civus
Hearing video

ZBA Hearing - November 4, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 4, 20207h 39m

a hardship. We would like it built to the code that the ZBA had provided from the very beginning.

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that's 23 apartments at 38 feet high we feel that would be best for the neighborhood

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thank you and mr chair so and then again as part of as part of the zoning this is cmx2

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we would be required to put commercial units as admittedly a resident residential portion of

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the north 26th street side that's why we didn't think the commercial component made sense for the

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neighborhood. And I would say, again, if you look at the Fairmont Civic Association letter,

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there were nearby neighbors. And I'm, you know, there were, at least according to our letter,

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there were four nearby neighbors that voted. And they'll make that clear. Yeah. Yeah. Okay,

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Chair, we can move on. So

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Okay. So what is the height of that building again on the, not the Bambri side, the other side?

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to help.

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The setback where it is, it's 45 feet.

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45 and then the setback is where the other four units are, correct?

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It's 45 at the roof line in the front.

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In the front.

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Yeah. And Kevin, are you still on?

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i think it's probably another 10 i don't want to misstate but i believe it's another 10 feet below

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on bainbury which is 35 feet kevin you can unmute

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alan i was just telling your client he can i mean your witness that he can unmute

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i will keep everyone muted but you can unmute yourself yeah kevin can you just answer the

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chair's question about the height from the roof line on the north 26th street side as well as the

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roof line from the front on the bainbury street side yes so on the 26th street side we're 45 foot

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on the streetscape and then on the bainbury side because we dropped the three stories on that side

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And we are, give me one second here, I'm pulling that right now, 35-8.

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Questions from the board?

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No.

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No.

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Planning commission?

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No.

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Planning commission?

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uh just to clarify i'm trying to find out if we gave a recommendation at the last hearing

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but what is the height of the building 45 on the 26th street side and i think he said 35 on

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the bainbridge side do we swear her in please oh yeah i'm sorry paula just from below burns

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denise knows my name so okay go ahead you swear and affirm to tell the truth the whole truth

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nothing but the truth I do thank you and if I could just state one thing um Paula and chair

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um it is our practice to always get the planning commission's recommendation before we schedule

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any kind of continuance resumption hearing or the like yeah and and and as an officer of the court

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I do remember this one the the planning commission recommended in favor of every variant other than

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the unit count and they they kind of punted on that that was that's my recollection we were not

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in favor we had no objection to the no objection that's right density be looked at in agreement

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the community's position that's right so paula just for my purpose for our board purposes have

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has the planning commission looked at the uh revised plan that reduced the number of units

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and if so has there been personally have not gotten this but in the recommendation from the

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last case on october 14th that our property is indicated for commercial use on the comprehensive

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plan we do believe because the property is close to the trolley line and will support the commercial

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corridor of gerrard avenue we are okay with commercial not being included so is the support

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gerrard avenue um we believe parking is not as necessary because it has access to the trolley

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line and we have no objection to the granting of the variances questions from the board

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no no

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i'm going to recommend that the record be closed and that the board render a decision at the next

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tuesday because i think we're off next wednesday is that correct uh tanya yes sure we only hear

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the 10th. Yes, Mr. Notkinson. I just would like my client to adopt my testimony. Sure, sure.

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Having the client get on. Yeah, Mr. Gravely, can you virtually raise your hand?

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no hands mr nokamson all right now and as an officer of court will uh stipulate that your

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client would adopt your testimony thank you mr chair thank you so again um

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MI 2020-001055-911 North 26th Street.

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The record is closed.

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The board will render a decision at next Tuesday, is it, Tanya?

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Yes, Chair.

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November the 10th.

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Tuesday, November the 10th at 9.30 a.m.

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Thank you.

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Thank you.

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Okay, I think we have another one for you, Mr. Notkinson.

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Okay, I think we have another one for you, Mr. Notkinson.

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Yes.

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Yes.

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All right, hopefully it's not as long as the one we just got off of.

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MI2020-001280-260-62 Geiger Road.

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And you're still on the oath, Mr. Notkinson, just identify yourself.

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Yes, Alan Notkinson of Notkinson, PC, 123 South Broad Street, Suite 1600,

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Philadelphia PA 19109 and I sincerely apologize for the length of my presentations not not your

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problem no problem I think it's paid back for yesterday when I sat for over an hour

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um anyway so I'm I'm again this one's pretty straightforward we have an I2 property

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my clients are looking to purchase it they they what they do is they they sell they lease

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excuse me for the interruption

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is this a case that we already heard before

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that's right

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they sell

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they lease

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they rent

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they maintain and repair

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first responder vehicles

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so all they're trying to do is purchase this property

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in I-2

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not change anything in the building structure

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and we did meet with the community

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I have correspondence

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which is exhibit 9

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We did meet with them. The community voted 3, 4, and 14 against. Again, it's one of these situations where I think the community just doesn't want anything there.

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I mean, but like this, these are first responder vehicles we're trying to, you know, you know, for and bring jobs into the city.

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But like, ultimately, this is one where, again, the Planning Commission recommended not to oppose this, the granting and the variance.

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And the only thing I would say as to this one is that I would just have a little opposition to I would have opposition to the notice refusal because it doesn't reflect.

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um a pre-existing use in the building so there's a medical supply company uh in the property so i

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would just ask a proviso that you know if the board does grant uh our zoning appeal a proviso

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that all remaining uh uses uh you know all you all other uses remain the same so that's you know

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basically our presentation you know again my client's looking to first respond to vehicles

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in there could you show some of those photographs again oh yeah yeah so like again myself with yeah

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um so here's the property again this is an i2 property this is a 20 000 square foot facility

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on 125 square foot lot and there's a parking here and you can see this is the facility right now

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we're not making any changes to the facility right now there's a medical supply company in

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front part of the facility we're taking a portion of it to house our uh the sale rental maintenance

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and repair the vehicles maintenance repair the vehicles will be done inside the facility the

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the actual vehicles that they'll be selling and leasing will be in the parking lot as well inside

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so again there's already a pre-existing parking lot here

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okay see this is an i2 so okay um okay uh have you finished i'm sorry yeah i mean i'm just trying

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to be like quick because i know i took a long time with the other one i mean this is really

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a straightforward project all right uh any questions from the board no no no one would

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like to testify in this case, if so, please raise your hand. Chair, I have unmuted Alice

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Udovich. Alice, you can unmute yourself and wait to be sworn in. Good morning, Alice. Please

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identify yourself for the record. First and last name. Chairman members of the board, Alice

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Udovich, representing Councilman Brian O'Neill's office. We're infirm to tell the truth, the

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whole truth and nothing but the truth. I do. And Alice, would you please spell your last

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name for the reporter? U-D-O-V-I-C-H. Okay, thank you. Please proceed. Unfortunately, the councilman

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will oppose the granting of the variance at this location based on the community

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opposing the project. Okay, thank you. Anyone else?

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Chair, we have Bernard. Bernard, you can unmute yourself and wait to be sworn in.

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Hello, can you hear me?

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Hello, can you hear me?

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Yes, we can. Please identify yourself, sir.

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Yes, we can.

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Please identify yourself, sir.

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Name and address.

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Spell your name for the reporter.

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Bernard Jadak, J-A-D-A-C-H, 706 Pecan Drive, Philadelphia, PA.

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I'm the zoning chair for the RCO.

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Just wanted to make sure you got on.

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

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Yes.

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Thank you.

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Please proceed.

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uh uh i'm the um zoning chair for the rco just wanted to make sure you got a copy of our

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letter the 14 opposed and 13 for uh posing the uh zoning variants i just want to make

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sure you actually got a copy of it because it was only sent this morning uh sharon did we get that

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it's in my packet materials okay thank you thank you thank you thank you anyone else

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that's it thank you chair you can proceed thank you uh planning commission

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they have should have given a recommendation already yes our this is paula brumblow burns

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planning commission i believe our recommendation at the last hearing was no objection okay thank

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Thank you. MI 2020-001280-260-62 Geiger Road, my vote is yes.

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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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Have a great day.

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I believe that is it.

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Am I correct, Tanya?

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that's all I hear for the add-ons we should be ready to go with the first case number one Frank

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yep yes you got it MI 2020-000770-1226 East Shelton Ave

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Chair and board members, I have promoted Meredith for you to swear her in.

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Good morning, Meredith. Please identify yourself with the records, spell your first and last name, and then we'll swear you in.

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Good morning, Meredith Ferlger, F-E-R-L-E-G-E-R, 1500 Market Street, Suite 3500E.

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We're confirmed to tell the truth, the whole truth, nothing but the truth.

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Sure do.

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Mr. Plotter, do you agree to waive the reading of its refusal and stipulate its accuracy?

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see? I sure do. Great. Have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal, photos and plans five days prior

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to this hearing? I did, yes. Thank you. Have you met with the RCO and have a letter? We do. Thank

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you. Please proceed. Thank you. Good morning, Mr. Chairman, members of the board. Before I get

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started, Brad Behrens, if you can hit the raise hand button so we can get you sworn in.

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hi this is brad can you hear me yes we can identify yourself your first and last name

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bradford barons b as in boy e-h-r-i-n-s i reside at 210 east broadway apartment h1008

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New York, New York, 1-0-0-0-2. Thank you. We swear to the firm to tell the truth,

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the whole truth, nothing but the truth. I do. Please proceed, Ms. Thank you. Good morning,

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Mr. Chairman, members of the board. Again, my name is Meredith Ferliger of the law firm

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Delworth Paxson. I'm here today on behalf of my client, CB Sedara Holdings, represented by Brad

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Barron's. Before the board today is a property located at 1226 East Shelton Avenue in the city's

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East Germantown neighborhood. The board should have an exhibit packet that I previously submitted with

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12 exhibits. This is a very simple request, so I will be brief. I'll start first with the photographs

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that I have up on the screen at tab three. As the board can see, this is a charming two-story

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attached structure that sits amongst a row of similar two-story residential homes.

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And I'll just scroll through briefly so you can get a sense of the residential attached

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nature of this particular block.

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Here's the complication.

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This residential row of homes is zoned CMX2, which as you know requires a ground floor

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commercial space.

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My client purchased the property about two years ago as a duplex.

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my client purchased the property about two years ago as a duplex as he

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As he recently discovered, the duplex use is no longer reflected in L&I's system.

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It's fairly clear why.

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If you refer to the property history that I'm bringing up at tab five, you'll see that

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the permit history for this property bounces back and forth between single family and two

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family use, dating all the way back to 1948.

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So I don't know what the prior owners were doing here, but they pulled a lot of different

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permits here going back and forth.

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It's unclear why this happened, given structurally the property exists as a duplex.

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The two existing units here are 758 square feet and 880 square feet.

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It's one unit per floor.

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And I have attached some photos of the units also at tab three here.

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you can see these are very nice updated units. Now, as you can expect, we did receive one refusal.

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The duplex use of the property is permitted. However, because it's zone CMX2, Brad would be

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required to put a commercial use somewhere on the ground floor of this structure. As you can see in

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the historical permits, there has never been a commercial use here in the last 70 years.

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Unfortunately, we're only here due to the lapse in time since L&I last had a permit that reflects

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the duplex use. As you could see in the photographs, the block only contains

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residential uses here except for a very small church that is right here down the block.

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There's a smattering of some commercial uses on the other side of the street,

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which you can see does look quite different than the side of the street that this property sits on.

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Not only would the character of this residential street make a commercial use not viable,

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but it would be a considerable hardship to find a way to convert the ground floor

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