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Hearing video

ZBA Hearing - September 29, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20205h 55m

um testify should they wish to do so thank you thank you okay are we going to number two

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and did we handle 5506 baltimore avenue

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does anyone remember that that was yes that's going to be continued yeah that we did that earlier

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yep that was number one on the sheet that's okay gotcha yes mr goodman is going to work

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with the applicant to contact the RCO. Thank you. Calendar number 40048920 French

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Street. The attorney is Allen Nockamson. Good afternoon. Can you put your name and

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address on the record please? Yes, Allen Nockamson, Nockamson, PC, 123 South

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Broad Street, Suite 1600, Philadelphia, PA, 19109. Do you swear or affirm to tell

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the whole truth and nothing but the truth? I still do. Okay, and do you agree to wait the reading of

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the refusal and stipulate to its accuracy? Yes, I do. And have you mailed the exhibit packet with

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proof of ownership, proof of tax clearance, copy of the refusal, referral, photos, and or plans of

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the property five days in advance of this hearing? And have you met with the RCO and do you have a

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letter yes in all respects thank you all right i'm going to share my screen

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i think this is a little bit less complicated of a project uh i'm regarding 920 french street

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same packet of or type of exhibits eight of them the first is the d to the property showing that

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V2 Properties LLC owns the property. I present on many occasions to this board properties that

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V2 Properties has requested variances for. As I stated on each occasion, V2 Properties is one of

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the larger home builders in the city of Philadelphia. They build approximately 100 or so

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units a year. They are well regarded not just in their volume, but also their quality of their

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work product the last two years the philadelphia inquirer has recognized them as developer of the

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year so you know they really focus not on just volume but also quality and their work product

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after the deed i have the certificate of tax clearance showing that they're in good standing

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with respect to this property and then i have a notice of refusal and this is probably one of

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a few occasions where I'm trying to reduce the density in a way and seeking by way of variance.

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This is a CMX2 property. So we're allowed to build a commercial unit on the first floor and

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two residential above. It's completely inappropriate to have a commercial component

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with respect to this property. The lot size is only 595 square feet. The width of the property

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is only 14 feet. There's no way we can have a multifamily aspect to this property.

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and commercial would not survive here given the surrounding neighborhood so we're asking to build

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simply a single family house and there are two refusals first of which is that we're eliminating

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the commercial component uh because this is a cmx2 property and the second of which is the open area

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and as you'll see from the you know our drawings it's just the lot is just way too

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narrow and not long enough, where if we tried to build something as of right, we would have

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a property where it's not wide enough to put stairs in the middle, right, you know, and it's

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not long enough to put the stairs going straight back. So we really do, this is really an undue

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So we really do, this is really an undue hardship situation.

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hardship situation.

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After this is the application for appeal that we filed to the zoning board adjustment,

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along with the project information form for this property.

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And then here's, you know, the zoning map.

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Now, this is a very multifamily part of town.

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Unfortunately, given this lot size, you know, we cannot build something where it has any multi-unit function.

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and then there's photographs of the property as you can see it's a very very narrow lot

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you can see our posters and then you'll just see our plans and it's the typical

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v2 property uh single family uh house uh you you walk in you have uh what's it called you're

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walking on the side here because we have a corner property it's an open floor plan living room dining

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room and kitchen we have a family room in the basement and then we have three bedrooms and

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two baths with a master suite on the third floor, two bedrooms, one facing each, the

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front and the rear, with a bathroom in the middle.

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And then we have a roof deck as well.

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And we met with the coordinating RCO APM, and they are not in opposition to this project.

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So I have Bill Archer, one of the directors of V2 property.

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So Bill, can you virtually raise your hand?

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Mr. Archer, you can unmute yourself and wait to be sworn in.

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Can you hear me, Al?

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Yes.

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Bill, can you state your name and address for the record?

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Yes, sure.

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Bill Archer, 130, Clover Lane, Berkey-Omanville, Pennsylvania, 18074.

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Sorry, we didn't get that.

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Just give us your name again.

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Sure.

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Bill Archer, address is 130, Clover Lane, Berkey-Omanville, Pennsylvania, 18074.

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Swear and affirm to tell the truth, the whole truth, and nothing but the truth.

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yes

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you have to give that some thought

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I think

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we had technical difficulties

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I know I'm being facetious thank you

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thank you

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Bill you heard everything I stated

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today

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yes

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is it true and correct

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yes

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and do you adopt it as your own testimony

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yes

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all right thank you thank you any questions from the board

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no no anyone else wish to testify in this case if so please raise your hand

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no hands raised for this one thank you planning commission

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so this property is indicated for commercial mixed use in the city plan the um so the zoning

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dates back to a structure that no longer is there and the block is otherwise single family

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residential accordingly we uh have no objection to the ground universe and that was ron bednar

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from planning uh calendar number i'm going to read off the way you read it four zero zero four

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eight nine two zero french street my vote is yes my vote is yes my vote is yes my vote is yes

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thank you

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calendar number three nine one two nine five four two five hunter street sean board is the attorney

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mr ward good afternoon hi put your name and address on the record please

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yes mr chair members of the board sean ward on behalf of the applicant

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dan valentino my address is 331 east street road trevos pennsylvania

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1-9-0-5-3. And do you swear or affirm to tell the whole truth and nothing but the truth?

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I most certainly do. Do you also agree to waive the reading of the refusal and stipulate to its

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accuracy? Yes, we do. Just another question. Have you emailed an exhibit packet with the required

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documents, proof of ownership, proof of tax compliance, a copy of the refusal or referral,

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photos, and or plans of the property five days in advance of this hearing?

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photos and or plans of the property five days in advance of this hearing, and

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And also, have you met with the RCO, and do you have a letter?

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And then...

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Several answers to those questions.

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The one PDF file containing all my exhibits was emailed to the board yesterday,

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as I stated this morning, due to time constraints with other hearings.

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There is a letter of opposition from the RCO, although no meeting was held.

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I will explain that as I go through the exhibit packet, if that's okay.

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At this time, I'll share my screen.

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Present with me today on the virtual hearing is Dan Valentino,

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and I will have him adopt and affirm my representations to the board.

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Okay, can everybody see my screen?

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Yes.

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Yes.

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Yes.

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okay very good uh i've i've submitted my typical exhibit packet which includes

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a1 is the notice of refusal again as this morning this is a permit for a two-family

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dwelling in an existing structure um let me move it over to the other side

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um two families not permitted in the district therefore we seek a use variance today

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a2 is the zba application of appeal a3 is the project we lost you

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don't always we hear your voice we only see uh google whatever that is yeah we don't have any

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see any plans now we have stuff okay this is your uh exhibit summary yeah i'm sorry i have dual

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screens and when i move it over to the one that's in front of the camera it it gets lost i'll leave

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i'll leave it where it is all right okay uh a2 is the uh zba application of appeal a3 is the

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project information form a4 deed a5 proof of tax clearance a6 are floor plans a7 are photographs

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a8 is the rco uh summary and the meeting request emails a9 is the rovin zoning history if there

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was any, but none was found. A10 is the permit history for the subject. A11 is the history for

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the adjoining properties at 5427 and 542-900. A12 is the zoning map. A13 is the aerial photograph.

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So we have the notice of refusal, the application, appeal transmittal, copy of the application of

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Appeal project information form. Copy of the deed you'll notice it was purchased

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on December 21st 2018 that'll come into play when we get to the violations and

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the history of the property. Here we have tax compliance it's actually overpaid

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for the year 2034 these are the floor plans as existing again this property was configured as

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a two-family dwelling when it was purchased you'll see on the first floor plan there is an existing

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vestibule common entry you would come in the front door and immediately turn left for the first floor

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apartment you would enter the living room there's a center kitchen and dining area and a bedroom in

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the back with a full three-piece bath. The second floor, you would enter the steps and come into the

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hallway. The living room is in the front. There's a bedroom in the middle, an eating kitchen, and

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then a bedroom in the rear with a common three-piece bath serving both bedrooms. This is a picture of

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posting on the front railing of the property. This is the subject with the poster on the railing.

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These are google photos showing the property in or about July of 2019. You can see it's boarded up

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and it's got the candy stripe poster on the front window. This is looking down the block.

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You have two occupied structures to the right. I believe them to be single family residences

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and you have various garages fronting on hunter street the next photo shows two vacant properties

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to the left of the subject and a auto service business located beyond that

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the rco submitted a letter back in march of a vote of eight opposed and you'll see that they

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were all the board members of the committee nobody from the public attended the meeting

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we were unaware of the meeting so that's why we did not attend

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going down through the emails. The original notification came out in

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going down through the emails the original notification came out in

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November of 2019, at which time we requested a meeting. The meeting was scheduled for February

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27th again, but we did not receive notice of that. That's when they submitted their letter.

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I requested by email on March 6th that another meeting be scheduled to discuss the property.

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uh sheila buchanan from hestonville indicated that they would try and work in another meeting

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but despite well obviously covid hit and then despite repeated requests uh beginning

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on august 21st when i received notification from uh the planning commission that it was

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from the zoning board that it was rescheduled for september 29th i requested that a meeting be held

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Again, on August 27th, I requested that the meeting be scheduled, and then finally on September 15th, requested that the meeting be scheduled.

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So while the RCO committee held a meeting without the applicant and no public attending, I would submit that the letter be given the weight and authority that it deserves under the circumstances.

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In addition, the letter was submitted well after the initial 45-day period in which the RCO could hold a meeting.

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With regard to this property, it was registered as a vacant structure following a violation prior to my client owning the property.

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He is the principal of Steamboat SCM Fund B LLC, which is the current owner of the property.

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so that that code violation was resolved december 14th of 2017 i presume the then owner obtained a

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vacant property license with regard to the adjoining properties you'll see 5427 hunter

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street is a vacant structure as well as 5429 is a vacant structure i did not see any violations

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on the two single family residences to the right of the subject here is the zoning map

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obviously it's a zoned rsa5 and the aerial photograph so while this property was vacant

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my client purchased it again performed the routine interior fit and finish improvements

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to the property no structural changes were made and now upon attempting to obtain rental licenses

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it was discovered that it's not zoned as a duplex despite being configured as such therefore we seek

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relief from the board to proceed with the licensing of the property and getting it occupied and

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on the tax rolls mr valentino if you could raise your hand

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he's available to

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Dan can you unmute your

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connection

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Dan Valentino, can you hear me?

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If none of the board members have questions for Mr. Valentino.

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Dan Valentino here, sorry.

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Technical difficulties, I was unable to unmute at the moment.

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Okay, Mr. Valentino, please spell your full name for the record.

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Daniel, D-A-N-I-E-L, Valentino, V-A-L-E-N-T-I-N-O, address 2930 Jasper Street, Philadelphia, Pennsylvania, 19134.

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We're in a frame to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you.

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Dan, very quickly, you've heard my representations to the board today?

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Yes, I have.

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Are they true and correct, at the best of your knowledge, information, and belief?

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Yes, they are.

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And you adopt them as your own testimony?

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I do.

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Thank you.

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Valentino, how did you purchase this?

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Did you throw a realtor?

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It was an off-market transaction.

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There was no realtor.

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It was, I'm trying to think, Hunter.

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It was just a fellow investor, I believe, let us know about it.

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This was a pretty heavily distressed house.

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Well, portfolio, rather.

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Not necessarily the house itself, but it was a distressed portfolio.

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But it was a distress portfolio. This house, when we purchased it, we didn't notice any violations from L&I on the project. And when we walked in, it was, in fact, configured as a two-family. So we proceeded as such in our fit and finish of the unit, assuming that it was indeed a two-family house.

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This house, when we purchased it,

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And when we went to obtain our rental license, that's when we got noticed that it was not, in fact, zoned as a two-family.

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I have a question, Mr. Chairman.

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Is there any pictures, interior pictures?

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