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Hearing video

ZBA Hearing - September 30, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 30, 20266h 10m

Yeah, I believe it's not a complicated application.

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And you'll be able to explain it to her later what happened?

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Absolutely.

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Okay.

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Proceed.

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And Interpreter, please stay on just in case you would come on, okay?

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Yes, Your Honor.

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Thank you, Interpreter.

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It's a pleasure.

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Go ahead, Sean.

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All right. Mr. Chair, I've shared my screen just to confirm that everybody can see it.

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We have all your documents, sir. Okay. It's just a whiteout of the exhibit packet. It's for Lourdes

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Chavez, L&R Property Investment LLC, 4063 North 6th Street, calendar ending in 2284.

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It includes A1 through A13, and now I'll blow it up.

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Oh, wait. I'm sorry. I didn't share.

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Oh, where did I go? Sorry.

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Okay. My packet includes A1 is the notice of refusal. Again, it's a permit for vacant commercial on the first floor and a three-family unit above in an existing structure.

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Again, multifamily use is not permitted in the CMX 1 when adjacent to RSA 5.

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Accordingly, we need a variance for the three-family use.

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A2 is the zoning appeal.

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A3 project information form.

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Deed as proof of ownership.

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Tax clearance at A5.

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We have a site plan, photographs of the posting, subject property, street views, and an aerial view.

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I've also included a copy of the RCO meeting and certificate of mailing.

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Received late to the party was the ROC letter from Nueva Esperanza in non-opposition.

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Received yesterday was District Councilwoman Lozado's letter of non-opposition.

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I have some brief zoning history.

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Dating back to 1939, it was a bar in one family.

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Similar uses up to the most recent, 1998, it was a grocery store and a nine-rooming house, nine-unit rooming house.

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A12 is the zoning map.

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A-13 is the aerial photograph.

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So, let me get this out of my mind.

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Okay.

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So, again, we have the notice of refusal, the application.

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We have what we see all your documents.

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Okay.

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We have the PIF.

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We have a copy of the deed.

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We have proof of tax clearance with a certificate.

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kit. The property is located at the corner of 6 and Lyoming as per the site plan. Here's a

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picture of the subject property. It's an existing three-story structure. As you can see, the first

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floor was, you know, commonly used for some kind of a non-residential retail or commercial

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use. Here's another angle from Lycoming Street. Another view from Lycoming at a side of the

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structure the deeds have posted the property in accordance with the rules

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and regulations two posters are up we have an existing kitchen existing bath

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as you can see the utilities there are multiple meters for units retail space

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and the common areas as you can see it has existing hot water heaters at

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multiple units another photograph of the interior a bathroom

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Another photograph of the interior, a bathroom, a kitchen unit, another bathroom unit.

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These are some Google Street views. This is North 6th Street.

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Another Google Street view, Google Street views.

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Here is an aerial photograph.

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this is the meeting notice and it says certificate of mailing sent out to 193 properties

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don't need to see every sheet of that let's go and then Esperanza and Nuevo Esperanza submitted

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their letter on September 24th indicating non-opposition to the application with regard

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to the district council person's letter that was received yesterday from Ketsi Lozada

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indicating non-opposition to the property again the non-opposition letter from Esperanza

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and I included all of the zoning history as previously discussed as an exhibit

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and let me go back down with regard to the zoning map as you can see

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The property is in the CMX zone. And again, another copy of the aerial photograph.

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And that would be the exhibit packet as submitted or supplemented, I should say,

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because Bodice originally- Can you tell us, how many units are you looking for and where

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are they at in the building? The three family units, my understanding, there is

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two units on the second floor and one unit on the third floor.

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And we're not doing anything with the first floor.

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First floor is going to remain vacant commercial until we can find a commercial tenant, which would be the subject of a new use registration application.

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So you're going to get the two units on the second floor and the unit on the third floor approved?

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Correct.

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And what's the history?

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Have they been approved in the past?

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As far as the history goes, you can see on the exhibit list.

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The bar, yeah.

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Yeah, from 1939, it was a bar and one family, 56, a business and two family, 61, a bar and two family, 71, a bar and one family.

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And I would point out to the board, you know, I've run across this many times.

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Sometimes when you have an applicant filing an application for the first floor, they don't know how many units are above.

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So, you know, they just assume it's a single family.

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But, you know, as you can see, there's a history of two family on the, you know, above.

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But in fact, it's three-family, right?

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Yeah, and now we're seeking a three-family approval.

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And the first floor remains vacant until you get it.

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Yeah, until we can find or identify a suitable retail or commercial.

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Why don't you do this?

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Why don't you go back to your plans, right, or your photos of the second and third floor?

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Want a second?

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Mr. Chairman if I can make a comment can Council produce the floor plan for the first floor also

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yeah because it looked like there was residential use on the first floor unless that's changed

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it looked like it was a split between commercial and residential on the first floor so if you could

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show that for the board to make sure do you have plans for the first floor Sean I don't have any

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floor plans whatsoever. I had a site plan, but I was not provided floor plans, but we do have

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photographs. Here's an existing kitchen. The utilities. Clearly, there's multiple different

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uses in the property. Based upon the window, I would presume that this is an upper floor.

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that's again that's a bathroom here's a second kitchen given the window i would assume that's

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on an upper floor a bathroom again here's a third kitchen

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and going by the exterior photographs i i i don't see any indication of a residential use on the

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first floor well it actually it does if you look at it looks like that addition that second door

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at the back with that addition on top that looks like a residential but that would be at the second

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floor i think i saw four hot water heaters too right yeah there's multiple hot water heaters

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it's four right so yeah well one one for the one 49 one for the commercial use and then three for

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the apartments above okay and again you can see there's still a vent in the side window side of

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the wall here um so how do how does one get to the second floor

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So how does one get to the second floor?

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I imagine this door right here, Michael, would be an entry with a staircase.

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Obviously, the door in the corner would be for the vacant commercial space.

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Again, you've got the vent, which would signify some cooking apparatus or reformer cooking apparatus on the first floor.

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um i imagine the the door in the back is to the the rear of the commercial space generally if it

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was a bar you know you would have the bar area towards the front and a kitchen in the back or

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here's here's what i think we we need to do uh we need to come back and i and i think you you

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probably should have photos of the first floor and see what's in there okay and and you want

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Some better plans for the whole building that will give us an understanding of how.

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OK, some some some zoning sketch floor plans indicating uses and size.

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So I'm going to I'm sorry to interrupt, Sheriff.

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This is the integrity. I don't know if this is helpful, but Miss Cadillo is contacting us to let us know that she does have additional floor plans that she can share.

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I don't know if that's something that, Sean, you want to go ahead with, but that's just want to let you know that's a possibility.

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if she has floor plans right now that would be awesome otherwise why don't we put the floor plans

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up specifically we want to see the first floor too she's coming back in as a panelist now chair okay

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i'm just going to let her put photos up and sean you'll do this conversation okay very good

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I'm going to mute myself.

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Ian, do you see her?

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She's already been promoted, Mr. Chair.

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Here she comes.

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Yes.

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All right.

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So we could have Sean call her as a witness.

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Am I correct?

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Yes.

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Well, Sean, why don't you call her as a witness and I'll swear her in.

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Okay, Mr. Chair.

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But she can adopt his testimony.

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She can what?

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Adopt his testimony. Sure, sure. Unless she's the. Yeah, she's going to be a witness. This is the expediter, correct? What's that? This is the expediter. Yeah. Okay, that's what I'm going to say. Correct. All right, Mr. Chair, I call, I call Bidita Cadillo to. Could you please state and spell your name for the stenographer?

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Muy bien, señorita Bidita Cadillo, ¿puede decir su nombre y deletrearlo, por favor?

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I think Bidita, I think she speaks English. Oh, ok, correct. Oh, yes.

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thank you guys okay yep now i'm connected please b-e-d-i-t-z-a c-a-d-i-l-l-o and i'm

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the expedited working with miss ludes all right well you're a witness at this point

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you're a witness at this point okay do you swear or affirm to tell the truth told truth

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talking about the truth yes sir go on go ahead uh but they said wait wait wait uh for the record

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please uh you have to state your relationship to this application train

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for the record please state your relationship to this i'm the expediter okay and i see that you've

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shared your screen yes are these the floor plans for the existing site at 4063 north 6th street

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these are the proposed plans for 4063 north 60. okay very good uh could you please identify for

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the board uh the the the current first floor or the proposed first floor area

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right here we see the first floor commercial use with the handicap bathroom and then in the rear

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you'll be able to see the side entrance that has always been there you can see it has the

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staircase to go upstairs but it also has the entrance to the first floor rear apartment so

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they will go in through that entrance on the left and the right will be to the second floor and on

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the left will be to the unit on the first floor which is going to be bi-level to the second floor.

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to the unit on the first floor which is going to be bi-level to the second floor

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okay and do you have floor plans for the second floor yes this is your second floor

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a three-bedroom apartment unit very comfortable and nice um

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then we see the third floor which is a two-bedroom unit

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All right, wait, just to be clear, unit number one is a bi-level?

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A bi-level, yes.

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Okay, so the kitchen and family area would be located on the first floor?

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Yep, you see it right there.

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Okay, and the cursor down.

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If you can cursor down and show the second floor of that area that Michael was referring to,

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And that is the bedroom for that unit number 1.

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Yes, right here, 2nd floor.

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And currently, do we have any.

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Hold up, Sean. Is there a bathroom on the 2nd floor with that?

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Bedrooms for the unit. There's not a bathroom, but it could be accommodated. If you like, that won't be a problem.

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Yeah, Mr. chair, I see a bathroom, a full 3 piece bath on the 1st floor for that.

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I saw that. I saw that. Yeah. Okay. Keep going.

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All right. Wait for me, please. With regard to the first floor commercial,

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the applicant currently has no proposed use or tenant for that site?

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Not at this time. We want them whatever they want to put, they go back to the zoning board

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and the community has the opportunity to vote on it. Okay.

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mr chair are there any questions from the board for pizza with regard to

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well why don't i have the board ask you and her both for questions questions

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okay i have a question about this unit number one and i just walk me through the like reasoning uh

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to turn that into a residential unit instead of keeping that whole first floor commercial?

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That's never been a first floor commercial. That was always the front and the rear. That rear used

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to have five units. So I used to have that one on the first floor, another one on the second floor,

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two on the second floor front, and one on the third floor, five units. But I told her that

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was too much density to continue that use you know because of the parking and all the new constructions

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that even though i could have got the five units because that's what you had that's what's been

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living there we wanted to do three units so we downsized and then the front is one apartment on

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the second floor then the third is one apartment and the rear was the buy level to make it look a

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little bit more private and different but that rear was never if you look in the history of the

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building it was never used for commercial it was always used residential the rear of the apartment

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actually is it is like that as we speak it was bought like that because that was the use that

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they had before okay i would add to that if i may uh there is a physical barrier you know the access

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hallway uh separating the front commercial area from the rear uh so it's it's either practical or

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you know, to separate them and not have the proposed commercial area extend all the way to

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the rear, given the access, which takes you upstairs to the stairs. So because there's

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residential uses above proposed to provide a barrier for, you know, from the commercial use

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to the residential use, you know, makes more sense from a planning and use standpoint.

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okay and then just to confirm a lot of damage to take a structural wall wait wait hold up hold up

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okay so my yeah second question is about the access to the basement and i just want to confirm

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only the front commercial unit on the first floor has access into the basement

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the access of the basement is only the commercial unit i'm sorry i said i'm confirming

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that only the commercial unit has access to the basement no the owner has access to the basement

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because these utilities all the meters all the water heaters are in the basement i understand

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that but there is a stairwell that leads to the basement that is in the middle of the commercial

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space so what it goes through the hallway if you see the first floor hallway i am looking at the

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one that's in the front like four staircases it goes from that they both have he we don't know

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We don't know who it is yet, so we cannot say what he would like, but if he would like to use part of the basement, there is no problem because the basement is empty. It's just for utilities and an emergency. The first floor would need to have access to that.

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who it is yet so we cannot say what he

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I'm not saying that they should. I think all people should have access to their water meters. I'm just stating that in this plan, there are stairs that are only in the commercial space that have access to the basement,

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