civus
Hearing video

ZBA Hearing - October 27, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 27, 20203h 7m

we object to the granting of the variance. Thank you. I think I would agree with you had it not

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been an existing one. But having said that, MI-2020-000765, 4815 Baltimore Avenue. My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Thank you.

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My-2020-SEREM.

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you got a confessor okay sorry about that no problem next one is 18th street right

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You got it, Commissioner?

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Okay.

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Sorry about that.

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No problem.

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Next one is 18.

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yes it's 18th okay mi 2020-000 774 3515 north 18th street

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adam is that you oh it is oh okay so you still under oath you're agreeing uh to waive the reading

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of his refusal and stipulate to its accuracy? I do. Also, have you emailed an exhibit packet

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with the required documents, proof of ownership, proof of tax compliance, copied the refusal or

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referral photos and plans five days prior to this hearing? We have. Also, have you met with the RCO

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and have a letter? We are planning to meet with the RCO November 5th, so we're asking to present,

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hold this matter under advisement and then have a supplemental hearing

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simply for community input.

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Good afternoon, members of the Board. My name is Alan Ockamson of Ockamson PC, 123 South Broad

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Street, Suite 1600, Philadelphia PA 19109. I'm sharing my screen.

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and I handed you a packet of materials,

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which include eight exhibits.

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The first exhibit is the deed to the property

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showing that Millennium Development LLC owns the property

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at 3515 North 18th Street.

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The second exhibit is showing that they are tax compliant

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with the city of Philadelphia.

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The third exhibit is the notice of refusal.

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This isn't-

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Excuse me, Kelsey, can you enlarge that?

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You know what, let me see, hold on a second.

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Let me see what I can do.

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Is that better?

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That's better.

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Okay.

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This is the notice of refusal.

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Even though this is an RSA 5 property, as you can see from the notes of the refusal, in 1962, the ZBA granted a variance allowing for it as a three-family dwelling.

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So all we're asking for is actually to increase it by a fourth unit.

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And really, it's a legalization of that fourth unit.

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For the hearing, I'll also, for the supplemental hearing, I'll get photos of the electric meters and such.

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It's not uncommon for this part of the Nicetown, Tioga area to have multifamily within this particular section of the city.

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As you can see, the ZBA has granted numerous variances over the years regarding properties in the vicinity.

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And then here's our application for appeal.

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I'm going to make it a little bit smaller, just easier to maneuver, if you don't mind.

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Can you still see it?

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Okay.

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Here's our application for appeal that we filed with zoning board of adjustment.

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And actually, it may be easier just to do this.

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Here is a map showing where we are in the city.

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As you can see, we're in North 18th Street

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between Benango and Atlantic.

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And then here are photographs of the property.

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Here's the front of the property.

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Again, and you'll see this from the floor plans, no basement living.

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We're not changing the physical dimensions of the property.

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And when it was sold to us, it was advertised as a four unit.

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So we're not changing the physical dimensions at all of this property.

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Here are pictures to the right of the property.

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Here are pictures to the left of the property on North 18th Street.

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uh here's a copy of the notice of the zoning poster

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and then here are our floor plans and again these are site conditions we haven't made any

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changes i'm just going to make this a little bit smaller just so it's easier to maneuver

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but again

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and there's a little typo this should be third floor but there's no basement living right

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Again, you walk into the property. The first floor is unit number one. You walk up a flight of steps. The front is unit number two. The back is unit number three. And then the third floor is its own unit, number four. No roof deck. We're not trying to add any type of additional outdoor space because we have sufficient outdoor space in the rear of the property.

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and again

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access to the

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access to the rear yard for trash uh so the trash is going to be my understanding and and i have

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rear yard for trash

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uh

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brian wise on the uh phone uh so and i did misstate that that the rear yard is for simply the first

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floor unit um the the trash there is a receptacle area right here which is not shown when we took

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the picture but he has a receptacle area that is covered uh where the trash will be stored

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so thank you you're welcome Mr. Wise can you virtually raise your hand

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while he's uh getting on do you have any photo uh photographs of the interior i will i will for

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for the supplemental healing i'll make sure they have that i did also wanted to add a

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a photograph of the meters as well but i'll get uh yeah i mean right now it's four yeah

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i didn't see in the front view in its entirety the number of boxes yeah that's a good point

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mr chair let me uh let's see um um i think another one that was a close-up of the door

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and you can see a part of two or three mailboxes let me see hold on i think this is probably

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right here yeah so you can see and again i'll get close for the hearing i'll make sure

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there's close up but you can see this is one two a there's a two b and there's a three so i'll see

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you know yeah we can't see we can't see the the three b or but all right just make sure you please

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have those for the next uh next hearing i will um well given them you know the fact is we're

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holding under advisement i'll have mr wise uh affirm my testimony uh at the supplemental hearing

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okay we can do that mr wise is available okay we can get him now if he's on yes i'm here

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please identify yourself for the record spell your first and last name please

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yes bryant wise b-r-i-a-n w-i-s-e we're infirm to tell the truth the whole truth nothing but the

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truth yes i do thank you mr mr wise you heard everything i stated today yes and is it true

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correct yes it is and would you adopt it as your own testimony yes i would okay thank you

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questions from the board no no no anyone else would like to testify in this case if so please

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raise your hand no hands here thank you planning commission

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this property is indicated for single family sorry this is peter bernard for the planning

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commission this property is indicated for single family use in the comprehensive plan

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we feel the addition of a fourth unit represents an overuse of the property additionally adjacent

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development of multi-family in a single family zone has created a collective overuse of the block

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accordingly we object to the granting of the variance okay thank you uh mi-2020-000774

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3515 North

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18th Street

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this hearing will be resumed I need a date

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and time Jason

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can we

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the date that we

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signed this morning on an earlier

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case was December 9th at

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930

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same thing

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this one will be at 2 p.m. right

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yeah 2 p.m. sir

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okay

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we've been trying to do them at 9 30 all of the add-ons okay so this case uh is this here will

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be resumed on december the 9th at 9 30 a.m at which time we will consider any feedback

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related to the rco's position and the council person's position for that district thank you

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thank you very much thank you uh frank are we uh doing which one 28 10 frankfort avenue or

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that continued? I think we're doing 3114 Frankfurt. That's right. 2018 continued. That was continued.

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Thank you. Okay. MI 2020-000-037-3114 Frankfurt Avenue.

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I'm the applicant here, Avramasik.

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I'm waiting for my lawyer to join.

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Sir, please identify yourself.

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Spell your first and last name.

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Avram, A-V-R-A-M.

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Last name, Oslik, O-S-L-I-C-K.

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You swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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The attorney in this case is Dorothy Hamill.

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We're waiting for the attorney.

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Oh, there she goes.

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Ms. Hamill, please identify yourself with the record.

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Spell your first and last name.

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Dorothy Hamill, D-O-R-O-T-H-Y, Hamill, H-A-M-I-L-L,

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Surlin, Lesser, and Benson, 123 South Broad Street,

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suite 2100

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philadelphia 19128

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we're in the firm to tell the truth the whole truth and nothing but the truth

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i do thank you you agree to waive the reading of his refusal and stipulate to its accuracy

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i do also have you emailed an exhibit packet with the required documents proof of ownership

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proof of tax compliance copy of the refusal or referral folders and plans five days prior to

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this hearing i have have you also met with the rco and have a letter uh we have they sent a letter

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um just to clarify we had had the meeting with the rco uh and originally the application was to

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was for seven units. The RCO had objected. We revised the plans to reduce the units to six,

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which had been the building had previously been approved for six units. We sent the revised plans

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to the Neighborhood Association and had requested whether they wanted to have another hearing

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um based on the revised plans i had emailed them uh two or three times but i didn't hear back

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so i don't know if that means they just were going to continue to object but

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i didn't hear anything back from that

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well let's proceed and then we'll figure this out let's proceed please

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Ms. Hamilton, I'm about to make you a panelist where you have the access to share your screen.

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Perfect.

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You would just have to unmute yourself, Ms. Hamilton.

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Okay.

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So this application is for 3414 Frankfurt Avenue.

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So the request is to increase the number of units from the current five units to six units.

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Originally, the plan was to have seven units.

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We met with the association.

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They had raised rejection.

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we reduced the number of units to six in the package there was included the

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sorry sorry for the interruption could you share any of your exhibits with us please

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can you see that now i oh yes yes yes we do okay so the the first is the refusal this is an rm1

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district. The refusal was for multifamily dwelling within seven units is not permitted.

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Multi-family dwelling within seven units is not permitted, and the minimum lot area.

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So attached is the application for the variance in which we've identified that we're not making any changes to the building at all, to the footprint remains the same.

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There will be no impact on the surrounding area.

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This property was, as you can see, the owner is in tax compliance.

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The owner is Goldfish Holdings.

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They are the owner of the property.

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and the property was originally this property this is the attached are the plans this property

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going back to the zoning file for this property at the earliest

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information is from 1940 the property since 1940 has been used for multi-family

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it was originally multifamily with commercial use which was a doctor's office

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there were originally a doctor's office and three units then a doctor's office in four units

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then there was the next miss miss miss could you shrink that a little bit because we're not

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we're only getting a partial

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let me see

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let me go down

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let me try 50

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is that better?

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can you move it to the right?

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is that better?

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if I go any

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let me see

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if I go 35

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is that better?

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I think you can see it all

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um okay so

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in

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i can

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is that any better yes thank you okay so up through uh as i

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said starting 1940, it's always been multifamily. In September of 2017, a permit was issued,

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permit number 815350 for six units. Our client entered into an agreement of sale to purchase

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the property. He subsequently, for some reason, the owner of the property decided to

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get a permit before closing, permit number 1016456 for five units, even though he had been using it

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for six units. So he had bought the property and had originally intended, as I said, for

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seven units. We've reduced it down to six units, which was previously crude.

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The owner of this property is a resident of this neighborhood, so he has a vested interest

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in the neighborhood. This is next door to a vocational technical school. It is on a street

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