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Hearing video

ZBA Hearing - October 13, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20205h 3m

the master bathroom as you can see tucked to the rear of the property are the stairs leading to

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that pilot house and that pilot house is back here which is why it was included in the height

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of the project itself but at the street line itself it's not over 38 feet or only slightly

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smaller than what will be allowed by right under the zoning code to have two units in this property

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what i have here now members of the board page 34 of the pdf which was set under separate cover

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a letter dated 5 october 2020 from graze ferry community council indicating that they support

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this project as it was presented to them so members of the board at this point unfortunately

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my client's not on the call today but i'd be happy to answer any questions that you have at this time

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um and the some of the early the earlier photographs you show there's an adjacent

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property and it looks like there are windows in the adjacent property that face yes that would

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be the brown property that's right there members of the board but as i understand what we're going

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to have and i'm showing page 31 for purposes of the record we have an existing alleyway that's

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actually between us and that adjacent property that was there that may have windows on the side

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of it so we're not building up next to it okay i wasn't sure i knew there was an alleyway wasn't

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sure what side it was on okay yeah we have an alley to the rear and then next to that property

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as well so we're not tying into that understood thank you uh questions from the board no no

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anyone else wish to testify in this case if so please raise your hand

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no hands at this time thank you planning commission good morning mr chairman and

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members of the board david effecto f-e-c-t-e-a-u with the city planning commission

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you swear to firm to tell the truth the whole truth nothing but the truth

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yes sir i do please proceed thank you sir mr chairman and members of the board this property

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is indicated for residential single-family use on the city's comprehensive plan. Most of the

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row homes on this block are two-story single-family homes. Two-family homes are the

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exception. Accordingly, we do not recommend that this variance be granted. Thank you. Mr. Moblehut,

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could you go back again? I think I saw a couple of houses that had two or three meters on them.

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uh yes that's correct members of the board um and i'm i'm unsure whether mr effecto misspoke

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or perhaps city maps haven't been updated but at the time that we filed this application this

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property was zoned rm1 um and when i pulled the information from the city of philadelphia atlas

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this was also zoned rm1 and i pulled that sometime last week thanks for clearing that

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appreciate it thank you looking down the block um at least with these initial homes i i'm not

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seeing any two meters right there i saw didn't i just see one right i believe these two homes have

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separate meters that are located very close to one another okay they may be okay two units however

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as i indicated this i believe is a four-family dwelling that was recently approved by the zoning

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board caddy corner a few literally 15 feet away as we walk from the property line across the

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street and there are as you said one uh did a rehab or whatever they put an addition on and

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then there's a new that are that exceed the two-story limit okay anyone else wish to testify

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in this case i think i asked no one raised their hand mi-2020-000689 2744 latona street my vote is

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yes. My vote is yes. My vote is yes. My vote is yes. Thank you members of the board.

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Chair, we now have Mr. Colavita. Okay. If you wish to go back to those cases.

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We now have Mr. Colavita. Okay. If you wish to go back to those cases. Yeah. I don't think we need

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to read it. Well, maybe we do. Want me to call him back? Yeah, let's do it just for the purpose of

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Master Street, MI 2020-000313, 1710 Master Street, MI 2020-000304, 1714 Master Street,

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and MI 2020-000309, 1718 Master Street.

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Presque, you swear on the firm to tell the truth

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The whole truth for nothing but the truth

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I do

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Do you agree with the reading of its refusal

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And stipulate to its accuracy

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Yes

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Also, have you emailed an exhibit packet

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With the required documents

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Proof of ownership

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Proof of tax compliance

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Copy of the refusal or referral

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Photos and plans five days prior to this hearing

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Yes

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Also, have you met with the RCO and have a letter?

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We have.

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Thank you. Please identify yourself for the record.

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Good morning, Pasqua Colavita.

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On behalf of the owners of 1710, 12, 14, 16, and 18 Master Street,

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what I did was I submitted one, and they're all in the room with me.

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I don't know whether they're able to be seen.

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They're able to watch you.

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I have them on a separate device, and I sent in a packet with a table of contents, and we can follow on that.

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So, an exhibit with me is Chai Lin, and I'll just ask her to identify herself.

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You can state your name.

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My name is Chai Lin.

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The owner of 1710 Nester Street.

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Okay.

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Can we ask her to spell her name for us first and last name?

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Yeah, and I couldn't hear.

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All right, you can just speak up.

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Okay, my name is Tari King.

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We can't hear her.

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We can't hear her.

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I'm sorry, Mr. Colavita.

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Does she have her own device?

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Well, let me see if I can.

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If I unmuted, what's going to happen is we're going to get.

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Here we go.

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She's back.

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The video is on for her. So if you step here, the problem with putting on two computers in the same room is you get the reverberation and the feedback.

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So when it's time for her to speak, you can mute yours.

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Okay.

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Thank you.

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can you identify yourself yeah can you hear me now yes yes we can hello hello please spell your

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full name hello hello can you hear me i'm just gonna have you you're gonna need to speak up very

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loud would you please identify yourself for the record yeah hi can you hear me yes

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hey pat pat why don't we wait until the end for her

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put on your put on put on your case and then we'll we'll get her at the end

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did you are you here do you hear me pat i do loud and clear my apologies i i i muted mine

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by accident let's go put on the case and then we'll get to her okay fine so with me are the

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or all the others i i'm not going to speak good into them we're having a hard time hearing you

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is this any better much better thank you okay so i i have all of the owners at exhibit a

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are all of the deeds for each of the properties uh at exhibit b uh are the tax clearance

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certificates which have been submitted at exhibit c and let me see if i can share screen

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You don't need for me to show you each of those, do you? If you want, I can. I mean,

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I can share all of them. Share as much as you can with us, please. Okay.

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So, at Exhibit A are all of the deeds for each of the properties, a copy of which has

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So, at exhibit...

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been previously submitted.

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Exhibit.

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Exhibit B are the tax clearance certificates for each of them, indicating they're up-to-date.

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At Exhibit C, are there applications for family dwelling for each of those same properties?

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at Exhibit D are the notices of refusal for each of the properties based on it's an RSA-5 zone,

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and the request is for a three multifamily dwelling. And if you look, I'll just point it

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out, which I'll kind of repeat, but with additional information, if you look at 1714 indicated it was

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previously a six-family dwelling, and 1716 was previously a six-family dwelling, and

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And if we go to Exhibit E, unfortunately, and I'll share it, I'm the second attorney

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on this matter, and there is a second architect on this matter, and neither of them nor the

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owners had a copy of the actual application for appeal, which is my standard procedure in terms

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of submitting submissions to the panel. So I just ask that the, I'm assuming that the board probably

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has a copy of these appeals somewhere in their files, or at least license inspection to do,

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and that they be submitted as evidence in this matter. And based on those applications attached

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are the architectural plans and in essence they are all similarly situated

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and constructed properties for each unit and I'll go back to exhibit F at

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another time but but I want to continue to did you make those a little bit

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larger Pat, we're having a hard time. Sure, okay and let me get out, let me share one, a few more

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documents and then what I'll do is I'll go back to each of them for you. If you can bear with me

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one second so that way I have all of them shared. Exhibit G is our notice to the RCO for each of

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the properties with proof of mailing and then exhibit H is our proof of postings

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for each of the properties.

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At Exhibit I, I will begin to explain to each.

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This is, in essence, a basis of our argument.

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So at 1710, it lists the property address, the name.

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The previous use was six-family dwelling from 1945 through 77.

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The proposed use is a three-family dwelling.

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The dimensions of the property are 22 by 1,000, and this is on all of them.

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All of them are identical of 22 by 1,000, making it a 2,200-square-foot lot.

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The structure will be a three-story property with a finished basement, and the rear yard is going to be 21 and one-half inch by 22 for about a 1,600-square-foot rear yard.

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So the total usage is about 3,000 square feet of property, and that's for each of them.

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So, again, if we go through 1712, its historic use was a six-family dwelling until 1977 and afterwards, too.

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uh, until 1977. Um, and afterwards too, the properties didn't, and my apologies on these,

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I've listed the dates, uh, 19 and on 1714, it was a three family dwelling, uh, from 10, 18 or 73.

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But prior to that was a six family dwelling from 43 to 1973 at 1716. Uh, it was a three family

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dwelling uh until it was uh raised and that was from 1972 to uh when it when it came down a few

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years back but prior to that it was a six family dwelling and and the same thing for uh 1718

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and again our request is just to have it a three family dwelling the star what i've also attached

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and I will share them but not go through them, is the zoning archives for each of these.

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So we have the zoning, which I just ask that it be submitted, you know, entered into the record for 1710, 1712, 1714 archives.

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did 1714 share? Okay, here's 1714. And then I'm going to share this zoning archive for 1716.

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And I'm going to share the zoning archive for 1718. And what those documents show are

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that this was a three-family dwelling in 76.

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It was approved.

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17, 16 shows three-family dwelling.

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17, 12, I skipped 14,

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but this is a six-family dwelling.

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And let's see.

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I think I got 16 is three family and 10 is a six family dwelling was its last use 12 again six

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family I just want to make sure that I went through these because okay and here's 14 14 was

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three-family as late as 1976, but prior to that was a six-family dwelling, as you can see here

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on page six of that document. So, continue to share here. If you go down the block at exhibit...

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I've got a blank screen, Pat.

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Oh, I'm about to share exhibit, I guess I, K. And are you able to see exhibit K?

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okay so exhibit k was uh two doors down or a few doors down at 1726 master street on

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three five of 19 this board approved it for a four-family dwelling

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and if you can and let me see i may actually

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have it on the same one okay so and and here's the proviso branded um and then if you go down

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to the same address, another address, which was 1728.

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It was approved on 621 of 19 for three family dwelling

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on the same block, just five doors down.

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And to continue, just to show you some at Exhibit L,

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What I've done was created a list of properties on the previous block, on that block, showing that that entire block, despite the fact that it's RSA 5, are primarily multifamily dwellings from, as you can see, 1623, 25, 34 through 40.

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four stories, three family dwellings. If you look even at 1711, six family dwelling,

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1723, five family dwelling. You have four stories. All we're asking and so on. I'm not going to list

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all of them, obviously, just submitting these as additional proof. If you go to the next block,

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1800 Master Street, the same thing happens. If you continue on around the corner,

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the same thing happens. If you continue on around the corner on North 17th Street, you have

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four-story, two-story, three-family, four-family, and three-family just right on the same block.

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So just to continue and actually show you what they look like at exhibit M,

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If you bear with me, I need to locate it, are photographs of the neighboring home.

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So here's a four-story property.

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To the left of this property are the client's lots.

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If we take it down another page, that's the block across the street.

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all multi-family dwellings across the street from it three stories this is

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Master Street at 18th Street as you can see the entire area is again three

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stories this is another this is at 1431 North 17th Street another as you can see

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for three unit property on that block which was previously shown and now what

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do is I'll give you a little bit clearer of photographs. Are these actually sharing at this

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time? I know that they're large, but I'm going to try to shrink. Okay, here we go. So this is

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Master Street, as you can see, approaching, I want to say this is 16th Street. So from Broad Street

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all the way down to past 19th Street.

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This is 15th Street headed south right here, the corner of 15th and Master.

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All you see are three and four-story multifamily dwellings.

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Here's another property on the same block as you continue down.

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And this one is on their block.

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So just right across the street from them is, and I'm going to try to increase it slightly, is a four-story, five-unit property right across the street from them.

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And to continue on, this one is directly across the street from their lots.

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Again, all multifamily dwellings.

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This is just west of their properties, as you can see. Four-story, four-story. Across the street from them are all three-story units. They're all under the proper height limit, but what I'm showing you are all multifamily dwellings with each of these properties.

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As you can see on Master Street, again, you have five-unit properties right next door to each other, four stories each.

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Here, again, are multifamily dwellings.

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Just this one is 1728 and 1730.

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As you can see, three mailboxes for each.

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And these addresses were placed on the same list.

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continue on a little bit further. This is a five-unit property on the same block.

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So, in essence, and if you would like, I know that you had asked about

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taking a look at the plans. What I'll do is I'll pull them up for you.

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and what they show are a three unit property, the first floor, the entrance is on the first

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