civus
Hearing video

ZBA Hearing - February 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 7, 20245h 5m

sure that those papers were sufficient for clearance and my understanding is that it was

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correct with that being said i would ask that tim virtually raise his hand

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what's your full name mr knockamson uh tim farrell f-a-r-u-o-l or o-u-l

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tim farrell he just put his hand up here tim farrell has been unmuted and allowed to speak

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mr farrell could you state your name and spell please for the court sonographer

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it's timothy ferul t-i-m-o-t-h-y f-a-r-u-o-l right you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do please proceed counsel uh yeah tim you heard

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Oh, yeah. Tim, you heard everything I had to state today about your zoning matter.

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everything i had to say today about your zoning matter

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Here we go.

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Is that correct? Did you hear everything I had to say?

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I'm sorry. Can you repeat that? I just cut off.

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Yes. Did you hear everything I had to state today about your zoning matter?

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I did.

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Okay. Is it true and correct?

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It is.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Chair.

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no questions chair questions or comments from our attorney hillary emerson

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no questions mr chair and i can confirm uh the tax information is is all set thank you

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thank you questions or comments from the virtual audience

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i see no hands chair planning commission

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good afternoon chair peter bernard for the planning commission

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this property was remapped to icmx industrial commercial mixed use as part of a commission

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led remapping in 2017 we feel the proposal is consistent with prior uses and that the applicant

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has demonstrated uh hardship according sorry this is special exemption uh the proposal will have

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uh no more impact that can be reasonably expected at this location accordingly the

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Planning Commission recommends the board

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grant the special exemption.

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Mr. Nottingham said I'm going to hold the vote

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on this until next

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Wednesday at 2 o'clock. I just

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want to talk to the board about

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the vote and things of that nature

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and the whole project.

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Okay? All right. Thank you very much.

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But we will vote on that next Wednesday

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at 2.

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Thank you, sir.

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Is there anyone in the audience

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who had a 2 p.m. case that has not been

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called?

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i see no hands chair okay let's take five minutes then we'll come and we'll

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we'll go through the 330 list thank you chair

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bill you're muted

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Good afternoon, everyone. I will be chairing the ZBA hearings this afternoon. With me is

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our board member, James Snell.

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Present, Chair.

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Also, Leonard Palmer, LeBaron Leonard Palmer, Division of Development Services, is our alternate

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board member.

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Present, Mr. Chair.

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Our attorney, Hillary Emerson, is here, and also our executive director, Tanya Sunkett.

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Be advised that proceedings are being recorded.

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The video will be available by contacting tanyasunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and address to the property in question.

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And finally, the question answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at our schedule this afternoon.

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Number two, MI 2023, 004-828-1936 North Lawrence Street, that case is continued, attorney moving party.

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Number three, MI 2023, 004-829-2600 West Clearfield Street, that case is continued.

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And number nine, MI 2023-004-891-9969 Wisteria Street, this case is continued.

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Is there any other requests for continuance or any comments relative to the cases I've continued?

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Chair, we have Pasquale Colavita. They have been unmuted and allowed to speak.

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counsel could you sure counsel could you state your name counsel could you state your name

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please and spell for the court sonographer sure it's pasquale colavita p-a-s-q-u-a-l-e

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last name c-o-l-a-v-i-t-a regarding 11 do you do you swear or firm to tell the truth the whole

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truth nothing but the truth i do so 1145 south broad is the case you're involved with sir yes

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and Richard DeMarco, I believe, is on.

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And Richard DeMarco, I believe, is on. He represents the RCO. It was his request for the continuance.

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He represents the RCO.

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Hey, why don't I get Mr. DeMarco on to? Mr. DeMarco.

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Can you hear me, Mr. Chairman? Good afternoon.

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I most certainly can. Could you just state your name and spell for the court stenographer?

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Hello, everyone. Richard DeMarco, last name D-E-M-A-R-C-O.

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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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Yes.

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Mr. DeMarco, please proceed.

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Yeah, and thanks to Pat for initiating the discussion.

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I've been speaking with Pat about this matter.

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We had emailed a continuance request to the board on Friday.

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Mr. Calavita has informed me that he has agreed to not oppose the continuance and to present the RCO with a revised drawing.

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And I think this matter is on track for a resolution between the two parties.

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We initially were opposed and a letter of opposition was sent, but the RCO has agreed to look at the revisions.

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There's been a concession made, which I think might work, and I think we're on a track for a resolution.

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There was an issue as to the refusal, but it could be that the revision may impact that issue.

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So I'm not sure how Hillary feels about it, but we are content to review the revised drawings and see if we can work it out.

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We think we're on track for that.

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Okay, thank you.

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Hillary is fine with that, right, Hillary?

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Yes, I just wanted to jump in.

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um uh so in terms of the the refusal once the the um quiet please quiet please excuse me um once um

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once the the three plans are reviewed and agreed upon if there's still concern that the refusal

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may be incorrect please let me know and i will go back to um l and i and just ask them to take a

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look and make sure um it it is correct or if it is not correct if it needs it can it will be

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corrected to reflect very good what is being requested that's fine that's perfect so thank

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you to both parties so mi 2023 thank you zero zero four eight eight seven eleven forty five

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south broad street cases continue i just ask if if you could make it as short of a continuance as

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within your possibilities.

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I will talk to the staff

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and figure out how we can do that, sir.

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Great. Thank you.

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Mr. Chair, might I suggest

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then a continuance attorney moving party

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and the parties can advise the board

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when they're ready to have the case heard?

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Okay.

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We can see what's available at that time.

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23-004-887-1145 South Broad Street.

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The case is continued attorney moving party.

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Thank you.

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Thank you. Take care.

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I'd be excused.

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Yes, you can. Both of you.

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Thank you very much.

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Thank you.

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Any other requests for continuance?

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I see no hands, Chair.

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And I also have a case here with no exhibits.

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MI 2023-004-876-117 Laurel Street, Benjamin Carpenter and Andrew Kineck.

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This is the first listing, no exhibits.

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I see no hands, Chair.

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So MI 2023, 004-876-117 Laurel Street.

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This case is continued.

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Mark must be heard.

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We're going to go to number one.

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MI 2023, 005-000, 1604 South A Street.

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Vito Canuso is the attorney.

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There's a letter of support from East Pass Yonk Crossing

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and a letter of non-opposition

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from Council Member Squillin.

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Mr. Canuso.

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Vito Canuso, please raise your virtual hand.

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Mr. Canuso is coming back in as a panelist.

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Okay.

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Good afternoon, Mr. Canuso. Please unmute yourself.

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Good afternoon, Mr. Chairman.

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Thank you.

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State your name and spell, please, for the court sonographer.

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Vito, V-I-T-O, Canuso, C-A-N-U-S-O.

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

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I do.

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I do.

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Could you identify your client in relationship to this property?

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I represent 1604 Passion Crossings, LLC, which is the title owner of the property in question here.

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Okay.

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

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Yes, sir.

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And all your documents have been sent in five days prior?

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Correct, sir.

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Please share your screen and proceed.

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Are my documents being shown?

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Not yet, sir.

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Not yet, sir.

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There you go.

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You're coming on now, sir.

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Almost.

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Here it is.

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We're good.

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Yes.

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As you can see, I represent the owners of this building, which is from its appearance and from its prior use,

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a typical three-story row home in this neighborhood, which consists of primarily

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residential row homes. As you look down on the pictures of the individual property,

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you will see that there's another typical two-story row home to the right. And to the left,

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There's a building that I know had previously been used as a beer distributorship and has now been converted by an art foundation to an art school, art studio, and utilized by that art foundation for cultural purposes.

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I believe that this property owned by my client has been mis-zoned as a CMX2 because the previous owner who my client purchased it from purchased the property in 1964, husband and wife.

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and my client purchased the property from the estate of the last surviving spouse.

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The wife survived the husband, and her estate sold this property to my client.

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We are seeking to utilize this property as a single-family residential property.

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You will see the rear of the property also shows its only use as a residential purposes, no commercial use.

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I don't know why this was zoned or when it was zoned.

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And we tried to determine that because for the last 60 years, since 1964, as the deed shows, when the last transfer was prior to my clients acquiring it, it was used by this husband and wife as their residents.

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And it's a typical residential structure in the neighborhood.

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And the neighborhood is primarily used for residential purposes.

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And on this photo, you'll see two doors away is the corner store, which is typical of this neighborhood.

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All four corners have commercial CMX, commercial zoning.

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and happens to be on this particular corner, the closest corner to the property,

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that there are four retail uses on the first level, residential above it.

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Most of the other properties on the block until you get to the corners are residential,

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with the exception of this one store front to the left, which is now owned by the Art Foundation.

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And as I said, it was once used as a beer distributor.

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And I suspect it probably at one time was a stable for use by the local residents.

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I've presented the deed, which clearly shows that the last transfer was in 1964 to

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clearly shows that the last transfer was in 1964 to a husband and wife, and that this transfer to

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my client, the LLC, was by the estate of the surviving spouse. Here are the architectural

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plans. The property is currently physically set up for a single-family residence. The proposed use

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use is a continuation of that residential use. First, lower level would be a basement

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without any intended purpose other than to have utilities. The first floor is a typical

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row home usage diagram, which would have a living room, dining room, and kitchen. Second

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floor would be two bedrooms, happens to be capable of having two baths. And of course,

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the third floor, which is only to the front of the property. The second floor roof is at the

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third level. Third floor would be a master suite with a larger bathroom and other closets for

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living purposes. We were happy to have gone before the RCO, and as you can see, there was a

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very favorable decision by the RCO for our request to have this property used as residential.

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