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Hearing video

ZBA Hearing - January 13, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 13, 20215h 27m

Just a minute.

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I'm just trying to figure this out.

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Relax.

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And as the chairman said, we do have a letter of support from Fishtown.

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Correct.

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Can you see my screen?

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Yes.

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Yes.

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Okay.

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So I'm here on behalf of the equitable owner.

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And as you mentioned, we do have support for this project.

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I would ask that my packet be incorporated into the record.

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it does show exhibits A through P. And so what we do have here is a plan to reinvigorate the

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corner of Shackamaxon and Richmond Street. What's there now? It's currently a structure that

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is plagued by poor construction and stucco issues. The plan is to demolish the existing

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structure and create a four-unit building the building is situated as you can see in the photos

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by i-95 the overpass it's also surrounded by similar buildings multi-family dwellings

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there's a four-unit building that sits adjacent to this property on either side both on the

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Shackamaxon side and the Richmond Street side and across the street directly across the street

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there is multi-family on the entire block we did meet with Fishtown neighbors they

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asked us to make some revisions to the plans which we incorporated

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and as I mentioned the changes to the plans eliminated two of the refusals so that the

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The only outstanding refusal is for the multifamily, and we believe that the hardship is supported

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by the surrounding multifamily uses.

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And with that, Rustin Ohler is available, the architect, to review the plans.

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Good afternoon, please identify yourself, spell your name for the record.

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mr oler you've been unmuted you can speak hi everybody um rustin oler o-h-l-e-r address 1225

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north 7th street philadelphia pa 19122 you swear and affirm to tell the truth the whole truth

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nothing but the truth i do please proceed and i can stop sharing my screen if rustin wants to use

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It's okay, Dawn. You can just go to the next slide.

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Okay.

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So this is just the surrounding site context map of the current zone use of the surrounding properties.

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Our property is highlighted there in red.

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We're here today because the property is on RSA 5.

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We do have an awful lot area if it would be zoned RM1 that the four units would be compliant.

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So it is contextual to the neighborhood.

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As you can see, the three properties to the south of us, to the top left of the page,

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are also zone multifamily, four units and three units.

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The property just below that is also four units, so we're abutting two four-unit properties.

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And then immediately across the street on the other side of Shack of Maxon is a series of

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four-family dwellings as well.

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If you can go to the next slide.

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So this is just the ground floor plan, how we engage the sidewalks, corner property,

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infilling the curb cuts at the request of the community to add to on-street parking.

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All four units would have separate unit entry doors, you can see them highlighted in different

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colors there.

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You have two units at the first floor and basement with access to a common rear yard,

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and then the yellow and green are entry doors to the upper two units.

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if you can go to the next slide I can walk you through those so living space at the second floor

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two bedrooms and bathrooms at the third floor if you can keep going Don master suites at the fourth

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floor with access to pilot houses and roof decks that are set back and conform to all the

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dimensional requirements of the district next slide so that just brings you to the exterior

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so that just brings you to the exterior elevations as thought had mentioned at the request of the

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elevations as Don had mentioned at the request of the community

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community group we removed the parking from the rear yard made that accessible to the tenants

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I think.

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and introduced the fence there and we decreased the size of the pilot houses

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by sloping them they are set back so they wouldn't be visible from a pedestrian right away

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anywhere and then we changed all the facade materials to be

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red brick and more in keeping with some of the existing properties in the neighborhood

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also at the request of the community and that basically concludes the presentation just there's

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the other two elevations okay Ms. Tancree do you have a client you want to adopt your testimony

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yes Marius Karasevichis can you unmute him please yeah I genuinely do not know why I'm sharing this

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can you uh let me see i'm looking for his name now there yes yes

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there you are you can speak now after you unmute yourself good afternoon boards uh good afternoon

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

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Marius, M-A-R-I-U-S, and the last name Karusavichus, K-A-R-U-S-E-V-I-C-I-U-S.

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

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I do.

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Thank you.

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Ms. Tinkredi?

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Yes, thank you.

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Marius, have you heard my testimony here today?

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Yes, I did.

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And is it true and accurate?

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Yes, it is.

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And do you adopt it as though it were your own?

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Yes.

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Okay, thank you.

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thank you i'm sorry mr chair i would just like to summarize and point out that the letter from

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the community group does in fact agree that this project does conform to the surrounding

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properties uses thank you any questions from the board no no anyone else like to testify in this

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case. If so, please raise your hand. There are no hands at this time, Chair. Thank you. Planning

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Commission. Good afternoon. David Fecto, City Planning Commission. Mr. Chairman, members of

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the board, this property is indicated for residential single-family use in the comprehensive

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plan. The home behind this one on Shaka-Maxon is a four-unit building, and a large multi-unit

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building exists across the street. And since the FNA supports this proposal, we have no objection

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in granting this variance. Thank you very much. MI 2020-002453, 164 Richmond Street. My vote is yes.

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My vote is yes. Excuse me, this is Karen Saleta. It is with revised plans, two pages.

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Oh, sorry about that. MI 2020-002453, 164 Richmond Street. My vote is yes with the proviso.

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revised plan two pages approved today my vote is yes proviso yes proviso yes proviso yes with

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proviso uh before we go any further carol hold on a minute sharon if you sent us uh i guess you

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sent everybody a text message about one two twelve twenty two annon street yes if if you could um

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revote that with revised plans let me get that paperwork I had on that Sharon that's one page

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with revised plans that's right okay Carol do you have that information with you yes I do the one

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to Annan Street.

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My vote is yes with one page, revised plans.

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Approved today.

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Thank you.

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Approved today.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you.

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We ready?

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Calendar number 2576,

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2011 North Woodstock Street.

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The next one, Carol.

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Aren't we on that?

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is two then what's next number seven's Woodstock as well

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and calendar number 2577-2034 North Woodstock Street

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thank you Mr. Nockamson you're still under oath

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Mr. Nockamson

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Alan you've been unmuted

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Alan, you've been unmuted.

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it.

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You've been promoted to panelists, Alan.

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Yes, I apologize.

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Clementa Amazon from my office will be presenting.

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Okay.

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Ms. Amazon, please put your name and address on the record and spell your last name, please.

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Ms. Amazon, you've been promoted to panelists. You may speak now.

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Thank you. Good afternoon. Clementa Amazon, C-L-E-M-E-N-T-A. Last name is A-M-A-Z-A-N.

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And your address, please? 123 South Broad Street,

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Suite 1600, Philadelphia, Pennsylvania, 19109.

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

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I do.

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You also agree to waive the reading of the refusal and stipulate to its accuracy.

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Yes.

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Have you emailed an exhibit packet with the required documents, including proof of ownership, tax compliance, a copy of the refusal and referral, and or referral, photos and replans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, I do, and I have a letter of support.

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Thank you.

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You may proceed.

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Thank you. May I share my screen? Sure you may.

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Can everyone see that? Yes. Perfect. So good afternoon board. My name is Clementa Amazon and

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today I will be presenting 2011 and 2034 North Woodstock Street. They're identical properties

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in all material respects. So here I have a packet of exhibits, which includes the deed,

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certificate of tax clearance, notice of refusal. I also have certificate statements and rental

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licenses, application for appeal, maps, photographs, plans, as well as the letter of support, as I

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mentioned earlier. So here I have the deed for both properties, 2011 and 2034 North Woodstock,

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showing that it is loaned by Fifth Investments, LLC, the transfer tax certificate,

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certificate of tax compliance for 2011 North Woodstock, 2034 North Woodstock,

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and the notice of refusal, certificate statements, and rental licenses as well.

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So this is a peculiar instance where this property is currently a duplex,

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and we're simply looking to legalize it. So for all intents and purposes, when we received all

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of our documentation from LNI, it shows that it is a duplex, the rental license as well as

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the certification statement shows that it is a duplex. We tried to have this matter solved with

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LNI, but in light of COVID and everything else that's happening, it has been difficult. So we

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decided that the best way to go about it at this point would be through the variance process. So

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the only refusal that we do have is for the fact that it's a duplex which is already what LNI has

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deemed it to be and we're just looking to legalize that use and it's the same refusal for

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2034 North Woodstock as well. So here I have the certification statement for 2011 North Woodstock

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showing that it is the two-family dwelling and I also have and this is from 2016, February 19,

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2016 to be exact. I also have 2034 North Woodstock also to family dwelling dated to February 19th,

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2016. So dating back to 2018, the rental licenses that were issued by LNI also stated that the

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number of units were two. So as you can see here, this is from 2020, 2019, 2018, and 2017,

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all for 2011 North Woodstock and then 2034 exact same situation goes back to 2020 2019 2018 and

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2017 as well all stating that the number of units is two and this one is also for 2016 for 2034

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North Woodstock so I also have the application for appeal this one's for 2011 North Woodstock

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our notice of refusal for the two-family use which is already in the property we're simply

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trying to legalize it again we've had issues dealing with this through lni so we're seeking

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to go through the variance process as the path of least resistance

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application for appeal for 2034 again same refusal proposed two-family use

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here we have a map of properties are across the street from each other

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similar lot size they are the same in all material respects another map of the property

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They are the same in all material respects.

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Another map of the property, a Google map rather showing the area.

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a google map

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Photographs, so this is 2011 North Woodstock from the front.

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To the right of the property, to the left of the property.

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23-4 North Woodstock, again, identical structure.

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This is the front of the property, to the right of the property, to the left of the property.

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I have a few interior pictures as well.

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23-4 North Woodstock interior.

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year. So again, it's a duplex. Excuse me. So this is 2011 Woodstock, 2034 Woodstock.

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And we met with the community and they did provide us with a letter of support. As you

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can see, we met with them on December 7th at 6pm via Zoom, and they expressed support

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for this project. So we mailed out the notices and this is our 144 properties that we notified.

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a certificate of mailing, the properties that we notified for 2011 North Woodstock,

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and the same materials provided for 2034, 136 properties were notified,

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our certificate of mailing, a list of the properties that were notified as well.

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And that concludes my presentation. If I could just have my client adopt my testimony.

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His name is Francis Popak.

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Is Popak you allowed to speak?

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Good afternoon.

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Good afternoon, sir.

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Please identify yourself with a record first and last name.

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Spell your last name.

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Francis Popak.

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P as in Paul.

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O as in Oscar.

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P as in Paul.

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E as in Edward.

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K as in Kevin.

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

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I do.

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Please proceed.

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Thank you.

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Fran, you heard my testimony to that?

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