civus
Hearing video

ZBA Hearing - September 23, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20205h 18m

at exhibit they're mirror plans but they're at exhibit

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14 and 20.

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So apologies for the sideways scan, but you can see here that it is a first floor commercial

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space with steps down to the basement and then the interior photos of the property show this as well

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you can see it's commercial space first floor open this is another view of the first floor

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and then there's a half bath and then this is the basement of the cellar so we're just seeking a

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variants so that we can register uses in the previously approved commercial

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units this time I'd like to have my client adopt my statements if he if he

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can be promoted you know could you raise your hand on the zoom

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Hello, this is Guido. My name is Guido Jaramillo, G-U-I-D-O, J-A-R-A-M-I-L-L-O,

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address 6129 Delaware Crossing, Coopersburg, PA.

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Are you going to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you. Please proceed.

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Mr. Jaramillo, have you heard my statements?

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I have.

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um and you're the owner of um desi properties llc i am and they are the owners of 1848 north

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hancock and 1849 north palethorpe that's correct um and you heard my statements i have

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uh are they true and correct they are do you adopt them as your own i do

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um at this time i'd be happy to answer any questions from the board

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questions from the board no no no anyone else wish to testify in this case if so please raise your

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hand here we have slum folks from the council person's office good morning mr folks you're

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still under uh you're still you were sworn in you're still under oath thank you morning chairman

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and zba board sloan fuchs sloane fs and fire o lks office of councilman maria quionez sanchez

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room 508 city hall uh regarding the uh reference request for the properties located at 1848 north

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hancock streets and 1849 north pale um 1849 pale thorpe street uh the applicant has met with uh

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the rcus uh regarding both properties and has garnered a letter of support uh therefore the

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councilman is submitting a letter of support also thank you thank you anyone else wish to testify

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in this case no more hands chair thank you planning commission

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Ryan Munrick, City Planning. This property is zoned for residential use on the city plan,

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but due to its previous zoning and previously approved plans, we have no objection to the

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granting of the variance.

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Thank you. Calendars number MI-2020-000209 and MI-2020-000210. 1849 Pailthorpe Street and 1849 North Hancock. My vote is yes on both.

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my vote is yes on both but it's 1848 north hancock street

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sorry about that 1848 north hancock and the other was 1849 palethorpe yes

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so my vote is both uh yes on both yes on both yes on both yes on both

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yes on both yes on both

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thank you thank you thank you calendar number mi 2020 000 227 433 pierce street

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This is an application for a permit for the erection of an addition

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above an existing two-story attached structure with roof decks to be accessed by second and

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third floor for use as a one non-accessory parking space at the ground floor and two dwelling units

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household living above. The size and location is shown in the application and plan. No signs are

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on this permit. The applicant is Neely Tang. We have Vern Anastasio. Oh Mr. Anastasio can you put

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your name and address on the record please? Good morning Vern Anastasio that's V like Victor E-R-N

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like Nathan, Anastasio is A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Suite 1006, Philadelphia,

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19107. Here today before the board representing owner Neely Tang for 433 Pierce Street.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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have you also emailed an exhibit packet with proof of ownership proof of tax clearance

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refusal referral photos and plans of the property five days in advance of the hearing

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and have you met with the rco and if so do you have a letter yes on both thank you you may proceed

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okay this is um a long neglected uh property uh on peer little pierce street uh at pierce

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street itself is a long neglected street very few homes on the block it's mostly a little tiny

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street that's full of either empty lots boarded up properties or garages and what we are proposing

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is for the first floor to have a garage there's already an existing curb cut

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and then on the second floor we'd have one family dwelling and on the top floor we'd have another

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one family dwelling. We'd have two decks one off the second floor rear one off the third floor rear

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as we see here. This is the exterior rendering in the garage here once one family dwelling here on

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second floor one family dwelling on the top and this is the rear elevation with the two decks

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we met with the community group first let me uh let me do this first

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we've got our tax clearance our settlement sheet

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and this would ultimately be an opportunity for some life to be breathed into this long

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neglected property and it'll be you know one of the first hopefully of many new developments on

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the street which again is in desperate need of rehabilitation i have as well

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i thought i had a dickinson square west civic association letter i believe you have that in

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the record they sent that to you directly and they are in support of the granting of the variance

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and with that if you can if you can confirm that that would be helpful otherwise i can pull it up

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madam vice chair you're asking me to confirm that i can see the refusal if you have no if

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you have the community letter that was sent to you i know i certainly have that

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it was sent to us subsequent to submitting you should pull it up please very good

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just give me one second okay i appreciate that i had it up i don't know where it went but

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Just give me one minute.

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Vern are you trying to pull something up from a different um yes yes so you can unshare the

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screen if it's not in this list here it's not so unshare the screen okay hold on click the green

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button I gotta hope I have to open up fully again right I do a new share I'm

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to click the green button to take away this year okay do you see it now yes the letter that you

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sent yes this is Dickinson Square West do you see it yes wonderful and here it is it's dated

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September 17th they met with my client has met with the Dickinson Square West and as you can

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see right there, they support appeal number 39899. And with that, I'd like to ask my client

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to identify herself. Ms. Tang? Hello, this is Neely Tang, N-E-E-L-Y. The last name is Tang,

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T-A-N-G. I live at 820 Bainbridge Street, Philadelphia, PA, 19147. Thank you, Ms. Tang.

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Ms. Tang, did you hear my presentation to the board today?

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I'm sorry. Can she be sworn in first?

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Oh, I'm so sorry.

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Ms. Tang, do 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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Ms. Tang, did you hear my presentation to the board this morning?

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I did.

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And was it true and accurate to the best of your knowledge?

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Yes, it is.

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And would you adopt my presentation as your own testimony if need be?

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I do.

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Thank you very much.

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and with that that concludes my presentation mr chairman any questions from the board no no no

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

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no hands at this time thank you planning commission

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Brian Wenrick city planning this property is indicated for residential use on the city's

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comprehensive plan due to the existing block character we do not believe this proposal will

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have any negative impacts on the surrounding area accordingly we are not opposed to the granting of

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the variance thank you carol when you read this off did you not give me an mi number yes i did

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mi-2020-000227 all right because verne has it as the calendar i guess either one does it matter

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yes it's fine okay mi-2020-227 433 pierce street my vote is yes my vote is yes

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my vote is yes my vote is yes

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thank you all tanya i have a question can i read off the appeal numbers as opposed to the meeting

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item number yes um actually because of the way i have the vote sheets up set up okay it's either

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calendar number or meeting id so if you could if you have one of those that would be better

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okay we have both of them and i've been reading the meeting item mi 2020 000 235 445 green street

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Is anyone here for Green Lane?

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No hands are up, Madam Vice Chair.

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Why don't we, just in case they're having technical problems, go to the next case and

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and we'll deal with this at the end okay calendar number MI 2020-000-212-4525 Lardner Street

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we'll deal with this at the end.

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Okay, calendar number.

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Madam Vice Chair, I have Jennifer Bazitlow.

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Jennifer, you can share your screen and unmute yourself and wait to be sworn in.

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jennifer can you hear me i can hear you i'm having trouble with my video so you may not be able to

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see me however i don't know what's going on okay i cannot see you okay as long as i can hear you

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that's good name and address for the record please sure jennifer bazidlow b as in boy a as in apple

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z as in zebra y d as in david l as in larry o as in oscar 4500 worth street suite d202 philadelphia

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Pennsylvania 19124 do you swear or affirm to tell the whole truth and nothing but the truth

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I do you also agree to waive and step yes do you have you also emailed an exhibit packet in

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with proof of ownership proof of tax compliance a copy of the refusal or referral photos and or

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plans of the property five days in advance of this hearing and have you met with the RCO and

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if so, is there a letter? Yes, I emailed in the primary exhibit packet last Friday the RCO letter

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I sent in on Monday, which was when I had received it. Also in my presentation, I did add one

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additional photo that just shows the property from 2014. That was not in my previous exhibit

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packet. I'm happy to share that later if I need to. All right, let me share my screen.

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Okay. So I'm here today with the owner of this property, Tim Borton, who owns 4525 Lardner Street

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through his LLC, Philadelphia Heritage Investments LLC. Tim, if you just want to raise your hand

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so that they know who you are, you'll be allowed to speak. I submitted a package with a refusal

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deed, tax clearance, a letter of non-opposition from the Wissen-Noming Civic Association,

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aerial view of the property, and portions of the zoning archive, as well as photos,

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and the plans, which I am incorporating into the record. 4525 Lardner is a 2,422 square foot RSA3

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zoned property at the northwest corner of Lardner and Dittman, which is directly across the street

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from Henry Lawton Elementary, and this is in the Wissen-Noming section of

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Philadelphia. I'm going to get to the zoning archive section as a little bit of

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background here. In 1962 this property was approved for multifamily use with

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four units plus four garages accessed, front-loading garages accessed off of Lardner Street.

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The four units here are not at issue. They have been in continuous use and are still approved.

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That variance is still in place. What happened was my client, Mr. Borton, purchased this property in

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2016 when he purchased this property there was no garages and there were six units in this building

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um so what we are here today is to seek to seeking to legalize that use of the building

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as it has existed and uh all evidence points to the fact that this building has existed in this

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fashion since the 60s for almost six decades and so we're just trying to get that legalized

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so that he can continue making improvements for his building

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because right now he can't pull building permits

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because of this discrepancy.

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So let me just pull up the plans.

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This is, so you can see, this is the photo of the property.

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As you can see, this property never had garages.

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There's no place where the garages would have been.

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Okay.

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Okay, cool.

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Bye-bye.

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Just get to the floor plan. So this is how this building was configured when he purchased it.

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There are essentially two detached structures, I mean, semi-detached structures, each with three units in it, one on each floor.

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There are, it's essentially two detached structures, I mean semi-detached structures.

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The ground floor, this first floor, and then the second floor, each are one-bedroom, one-bath units.

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They're all roughly the same size and roughly the same configuration.

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um so what happened i can show you the current photos of how this is how the building looked

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in 2014 before he purchased it it was in need of significant repair but as you can see it's still

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in the same um configuration as it was in 2014 before his purchase um like i said there was the

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six units already present. What happened was when he went to go improve the building, there was some

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moisture issues on these ground floor units. He began the demo of the property. So this is what

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they look like currently. No pictures were taken before the demo took place, but you can see that

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there was an existing bathroom already in these units. And so there's moisture. He did the demo.

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he went to go pull building permits and that's when he learned that in fact there was only four

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permitted uses and there were missing garages um to these structures um i want to first i want to

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address these two issues with the parking and then the units separately let me first address the

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parking issue um based on this construction of the building as and as well as my conversations with

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some of the long-term residents and the RCO, as far as you can tell, there was

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never garages built. That was the variance granted in the 60s, but it just

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never happened. At this point, if he was required to construct those garages or

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otherwise provide off-street parking, it would be a significant hardship as it

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probably would involve just tearing down the whole building and rebuilding it. So

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that's a hardship to the building and also a significant financial hardship. It also wouldn't

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make sense because if you see along here, there is parking along this side of the street. And if

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we instead replaced, if we put garages or some sort of parking in front here, it would remove

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the public on-street parking. So essentially we would have no, we would probably lose more

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on-street parking than we would gain by providing those parking spaces. I also

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heard something from the Wissendoming Civic Association, which I rarely hear

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from any Civic, which is that there's no parking issues in this neighborhood, and

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that's because there is good public transit. Many of the residents do not

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own cars, including several of the existing tenants in the four units, in

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the four existing units. Several of them do not own cars, and the people

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that do own cars several of the properties surrounding here do have off-street parking

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where they remove their cars from the street um so like i said the the removal of the garages i

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i think is kind of very clear that this never existed and it would make sense to authorize

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uh the continuance of not having off-street parking at this property as for the legalization

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of the two additional units. Again, speaking with the RCO and your neighbors, as far as they can

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remember, this has been a six-unit building. And it's configured in the same way as when my

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client purchased it. Let's go to the floor plan again. So I actually want to show you this photo,

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which is the outside. While these are ground floor units, they have direct

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access to the outside through these doors. There's no hallways, they don't

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have to go upstairs to go out the door, they have direct access to the

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outside. There's also five large windows in each unit. They're configured with

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basically the same amount of access as the other units. In fact, if you look at

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the egress distance provided in the floor plan, the maximum egress distance in the lower units

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