themselves as well.

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Other questions?

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Okay, so just for clarity,

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lot c is getting a new structure let me just confirm with duplex no the duplex is an existing

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duplex it's an existing duplex yeah with with with multiple like um yeah let me see what if i

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can you go back to the lot subdivision plan that might help yeah because that was the one that

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you went through really quickly

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so this is this is lot c which is a corner property from the pictures you would see a door

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facing livingston for one of the units that's and then for the upper unit you would have a door

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there's a door existing right here lot d is here what's real what happened pre

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this what's the current condition is basically just think about the line going straight down

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