civus
Hearing video

ZBA Hearing - May 8, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 8, 20243h 45m

Thank you, counsel. You have your votes.

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Thank you very much. Have a good afternoon.

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number five mi 2022 007 225 6644 linford street sean ward is the attorney

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letter of opposition from the take back your neighborhood

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there is a petition of support from nearby neighbors

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sean ward is coming in as a panelist thank you

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mr ward i am now here there you go sorry it took a little time took a little time to

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took a little time to get logged in there but uh yeah my name is sean ward s-h-a-w-n-w-a-r-d

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esquire attorney for my cousin harrison leal owner of the subject property

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes i do um you've already identified your client um the vice chair has just a few questions for you

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do you agree to way to read another refusal or stipulate to its accuracy yes

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I do have you emailed in all the required documents and exhibits that is

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needed to proceed with this case five days in advance of this hearing yes I

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have thank you council please proceed and share

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move yeah i gotta i gotta i gotta move this

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toolbar all right there we go that should be my exhibit packet sure yeah yep all right very

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very good thank you pardon me yeah i represent that my cousin harrison leal h-a-r-r-i-s-o-n-l-e-a-l

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He is the subject property owner at 6644 Linford Street.

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The application was filed.

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A1 in the packet is the notice of refusal.

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It was an application for a permit for a two-family household dwelling in an existing structure.

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Obviously, two-family is not permitted in the district, and a use variance is requested at this time.

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A2 is the application of appeal.

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A3 project information form.

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A4 is proof of ownership, his deeds.

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A5 is proof of tax clearance.

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A6, RD photographs, posting, the subject property, street views, aerial views, in addition to interior photographs of both the upper and lower unit.

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A7 is a petition of support physically circulated by Mr. Leal.

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throughout the neighborhood.

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So A8 are the two RCO meeting notices.

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A8 are the two RCO meeting notices we met with.

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We met with two different RCOs, Community on Arise, which is a participating RCO, as well as Take Back Your Neighborhood.

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And there is an email that was submitted directly to the board from Take Back Your Neighborhood.

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It was not available at the time I submitted my packet.

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um the interested or interested rco letter from community owner rise was included

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a11 uh we we did as always a relevant zoning history search nothing was found on the property

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at all and uh as raised in some of the uh rco letters uh i included some violation history

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um uh 2020 there were two cases they've been marked complied

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and that's a typo it should be 2021 I apologize for that just noticed there's one open case for

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permits we can't obtain those permits unless we get the zoning approval so A13 is the zoning map

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and A14 would be the aerial photograph so very quickly we have the notice of refusal

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we have the application of appeal we have the project information form my transmittal letter

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to the board requesting the hearing a copy of um harrison and his wife maria's deed uh this is a

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deed of confirmation because in the prior day they misspelled his last name incorrectly so that's

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neither here nor there but it was just a correction on the deed uh moving on um i also included in my

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packet, the Philadelphia OPA property history and detail page. Just to point out the sales

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history of the property, I think it's beneficial to the board when making a decision here.

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The property was transferred from the Steeles, S-T-E-E-L-E, Bernice and Michael, to DNM Realty

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group back in 2015, who then conveyed the property to RDO Construction in 2015.

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Harrison and his wife purchased the property from RDO Construction in 2019, some four years

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later.

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At that time, the property had been in the midst of renovation.

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The lower level had been separated from the upper level with the removal of the staircase.

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uh the full enclosure of the bottom floor from the the upper two floors and um all other work

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was completed but for the fit and finish i.e floors um appliances uh finishings uh such as paint

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uh tile work um you know some some kitchen appliances etc uh at that time uh harrison

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And his wife went through the process of fitting out, you know, the units in all brand new appliances and fit and finish.

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And we have photographs to show what a beautiful job was done.

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This is the tax clearance. As you'll see, there's no taxes paid.

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They paid their taxes honorably and, you know, on time for the years ensuing since they purchased the property.

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Here we have a copy of the zoning notice in the front window.

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This would be the Google Street View of the subject property is the white door, not the black wrought iron door that's open.

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I believe on the day this photo was taken, the next door neighbors were having some work done, which would explain the trucks out front and why the doors open.

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This is Linford Street.

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facing south, Linford Street facing north. Again, the subject property is over here with the white

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door. Aerial photograph, you'll see this property is located just east of Castor and Unruh,

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you know, block and a half in on Linford Street. It's about the seventh house in from the corner

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of Unruh and Linford. With regard to the upper unit, these were, this would be coming in through

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the front door you can see the steps leading up to the second floor where the bedrooms are located

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uh to the right would be the uh you know living and dining area that dining living and dining

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area pardon me as you can see all new flooring new paint new uh new baseboards um they installed a

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you know a small breakfast bar to separate the living and dining area from the the kitchen area

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all new surfaces, cabinetry, you know, a range, microwave.

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All new surfaces, cabinetry, you know, arranged.

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Coming up to the second floor, I would point out the spectacular job they did

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maintaining and refurbishing the existing hardwood floors that are found in these homes.

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Absolutely beautiful job.

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And then, again, walking to the rear bedroom.

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The master bedroom has the two closets or principal bedroom.

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uh the upper unit is equipped with a washer and dryer again raised in one of the letters from the

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RCL uh this is the master bathroom of the upper unit as you can see it's a three-piece you have

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the vanity sink a toilet and to the right you can see the stall shower

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in the lower unit you would come in through the back door

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There is a full kitchenette with brand new appliances, cabinetry, countertops, tile floor, same color paint, and concept as the upper floor.

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This would be one of the bedrooms with its own window.

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Again, another three-piece bathroom, vanity, toilet, and to the right you can see where the entrance to the shower is.

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Again, it's a stall shower. This would be, again, the first floor unit. This would be basically the living area.

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This is the aforementioned petition of support. I would point out that most of the signatures on the first page are from the 6600 block of Linford Street.

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uh highlighted is 6646 linford street which would be the property if you're looking at the front

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door it would be the property located directly to the right uh the property to the left of

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6644 would be 6642 i personally discussed the property and the use of it with uh the owner of

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that property who declined to get involved uh however he did indicate and as an officer of the

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court i i verify that this is true and correct what he told me that the property was vacant for

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quite some time and that he was happy to see that it was uh you know rehabbed refinished and now

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occupied with you know uh nice neighbors and and good tenants um also on that petition

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are you will see uh signatures from rutland street which is the uh the street behind us

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which shares the driveway, the common driveway between the properties.

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And these are the most proximate to the rear of our property

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and obviously the ones that you would have most contact with.

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This is a notice sent out for Community on the Rise, their meeting,

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which was held on April 20th.

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This was the RCO mailing meeting notice sent out

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for the Take Back Your Neighborhood meeting,

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which was held on April 2nd,

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which I will address shortly.

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These are the addresses provided by the Planning Commission.

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The notices on two occasions went out to 145 owners of properties

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as provided for on the RCO notification map

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provided by the Planning Commission.

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With regard to violations brought up,

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again, as I mentioned,

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And there is one outstanding violation from 2021 for the electrical service, the HVAC system, and specifically the interior alterations.

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Because it is fitted out as a two-family dwelling, not a single-family dwelling, we are unable to process that building permit application to get the HVAC and the electrical permit violations corrected.

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because we need zoning approval

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for the current existing proposed use as a two-family.

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And again, these are the 2020 violations.

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As you can see, it's marked complied.

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I also did a 311 property complaint search

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over the past calendar year

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for the subject premises at 6644.

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As you can see by the blue dot,

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that that is the subject property. Every one of the red dots represents some sort of a complaint

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filed with the city regarding complaints in the area, none of which are associated with 6644.

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They all deal with other properties, either maybe on the same block or in close proximity,

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but certainly not with regard to our property. And Sean, that's L&I complaints?

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uh 311 complaints okay okay all right thank you yeah if you go to

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311 complaints.

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OK, OK. All right. Thank you.

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Yeah. If you go to Atlas and you scroll down on the left side menu, you click on the nearby tab and then you can check for vacant properties.

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311 complaints. And they give you the addresses of the locations.

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I didn't feel it necessary to print out, you know, 115.

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OK. OK. Here is the zoning map.

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Of course, you know, we know it's RSA 5. You know, that goes without without saying.

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And also, you know, again, this was the OPA, you know, as you can see, since, you know, they purchased the property, you know, they've paid all their taxes.

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Again, that was the history of the transfers.

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With regard to this is community on the rise.

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Mr. Chairman, we met out at the site with three people from the RCO.

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it was uh grace her husband and and one other i think grace husband was there because he drove

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her and there was one other person um they walked the property uh you know all indications at that

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site inspection or that site visit where uh it's beautiful this is great uh they held a meeting

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at 6601 rutland street which happens to be the basement of the uh you know the community

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organization's president um and you know at that time you know they voted uh 23 to nothing in

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opposition to the application which um you know at least 20 of them never saw the property or

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you know had anything to do with it and probably don't even live nearby because

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uh they you know they they didn't care enough to come to the to the site visit

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So in their letter, you know, they cite the reasons the applicants should have come to the community.

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They did not make a good faith effort that they were community focused, didn't adhere to the appropriate process.

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Well, you know, that is not reasons to deny a variance or relief in a certain matter.

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They talk about the 10 violations, which we've just submitted, all of which have been corrected,

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except for the three outstanding ones, which we cannot correct unless we get zoning approved.

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And then with regard to, and here's the kicker, we met with Take Back Your Neighborhood.

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Again, they submitted their email on May 26th after two or three requests from me because I had to submit my packet.

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and they inform us that they could they could they performed a site visit which eight people

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were there it was me the owner and their tenants and they're saying there was four members from

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the civic association there which you know i don't recall four members being there i remember

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mr rudnetsky being there and uh that was the extent of their meeting um you know they told

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me it was going to be a public meeting um where everybody could attend and nobody attended and

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there was no follow-up meeting there was no no public meeting held at any kind of a public forum

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or any community center or civics you know uh you know rec center um a state rep's office or

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whatever uh yet they um yeah they cite the same reasons uh you know ignorance of the zoning code

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et cetera, et cetera. So, you know, I object to both letters from the RCOs as insufficient and

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not compliant with the requirements of the, you know, the RCO regulations under the Planning

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Commission and the zoning code requirements. At this point in time, I would just submit to the

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board that, you know, Mr. Liao, first time purchasing an investment property in the city,

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He was led to believe by the owner of the property, who happened to be a contractor, that, you know, this was a job that just needed some fit and finish to complete.

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And then that way he would have a nice investment property.

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And, you know, so what did he do?

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He went ahead and did the fit and finish, installed, you know, at his great expense, you know, you know, hard, you know, granite, granite countertops, new appliances, tile work, et cetera.

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Only to be hit with a code violation when he tried to get his rental license, that it was not zoned as a two-family.

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And then the resulting inspections, you know, he was lodged with these complaints and violations.

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And now here he is.

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He's just looking to obtain his variance so he can get a zoning permit.

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He can, you know, then finalize the building permit, the electrical permit, and the HVAC.

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and this matter is in common

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police court. So not only is he

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Not only is he expending, you know, funds to correct something that he did not create himself, he's now defending himself in a court of common pleas in Philadelphia.

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expending funds

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to correct something that he

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And we're here to ask the board today to grant him relief so that way he can, you know, finish this project, get his permits and then resolve the court matter, which is going to cost him, you know, even more in fines and costs.

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Harrison is on the line.

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so what sean sean a few questions yeah one so what you're saying a contractor had it

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he roughs it out for a duplex is that what you're saying yeah he removed the stairs from the bank

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he takes the stairs out in the middle he roughs it out for a duplex then he gives it to this man

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and he comes in and fits it out exactly exactly that that's all he did was you know number two

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number two question how many more multiple units in their area

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uh it's hard to tell i mean you know i i i did a brief search through atlas and uh and whatnot but

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you know legal legal duplexes you know that there's not many on the list you know so but

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if you drive up and down the street or you know the back driveway you'll see other units with uh

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You know, two electric meters and, you know, some of those Mitsubishi split units out the back, evidencing that there is some multifamily use.

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And quite frankly, right across the driveway on the Rutland Street rear side, there's clearly some some duplex units because there's no garages and they're and they're, you know, they're finished out with windows and another man door for access.

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Why don't you bring your client on?

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Okay. Harrison should be on.

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Okay. Looks like he's now able to speak. Is that correct?

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Hi, Sarah. Could you please state your name and spell for the court stenography?

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Good afternoon, everyone. My name is Harrison Leal, H-A-R-R-I-S-O-N, last name Leal, L-E-A-L.

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

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Yes.

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Please proceed, counsel.

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one. Harrison, you've heard my representations to the board today? Yes. Are they true and correct

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