civus
Hearing video

ZBA Hearing - March 5, 2025

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

I've never intended to do anything with that building other than continue what my dad and my aunt had done.

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I just don't know where he got the information.

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Is that on the zoning permit?

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Because I see that we have a use refusal for short-term accommodations.

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I never applied for short-term.

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Okay.

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And the explanation is, it may have been my office's fault.

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When we applied for the appeal, you have to put duplex and or short-term accommodations.

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You have to put either or, and they may have hit the wrong button.

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and and that's why there was a lot of consternation as to what we intended to do our intent and i did

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write a letter saying our intent was never to have an airbnb it was just always to have two

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one-bedroom apartments and that was it and then have you talked to the neighbors on either side

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yes i've been going door to door and some of the neighbors i knew from my great aunt and my dad but

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i talked to as many neighbors that were home that day because i've been working on the property

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literally by myself

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day by day.

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I'm sorry, I have contractors to put in.

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They installed the heaters.

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They also installed two new

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guests, hot water

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tanks.

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The upstairs is completely finished.

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Matter of fact, I have a tenant lined up for

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the 15th of this month.

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And then

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the tenants at 15,

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43, and 47,

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do they support? Because I didn't see

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their signatures on the petition that you showed of neighbors on the block um yes matter of fact

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they are on there they are okay the ones on that daryl i think the father the husband's name is

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daryl and the um the one on the opposite side i don't know the exact kind of thing that we're 51

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i'm not sure 45 57 maybe 47 47 he was the one that gave the information to the rco

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that was incorrect okay so that's why his signature is not there understood i have no other questions

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any other questions yes are there any other uh two family dwellings on the block

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that you know of no they're not no they're not and uh but the the uh paperwork that you showed

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from the archives yes that i couldn't see the whole thing so but that said that this

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was approved as a two-family yes yes in 1948 in 1948 i can't i'm sorry a duplex it says single

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dwell oh sorry it says single family residence duplex apartment okay all right i'm sorry it's

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on the screen now thank you okay questions or comments from our attorney thank you

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Thank you. Okay. Questions or comments from our attorney? Thank you. Just briefly, we did note the refusal had the two uses. I did see your letter requesting to amend, which I think we approved, but I don't know if that amended refusal was done, which is fine. We can just amend via proviso and indicate if the board does approve that this is for two-family household living only.

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Questions or comments from the virtual audience?

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I do not see any further hands raised for this matter, Mr. Chair.

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My Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning at this location from the existing single-family residential RSA 5.

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However, the property has a documented history of two-family.

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The Planning Commission recommends that the Board grant the requested variance for two-family household living.

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Thank you.

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MI 2024, 006060, 1545 North 62nd Street, I vote yes with proviso. Approved use is two-family

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household living only. Cheryl Gaston, my vote is yes with proviso. Tanetta Graham, my vote is yes

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with proviso. Tywin, my vote is yes with proviso. Ishmael Shahid, my vote is yes with proviso.

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Thank you. Thank you for coming down. Thank you. Sorry we kept you so long. No problem. Maybe be

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excused. Thank you.

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I certainly can. Have a great day.

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All right. Number 13,

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MI 2024

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006 242

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3533

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North 16th Street. Henry Clinton

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is the attorney.

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There's

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an anonymous support for the

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Nicetown Tioga. Vote

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with seven in support.

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Mr. Clinton.

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Good morning, Mr. Chairman.

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Counsel, I believe we've already sworn you.

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Just for the record, state your name.

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Sure.

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Henry, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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And could you identify your client and relationship to this property?

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Sure.

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My client is Dennis Gizzy, G-J-U-Z-I.

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He's the owner of the A&P Construction Company.

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He's also the developer, and he's also the builder, so he'll be here to answer all questions.

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Our vice chair has a few questions, sir.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed and required to proceed with this case five days in advance of this hearing?

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We did, except this morning, the architect figured out a way to access the basement living units with a set of stairs, and they were added to the plans.

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Additional pictures or photos?

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Yes.

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Thank you.

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Please proceed and show your screen.

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Thank you.

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Is that visible, Mr. Chairman?

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Yes.

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It is, sir.

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All right, good. Good morning, Mr. Chairman, members of the board. Henry Clinton here on behalf of A&P Construction, LLC. This request is for the demolition of an existing structure. I will show you photos inside and outside. A new construction of a building with eight units, which basically mirrors another building on the block, and it's on a block that has other multifamily household living, and I'll show you zoning records as well as aerial photographs to substantiate that.

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This is the table of contents, exhibits A1 through A10, as well as zoning records from the block.

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Refusal, it's a straight refusal of use because this is an RSA 5 zoning district,

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although as I indicated, there's many multifamily on the block,

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and we are requesting a multifamily building on this application.

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As the chairman mentioned, this is Nice Town, Tioga's improvement team's unanimous letter of support.

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They're interested in having more housing in the neighborhood as is consistent with that block.

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Photographs.

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So this is the property right here.

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And we're basically, the proposal is basically to mirror the same layout and construction of the house next door, the building next door, including front bays.

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Our bays are a little bit different, but again, the general context of that building will be replicated with our proposed project.

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Some photographs, again, that's a closer photograph of the building next door.

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this is the subject building where my cursor is this is looking down the

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This is looking down the block, south at the very corner.

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block south at the very corner there's an apartment building

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There's an apartment building with 14 units.

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Some interior photographs and exterior photographs of the property.

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Henry, the building's rehabbed. It's not coming down, is it?

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No, it's demolition of the existing building, Mr. Chairman.

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The demolition of the whole thing?

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Correct.

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Okay.

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And in 2020, there were a number of violations, unsafe violations against the property.

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The client pulled a make-safe permit just to stabilize it, but the building will have to come down.

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These are postings.

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This is a proviso plan.

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If the board looks kindly upon the application, the plans would have to be stamped.

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So here are the current plans, and I'll also show you the prior plan.

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So this U-shaped structure, again, mirrors what is next door.

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It's going to be three stories, no rooftop deck.

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There will be basement.

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And the issue why plans were submitted late, actually this morning, is because there was an addition.

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The architect figured out how to get access to the basement living areas via replacing the previous window wells on the front of the building with a set of interior steps.

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Then you can enter from the front on both sides of the building because the building is split in two, even though it's built as one.

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And then there's also going to be interior stairs with access from the rear yard so that in the basement level, you'll be able to exit the building on in the front as well as in the rear.

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The front elevation is going to be brick with siding on the bay and the back will have siding.

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This is a rendering of what the inside you will look like.

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It will have siding with windows, five windows on either side.

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The smaller windows are for the bathrooms.

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On the left side of the building, where my cursor is right now, that's going to butt

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up against the existing building, and we have no rendering of that.

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And then on this side, where my cursor is on the right side, that will be siding similar

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to what we have displayed on the rear and the interior of the building.

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There will be no windows on the side to the right or on the side to the left because the building takes up the entire footprint, again, like the building to its north.

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So this is the layout.

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I'll start in the basement.

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So as I said, the building is split in the sense that there's a unit on the north side and a unit on the south side.

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You would enter through the front for the first floor.

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The first floor has units three and four.

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The basement has units one and two.

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You would access the basement units by going into the front of the building and then going down the steps.

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Actually, I think based on this redesign, I stand corrected.

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You're going to be able to enter unit one through the front steps and unit two through the front steps.

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And then there's a corridor or a hallway to get out from the back, again, with the set of steps on both units in the basement, which has, in effect, replaced the window wells that were there.

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The third and fourth unit on the first floor, fifth and sixth on the second, seventh and eighth on the third.

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So you basically have a four-unit building adjacent to a four-unit building, which yields you at eight apartments.

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We do have trash storage for the upper floors on the second floor toward the front.

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There's going to be a ventilated trash room for unit five and unit six.

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And then that floor plan, as well as the trash storage, is duplicated on the third floor for seven and eight.

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And obviously, on the first floor in the basement, you're going to be able to access the rear yard directly for trash.

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My client, as I said, is the owner, the developer, and the builder.

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He will self-manage this building.

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He also will collect the trash with his team on a weekly basis.

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And we will have trash containers self-contained in the rear yard.

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They're not shown here, but they're going to be basically fenced in and also one cart for each unit.

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These are the original plans.

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So as you can see, the window wells are in the front.

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The window wells are in the front.

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They're no longer going to be there.

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They're no longer going to be there.

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They're going to be stairs.

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They're going to be stairs.

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The stairs are moved slightly to the left and to the right.

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It basically duplicates what is there.

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Likewise, with the rear, there will be no window wells.

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There'll be walkout steps to get to the rear.

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And this is the same footprint.

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We're not changing the footprint.

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We're not changing the height.

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We're not changing the open space or rear yard.

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In fact, we don't have any refusals for any of that.

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But just so the board knows that the footprint is not changing from what was originally intended.

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This was the original intent of the project with bedrooms in the basement, with window wells.

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But now, again, we have rear access with the steps.

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The application for appeal.

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Our tax certificate good till the end of March.

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zoning map, you can see that this is one of the larger lots on the block. It's 36 wide by 118

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deep. And the aerial photograph I showed you of the house next door or the building next door,

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they actually combined the two lots into one to make it a larger building and then

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have multifamily in that building. The deed indicating ownership of A&P Construction.

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Our notice letter to all the neighbors. We also include a flyer from Nicetown, Tioga.

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Certificate of mailing indicating 121 pieces of mail were mailed out.

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So then here is the zoning records.

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3535 is next door.

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But I have a history of this because at one time it was a three family dwelling.

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Then it became unidentified as multifamily, but it was then combined into six units.

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That's a six-family building next door, and I'll show you that plan when I walk through it.

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This is the apartment building at the end of the street that I showed south of the property.

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And then 3539 is an eight-family approved project.

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I looked at the zoning records.

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They just got an extension.

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That developer got an extension of that permit, which was issued in 2021 until sometime this year.

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I don't know whether they're going to move forward with the building or not, but at least that's what the records indicate.

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So this is 35 next door.

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Again, this is a vacant lot.

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And they're going to subdivide one lot into two lots.

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That was the original intent with three dwelling units on both sides.

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Then a permit was issued 2016 for multifamily, for three-family dwelling for this property.

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And then eventually the building next door was combined.

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And this is the U-shaped building that I showed you from an aerial photograph.

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This is our project or existing house right next door.

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