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Hearing video

ZBA Hearing - February 7, 2024

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

The applicant's proposal, rear two-story addition, dimensional variances are minimum and do not conflict with the spirit of the zoning code.

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Therefore, City Planning Commission recommends that the board grant the proposal.

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Thank you.

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MI 2023-004-602-2934 South Sydenham Street.

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I vote yes.

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James Snell, my vote is yes.

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LeBaron Leonard Palmer, vote is yes.

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Sir, you have your votes.

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Thank you.

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Thank you.

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Thank you.

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Thank you, everyone.

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Thank you so much.

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Okay.

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Number 17.

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MI 2023-004-817-6041 Frankfurt Avenue. Melissa Camacho is the owner-applicant. This is a pro se.

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Melissa Camacho, if you're in the virtual audience, please raise your hand.

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Chair, Melissa Camacho is coming back in as a panelist now.

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Good morning.

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Do you hear me?

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Yes.

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Could you, we'd like to see your video.

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Could you please put yourself in the video?

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Sure.

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Good morning. Could you state your name and spell it for the court stenographer?

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My name is Melissa, M-E-L-I-S-S-A, and last name is Camacho, C-A-M-A-C-H-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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So this application is for the legalization of a retaining wall and fence at the front and deck of the rear existing structure.

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The deck's accessed from the first floor only with no access from ground for use as a two-family household living.

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A two-family household living is prohibited in the RSA 5 zoning district, and the fence exceeds maximum permitted height of four feet, allowed six feet, and I can see 50% to 100%.

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We don't have an RCO letter at this point.

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We don't have an RCO letter at this point.

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Have you, all your documents were within five days?

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You mailed everything in, ma'am?

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Yes, sir.

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All right, so why don't you proceed and start your testimony?

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Is there a way that they can move me next because my system's updating right now?

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who would put a zoom and i won't be able to send you the information presented well we don't want

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you to send this we just want to see it on on on you can't get it up online yes yes

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okay all right right now we'll get back to you later okay thank you

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Okay, so

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Case 1, MI2023

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001-117

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2644 East

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Ontario Sheet. Joseph

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DeFelice is the Attorney for the Owners.

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There's a letter of support from

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ProPAC, and there's also

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a letter of support from Council Member

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Driscoll.

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Joseph DeFelice will be joining us as a panelist.

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Good morning, Mr. DeFelice. Could you state your name, please, and spell for the court stenographer?

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Yeah, it's Joseph DeFelice, J-O-S-E-P-H-D-E, capital F-E-L-I-C-E.

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Right. Do you swear for him to tell the truth, the whole truth and nothing but the truth?

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I do.

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Could you identify your client, the relationship to the property?

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I do. I actually have Stanislaw and Bozina Walski, 2644 East Ontario. I also have their

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adult daughter who lives at the property, Eve Roskowitz, because Mr. and Mrs. Walski have

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limited English. So we were going to call Eve, if possible, to talk a little bit more about

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um the proposal no re we okay with that um that is fine are you able to are the owners able to

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um are you say they're there and you're they could adopt your testimony i understand they

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may not be able to testify but they could adopt your testimony correct okay so if we need their

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daughter to answer any questions that that would be fine but we'll just at this point just have

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plan to have the owners adopt your testimony. Thank you. Do you waive the reading of the

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referral and agree to its accuracy? Yes. And have all your documents been within five days?

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Yes. Please proceed with your case. Good morning, everyone. Thank you for hearing our case. This is

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the second time that we're in front of you today. We were in front of you back in August. We

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We inadvertently submitted plans for a five-foot fence, but it was actually a six-foot fence.

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We had gotten two sets of plans drawn up.

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However, all notices to the community, to the neighbors, were all for the six-foot fence.

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So we received an amended refusal and are back in front of you today.

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Why don't you share your screen with us?

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Sure.

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Let me do that.

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Okay.

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thank you sir no problem so um as you can see here is this is 26 there's a the letter from

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from propact um sorry men of appeal or refusal this is the property it's it's a 2644 east

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ontario street next to webb street and as you can see these are the pictures of the

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Why don't you go back? I didn't I didn't catch that one. Let's see that one photo. Yeah. So that's the fence where that it's on. This is the yeah, this is the current four foot wrought iron fence. And the quest is for a six foot opaque fence. And as you can see from the drawing here, this is how it's currently laid out. It's really no change. It's just extending from four foot to six foot.

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We understand, you know, what the law is in place.

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However, this issue that we've had at this corner has been subject to break-ins in a garage from people hopping the fences.

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It's very close to Aramingo Avenue, if you're familiar with Port Richmond.

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Tremendous amount of trash buildup, drug paraphernalia into the driveway.

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There's kids at this property.

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So this has really become a safety and security issue for the owners of the property.

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That block of Webb Street, which runs along, is all detached garages built to the same line.

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which runs along is all detached garages built to the same line that are probably four to five feet

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higher than the current fence would be proposed. And corners in every direction, there's houses

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built to a similar property line. And these are longtime Port Richmond residents that frankly

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just want to better their property and want to have safety and security there.

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okay um let me see the photos one more time if that's possible

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so the fence goes where the where that is is exactly where that is so you're just replacing

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that fence with the six foot fence okay okay um one you do want to have your client uh adopt your

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testimony? Sure. Eve, can you ask your parents to please unmute to adopt the testimony?

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Well, excuse me. Hi. Bozenna Waliski has a hand up. Yes. I will allow her to speak.

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hello hi good morning could you state your name please and spell for the court stenographer

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this is the daughter eve and i have my mom here with me um she does not speak english too well

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um but i will have let me let me ask you this could could we get her to spell her

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say her name spell it and then just respond to the council yes why don't we do that

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When you bring her one, I'll ask her her name.

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Okay.

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Bozena.

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All right.

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Good morning.

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Could you state your name, please, and spell for the court sonographer?

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Okay.

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My name is Bozena Walski.

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Spell it.

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First name is B-O-Z-E-N-A.

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And second name is W-A-L-S-K-I.

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

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yes please proceed counsel yes um miss walski you just heard my testimony with respect to uh

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the property of 2644 east ontario yes and do you adopt that as your own yes

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all right thank you counsel questions from the board

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no chair

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chair this is the court reporter could i please

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confirm the last name of the daughter eve

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you uh mr d fleece do you have the spelling there could you

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say the last name of the daughter yeah well it's it's roskowitz it's um

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sometimes with the polish names are a little bit uh a little bit harder to

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spell. So it's R-Z-O-T-K-I-E-W-I-C-Z. Thank you. Byron? No questions for me. Thank you.

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Questions or comments from our attorney? None at this time, Mr. Chair.

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Why should there's a comment from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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This is Ron Bednar, City Planning.

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The comprehensive plan recommends no change to the existing residential single families only at this location.

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The applicant's hardship has not shown that an economic detriment would occur to the property if they were required to conform with the fence height and opacity standards in the zoning code.

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Therefore, the City Planning Commission recommends that the board deny the proposed variance for fence height and opacity.

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Thank you.

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MI 2023-001-117-2644 East Ontario, I vote yes per amended refusal dated 11-8-23.

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James Snell, my vote is yes with Proviso.

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LeBaron Leonard Palmer, my vote is yes with Proviso.

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Thank you, counsel.

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Thank you.

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You have your votes.

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Thank you very much.

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Number four, MI 2023, 004-819, 1615 East Galwin Street.

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Thomas Kenney is the attorney for the owner.

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Letter of support from the 50th Ward Executive RCO.

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Mr. Kenney.

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Chair, I see no one with their head up by that name.

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Chair, I see no one with their hand up by that name. We have a Jacob Reeder.

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We have a Jacob.

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Jacob Reeder may be the attorney for this case.

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Okay, thank you.

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Jacob Reeder is coming back in as a panelist, Chair.

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All right.

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good morning can everybody hear me i can mr reader could you state your name please and

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spell for the court sonographer i'm sorry chairman this is thomas kenny sir this is

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that's my paralegal who set me up today so that's fine that's fine just state your name please yes

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sir it's uh thomas kenny on behalf of the applicant all right and just for the record

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spell your last name? Yes, sir. It's K-E-N-N-Y. Right. Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth? I do, sir. Could you identify your client,

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the relationship to this property? Yes. He is present. I'd also ask him to,

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when it's appropriate to have him be allowed. His name is Dr. Dotan Adda Bamiro. I will spell

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the last name for the court reporter. It is A-D-E-B-A-M-I-R-O. He is the owner of Femex LLC,

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F-E-M-E-X LLC, the owner of this property. Okay. Do you waive the reading of the refusal

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and agree with its accuracy? I do. Have all your documents been within five days prior?

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yes sir please proceed and share your screen

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give me one minute there's i'm getting that lined up now can you share

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yes okay

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i'm going to raise my hand okay my assistant will raise his hand so he can i can have him scroll

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through. Okay. What's the assistant's name? He is actually the real Jacob Reeder. The real Jacob

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Reeder. I was the impersonator this morning. All right. We will just let him use the screen and

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he won't testify. Correct. Thank you, sir. Mr. Reeder, can you raise your virtual hand?

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chair i don't see another hand up at this time may i just have one moment sir

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sure he he's been promoted chair he just starts sharing his screen all right thank you

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We'll get him to share the screen and he'll testify.

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Thank you, Chairman.

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Mr. Reeder, please share your screen.

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Good counsel. Thank you if may please this honorable panel.

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We are asking only to legalize an existing use.

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This property, which is located at 1615 East Gowan.

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The first page of our exhibit is the public meeting that we went to.

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This was back in October 12, 2023.

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We have RCO support if we can just scroll up.

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we went we've sent all the applicable notices to everyone

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okay right here so stop stop stop go back this was the refusal uh this is normally a rsa3

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property um the property was built out as far as we know historically throughout that entire

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neighborhood as duplexes and that was the intent that was done for many many years if we could go

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up to the rco letter there we go so we went to the meeting we do have rco support the next page please

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We went to the meeting. We do have RCO support. The next page, please.

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Very nicely worded by Ms. Sizemore, the RCO coordinator.

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This was the essence of our presentation.

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There is in the neighborhood at six, besides our block, there is a Lane Street, McPherson Street, Romeford Avenue, Murdoch.

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We found at least, I believe, 30 or so properties that were similar to this.

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They were built out by the same contractor, we believe.

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My client purchased it as a duplex.

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He thought that's what he was advised by his realtor.

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I said there would be no work being done to this property.

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It is already built out for two bathrooms, two units, separate utilities, and the like.

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Everything has already been separated and separate entrances and everything else.

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Why don't you show us photos of the property?

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Please show photos, Mr. Reeder.

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That's the front.

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Two garages.

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separate entrances

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separate kitchens separate bathrooms

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