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Hearing video

ZBA Hearing - August 2, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 2, 20234h 35m

I could you please state your name and spell for the court stenographer.

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Chair, we don't have Ava Domi.

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We have Elisabetta Domi.

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that that would be her yeah okay they are unbuttoned and allowed to speak

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

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yes it's eva domi eva last name d-o-m-i right do you swear or affirm tell the truth the whole

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truth nothing but the truth yes proceed counsel thank you chair uh eva you've heard my representations

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to the board today yes are they true and correct to the best of your knowledge information and

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belief yes and on behalf of yourself and your mother would you adopt them as your own testimony

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correct yep thank you questions from the board no chair no mr chairman no chair questions or

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comments from the virtual audience i see no hands chair planning commission

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ron

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i'll take that as support ron

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there he is no david oh no

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just identify we're all all a little together you're all together over there go ahead good

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afternoon chair my name is peter bernard i will be representing the planning commission

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for the betterment of the stenographer.

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My name is spelled B as in boy, A as in apple,

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R as in Roger, A as in apple, sorry,

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B as in boy, A as in apple, R as in Roger,

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N as in Nancy, A as in apple, R as in Roger,

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D as in dog.

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Do you swear to affirm to tell the truth,

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told truth, nothing but the truth?

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I do, Chair.

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Please proceed.

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This property is indicated for neighborhood commercial

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mixed use on the city plan.

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Our adoptive plan recommended no change to the existing zoning at this location.

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The applicant's hardship is not supported with evidence of unique physical circumstances that would have prevented it from being used in conformance with the code.

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The applicant could have applied for a by-right permit under MIHB program, and therefore we recommend that the requested variance not be granted.

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Mr. Ward, you're shaking your head. Do you have comments?

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uh no uh you know mr chair we we stand by the application and the presentation to the board

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the community supports it as does the councilman okay thank you mi2023 000 775 297

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walkall street i vote yes thomas holliman my vote is yes james snell my vote is yes

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thank you counsel thank you chair all right we're going to go to number two

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mi 2023 000 773 539 moore street henry clinton is the attorney recommendation of support from

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dickinson square west civic association and a letter of non-opposition from council member squilla

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Good afternoon, Mr. Chairman.

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Mr. Clinton, you've already been sworn, just for the record, state your name.

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Sure. Henry Clinton, C-L-I-N-T-O-N.

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Sure, Henry Clinton, C-L-I-N-T-O-N.

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And could you identify your client, the relationship to this property?

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And could you identify your client?

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Sure. My client is Kathleen O'Banion. She's on the call.

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Even though the property is in the name of an LLC, she is the sole member and has owned the property since 2006.

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Our vice chair has just a few questions, sir.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do, Mr. Shahid.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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We have, except the tax certification came in within the last couple of days.

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Okay, please get that over to Hillary and let's proceed and share your screen.

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And I wasn't clear. My tax certification is part of the package. I just didn't get it to her five days. I only got it to her two days ago.

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Understood.

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Thank you, Mr. Sheehy.

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Thank you, Hillary.

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May I share my screen?

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Please.

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Good afternoon, Mr. Chairman. Is this visible?

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Yeah, it is. Thank you.

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So this concerns 539 Moore Street.

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The owner currently is South Work Properties, LLC.

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My client, Kathleen O'Banion, on the call has owned the property since 2006.

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In 2013, she transferred it to an LLC based on the advice of her accountant, but she's the sole member of the LLC.

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said. These are my exhibit contents, table of contents, A1 through A11, which I ASB admitted

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into evidence. It's a pretty straightforward matter, Mr. Chairman. The refusal is, this is

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an RSA 5 zoning district, and this has been a two-family dwelling since 2006. So we're asking

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for the legalization of this two-family dwelling. And as I walk through the presentation, I'll show

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the board that since 2006, my client has had a rental license in good stead and active for two

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units, because when she purchased it, it was represented as a two-unit property.

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This is a letter of support from the RCO, Dickinson, as well as we also have a letter,

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as you mentioned, from the councilman's office in non-opposition. The community group is in full

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support as are members of the neighborhood on the block, a number 7 or 8 to 10 on the 500 block of

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Moore Street, which my client obtained. Photographs, this is the property to the right as you're looking

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west on Moore Street. Again, this is looking east. There's a two-family use here, retail on the

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first, single family above. Same thing on this corner, retail use on the first, and one or two

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families above. We have some of the zoning records at the end. And also during the community meeting,

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we learned that there was one other duplex on the block at 528 Moore Street. One of the

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the women in the audience revealed that to everyone.

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This is the listing that appeared.

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My client happened to retain it from 2006.

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We printed this out in July.

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So it says 2003, but it's 539 more.

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And it's represented as a duplex, a two family dwelling.

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There are two one bedroom units in the property in 2006.

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And it's continued that way up until the present time.

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The front of the building with our postings, just one or two photographs of the inside.

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This is a doorway leading into the property with the door leading to the first floor.

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And then the steps are in the foreground leading up to the second floor.

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Again, it's just a two-story structure, not three stories in any way.

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These are the meters that are in the basement.

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Again, this has been in play since 2006.

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There's a meter for the first floor unit, one for the second floor unit.

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and one for the common areas, the hallway, as well as the lights in the front and rear yard.

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Floor plans, basic, Mr. Chairman.

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Again, one bedroom on the first floor, kitchen, living, bath,

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and one bedroom on the second floor,

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repeating what we have on the first floor as kitchen, living, and bath.

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The remaining documents are the application documents.

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Here's our tax certification. As I said, we just we just got this recently on August 1st.

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Zoning map indicating an RSA designation. And these are the deeds. Again, as I said to the chair at the outset, in 2006, my client purchased the property, has had it continuously since that time.

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And then for recommendation of her accountant in 2013, she just transferred it to her.

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recommendation of her accountant in 2013, she just transferred it to herself. And we do represent,

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and my client will adopt my testimony, that she is the sole member of South Work LLC.

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Next is our notice letter to the neighborhood. And then we have the zoning records just to show

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the board that at the corner 1800 south 6th this is a retail on the first and an apartment on the

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second floor these are the accompanying zoning documents indicating take out on the first and

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one apartment above. This is the use permit for the one family, as well as the retail on the

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first floor. And then this is a key document, Mr. Chairman. This is an active rental license

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issued to Kathleen O'Banion in September of 2006, shortly after she purchased it

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as two units, and she's been paying this rental license for well over 15 years.

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So with that, I'd like to suggest to the board that this warrants consideration for a long standing use of a property.

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My client was not aware that it was not a duplex.

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And interestingly, the way she came about knowing it is she decided to do some work in the rear of the property.

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And when she applied for a permit, the L&I examiner told her this is not a duplex.

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She said it's been a duplex all these years. So she did the right thing.

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She approached me. She went through the application process and she wants to legalize what has happened in actuality, as I said, since 2006.

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We're not altering the essential character of the neighborhood. There's other duplexes on the block.

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We're not expanding the footprint or the use. We are in harmony, basically, with what the neighbors agree to and in harmony with the code.

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And we're not impacting anyone's or any adjacent property's development or late in error.

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Why don't you bring Ms. O'Banion on, please?

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Okay.

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Ms. O'Banion, can you unmute yourself?

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Chair Kathleen, O'Banion has been unmuted and allowed to speak.

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Hi, could you state your name, please, and spell for the court stenographer?

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Kathleen, you're muted.

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Am I still muted?

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No, you're fine.

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Could you state your name and spell for the court stenographer?

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Kathleen, K-A-T-H-L-E-E-N, O'Banion.

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capital O apostrophe capital B A N I O N. Right. Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth? I do. Proceed, counsel. Thank you, Mr. Chairman.

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Ms. O'Banion, have you heard my testimony during the Zoom call? Yes, sir. If you had the opportunity

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to testify, would you adopt my testimony as your own and as true and correct? Yes. And just one

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other question. Have you owned the property continuously since 2006? Yes. Thank you,

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Mr. O'Bannon. Questions from the board? No, Chair. Ish? No, Mr. Chairman. Thanks, Tom. Ish? No, Chair.

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Thank you. Questions or comments from the virtual audience?

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chair i see no hands at this time planning commission uh ron bednar i'm back

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the property is indicated for residential use on the city plan given its

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documented use history and physical condition of the site recommend the quest variance be granted

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Thank you. MI 2023-000-773-539 Moore Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you, counsel.

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Thank you, Mr. Chairman.

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Okay.

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Okay, number six, MI 2023-009-10905 Diamond Street.

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Vernon Anastasio is the attorney.

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We were waiting on an RCO letter.

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This Anastasio is coming back as a panelist now, Chair.

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Mr. Anastasio, just for the record, state your name.

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You've been sworn several times.

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It's Vern Anastasio, A-N-A-S-T-A-S-I-O.

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I represent Mahmoud Yamin.

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Okay. Our vice chair has a few questions for you, sir.

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Okay.

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Our vice chair has a few questions for you, sir.

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Thank you.

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Thank you.

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Good afternoon, counsel. Please use me to read the reading of the refusal and stipulate it with accuracy.

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I do.

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I've emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing.

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Yes, sir.

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Thanks, sir. Please proceed and share your screen.

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Okay.

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right 905 diamond street

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uh it's zone cmx2 my client literally bought this just at the beginning of the year

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um it was brand new triplex three family dwelling one unit per floor and

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it's this property here where my cursor is and um i want to show you i mean it's just

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really nice property

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and when he looked at the property this is what he found

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fully rehabbed

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triplex

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four electric meters, one for each of the units and a house meter.

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So prior to settlement, he thought he was doing his due diligence and went through the city's sites and page 24 of my exhibit packet.

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he sees that zoning and use registration permits, as of last year, in fact, just about a year ago,

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complied. And in order to make this a compliant issue, Ellen and I would have had to go out

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to the site and inspect the property itself. So relying on this, he proceeded to go ahead and

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purchased it in January for just about a half a million dollars. And then he finds out subsequent

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to the purchase that it's not zoned for three family dwelling and that it's CMX2. RM1 adjacent,

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but still CMX2. So this is the layout of the property. Each unit pictures really do it justice,

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But here's the first floor. Here's the second floor. And that's the basement. There's the third floor. Basement's just mechanicals.

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so he's in this predicament now where he spent about a half a million dollars on a property

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even after checking to make sure lni had uh it was used marked that use complied

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uh just to find out that in fact it's not the corridor itself although it's cmx2 there's no

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there's no real commercial on this block right next door is a triplex

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on the other side of the property is a boarded up commercial space four units above

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there appears to be a beer deli on the corner and the beer deli is the extent

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unfortunately of the commercial activity on the block 909 and 911 is a church

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907, of course, is our prop, 907 is a triplex next door.

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905 is our property.

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The adjacent property, as I said, is vacant with four units.

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And I believe this is the beer joint.

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This property was multifamily zoned, got the zoning for it,

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but that now is just boarded up

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it with a gate around it and overgrown leaves, weeds. There's a vacant lot here. And then these

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two properties are older single-family homes. And then one large multifamily apartment building is

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being built. So save the beer deli if it's still open. There's absolutely no commercial activity

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on this block right across the street is a basketball court so for those reasons because

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