civus
Hearing video

ZBA Hearing - April 9, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 9, 20255h 27m

please let me know. Next document is, again, the refusal letter. I don't know why that repeats

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in the application. The following document is the plans prepared by the architect for the owners.

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And as you can see, this is a new structure, which can, which is proposed to be a two family residence.

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Could you, could you have them move the screen up a little bit so we can see all the drawings?

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Thank you.

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No, there you go.

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Make it a little wider, maybe.

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Here we go. That's better. Please proceed, council.

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Let me move it over this way, too.

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Okay.

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Is that adequate, Mr. Chairman?

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We can see it now, sir.

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Okay. It's a, like I said, it's a three-story structure with a lower level, which is proposed as part of the living area.

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The lower unit, which will have access to the rear yard or a patio, courtyard, however you want to describe it, will consist of a bedroom.

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The lower unit, which will have access to the...

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First floor will be a bedroom, which is the lower level, a bedroom, bathroom, and a living room with a kitchen area.

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The second level would would consist of a bedroom and a and a bathroom.

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The third level would be the B unit or second unit and which is the top two and floor number two and three.

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um and that would that would consist of a living area a powder room and a kitchen area

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um the top floor or third floor would consist of a bedroom a bathroom and a second bedroom

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uh now uh in the past we had proposed a roof deck which the um

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neighborhood or the RCO opposed, so we remove the roof deck, and you'll see that on the

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third level, there is a deck extending to the rear of that unit so that there are access

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to the outside for storage or whatever they intend to use that for.

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And counsel, why don't you go back? Could you explain the basement? What goes in the basement?

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Yeah, the first level would be a bedroom, bath and an optional room for whatever purposes the intended user has.

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You could use it as a bathroom. I mean, a bedroom or office or den or however, but it's a substantial area for purposes of whoever occupies the property.

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But there. And we consider that the lower level for the resident that has access to the first floor and the lower level.

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So is that a proper response, Mr. Chairman?

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I think you might have to explain, like, you know, are there exit wells there?

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Is there how would people get out of the basement?

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Well, out of the basement, you see there's a circular stairway, and it would lead to the first floor.

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And the first floor has a rear courtyard or outdoor area, which would have an exit to the rear and, of course, exit from the front entrance.

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so so the so the so i build the basement has these double doors out to this outdoor courtyard

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direct access right at below gray so this is like a sunken um courtyard and there's steps up to i

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guess the rear yard from there which is what the plan shows they just don't show it on the first

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floor plan right right and they should uh i think the architect is on here

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as a participant, and I'll make sure he's noted with that.

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Why don't you continue with, Vito?

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My next document is my appearance statement on behalf of the petitioner.

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Now, the next screen shows the 2300 block of North 21st Street,

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which is basically vacant, and only the adjoining property, which is 2304 North

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21st Street, is an existing vacant building. It's a three-story building, and one of the,

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that's to the property shown on the right top screen, and it's also shown on the bottom left

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screen. That is, and again, it's shown on the continued page, but that's a vacant property,

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three stories, and that was one of the, the RCO was very insistent that our structure be consistent

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with that existing sole structure basically on that block.

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The remainder of that block on both sides,

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you can see in one of these pictures,

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is vacant land owned by the Philadelphia Housing Authority.

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is vacant land owned by the philadelphia housing authority and we're not aware of any

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And we're not aware of any...

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proposed plans or what they intend to use that for the next screen shows the certificate of

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mailing to all the neighbors also there's a tax clearance certificate which is required and which

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is dated uh there's what this is an old one but there's a new one dated uh march 20th um

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here's the second next screen shows again that's a duplicate i'm sorry

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uh the following screen has the actual deed for the property um

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get it back to the screen

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Again, here's the appeal and windows of refusal.

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Why don't you bring the architect on, let him explain.

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Mr. Cole, are you present?

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Here's some more pictures of the adjoining structure.

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I'm requesting his name is Michael Cole.

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I believe he's on here.

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He's raising his hand, Mr. Chairman.

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Mr. Cole.

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yes sir i'm here okay mr cole could you state your name and spell for the courts

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name is michael cole last name is spelled c-o-l-e right do you swear or affirm to tell

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the truth the whole truth nothing but the truth i do would you please turn on your video

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could you explain the basement and certainly uh mr johns actually described it exactly that that

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outer courtyard is at the basement level and there are steps up to the rear yard from there

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so the direct escape from the basement is out the rear through that courtyard area

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okay anybody have any questions for the architect

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yes what's the depth of the rear yard

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there should be a site plan there

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and then do you know the width of the spiral staircase it's a five foot wide spiral stair

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the rear yard is 17 feet four inches

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okay okay any other questions and then wait the egress alley the egress alley um

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that on this property or is that on the property to the rear

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um i'm sorry may or may i respond uh miss uh when any anybody can answer that question

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Well, at the current time, that property is vacant.

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So when and if there is something built on that rear area, that will have to have an alleyway between the two properties, I believe.

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There is also on record a rear alley leading to the public right away.

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There is, and it looks like it joins your property.

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I'm sorry, it runs along the rear of the property.

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Along the rear, but it's not, you don't have an easement on your property.

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No, no, there is not.

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That was the question.

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All right.

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We're bringing the owner on, Mr. Canuso, and your testimony.

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Ms. Wood, Ms. Wood, would you raise your hand and make yourself available?

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Well, Mr. Chairman, can I ask that Michael Cole be, ask that him remain available, but

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he can.

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Sure.

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Sure. Just bring the owner on and adopt your tester.

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Ms. Wood, please raise your hand so you can be recognized.

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Chair, Ms. Woods is allowed to speak.

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Okay. Ms. Wood, please state your name as spelled for the stenographer.

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Ellie Woods.

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And are you a member?

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Hold on. Ms. Woods, could you spell your name, please, for the stenographer?

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Yes. E-L-L-E, first name.

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last name is w o o d s do you swear or affirm to tell the truth the whole truth and nothing but the

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

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truth i do please proceed

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I do.

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Please proceed, counsel.

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Ms. Woods, are you a managing member of the owner of this property, CMGC LLC?

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Yes, I am.

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And did you hear all the statements made by myself and Mr. Hill regarding the responses or testimony presented to the board today?

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I did.

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And would you adopt that testimony as viewers, as the owner of the property in question?

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I do.

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Okay.

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Questions from the board.

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Questions from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions and comments from the virtual audience.

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There are no hands at this time, Chair.

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Planning Commission.

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Sorry.

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This is Ron Bednar, City Planning.

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

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I do.

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Please proceed.

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Comprehensive plan recommends no change to the RSA 5 zoning in this district.

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There's no unique physical circumstances or condition of the property that would prevent it from being used and conforming with the zoning code.

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Therefore, the City Planning Commission recommends the request for variance to not be granted.

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Thank you.

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MI 2024-000-685-2306-North 21st Street, I vote yes.

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I vote Josh, my vote is yes.

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Cheryl Gaston, my vote is yes.

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I won, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you.

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All right, number three, MI 2024-000-818-3309-North 6th Street.

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Vernon Anastasio is the attorney.

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there's a letter of opposition from hey cdc

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chair burn is allowed to speak good morning mr chair when the council you've already been sworn

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just for the record state your name it's burn anastasio on behalf of my client mr matthew

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torres i uh there doesn't seem to be an option for me to turn on my camera mr chair i'm not sure

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what's going on there is there anyone are we do we have him oh there we go okay

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okay that's better thank you

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council council could you identify your client relationship to the property

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Matthew Torres is the principal owner of the property.

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Right.

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Do you agree to the waiving of the reading of the refusal and agree with its accuracy?

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Yes, sir.

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Why don't you start your presentation?

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Thank you.

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3309 North 6th Street.

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And we are here because the property is zoned RM1.

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and we are trying to get four dwelling units approved.

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There's a bit of a narrative and a story here, which I'll get to with my witnesses,

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but in a nutshell, my client purchased this property in 2019.

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It was a vacant lot at the time.

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He hired and paid for a contractor who then proceeded to build out the property

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during construction. The city came and put a sticker on the door because it turns out that

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the contractor never pulled the appropriate permits. And when my client found out about it,

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of course, the contractor disappeared. My client was left with a shell and came to me to get it

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legalized. And you'll see in a moment the photos of

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just a really rough frame out on the property.

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But I will take you through

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these plans and I'll zoom in as we go. The basement is

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just empty. It's mechanicals and things

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like that, storage. The first floor is going to be

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one car parking with storage space

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in the back and then the second floor there is a unit in the front of the

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building and a unit in the back of the building if you go up the stairs and

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this is the front unit as you can see it's a ample size eat-in kitchen washer

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dryer and a full bath and then what we're calling an efficiency here which

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What we're calling an efficiency here, which can be a bedroom or some flex space and we'll explain why

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can be a bedroom or some

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We're working with this particular layout when I bring on the architect

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this unit is

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Mirrored in the rear of the second floor as you can see here. There's the eat-in kitchen

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washer dryer full bath

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partition with some pocket doors for efficiency a bedroom basically i would call this these junior

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one beds i think in center city parlance uh this is uh the kitchen the eat-in space

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and then the bedroom on the third floor and again it's mirrored in the front so they're

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All of the units are identical, four junior one beds.

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And then we have the roof deck, which will be accessible to all four units with a shared stairway and roof access structure.

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I'm going to show you some.

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This is the property right here.

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As you can see, it has a facade, has a garage door.

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It's adjacent to a vacant lot on this side.

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More interior shots.

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Interiors are coming up.

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So the ground level looks pretty okay.

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And upstairs, this is how the contractor left it.

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And when I call the architect, he will explain and offer testimony as to why the layout of the property is proposed

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based on the way the framing went out.

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There's proof of posting.

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In my exhibit packet, which I'm moving into evidence,

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it's actually 45 pages, 44 in this packet,

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and then I also sent the deed under separate cover.

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I sent it via email and uploaded it to the system.

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But more importantly, and we'll get into the testimony

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as to what transpired at the two RCO meetings.

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