civus
Hearing video

ZBA Hearing - May 4, 2022

Philadelphia Zoning Board of Adjustment (ZBA)May 4, 20225h 13m

Therefore, we recommend that a request for advantage not be granted.

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So, Council, we're going to wait until we get the tax information for you, and we will vote on this next Wednesday.

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Okay, thank you, Cameron.

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chair mr chair in terms of the tax information um if if it's the same tax clearance for husband

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and wife they're both owners in the property and it's property taxes and we've already received

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one clearance we don't need to receive another clearance that it should be the same all right

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so if you wish to hold this for a vote you just in general to discuss you can but

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we'll hold it to next wednesday we'll have a conversation about it okay okay and we'll

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the letter at your earliest convenience. Thank you. Yes, I will. Thank you. MI 2021-004-594-2038

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North Lambert Street. Lynn Nichols is the attorney. Counselor, thank you.

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Letter of support from the 32nd Ward RCO. Lynn.

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Chair, Ms. Nichols is coming back and now is a panelist.

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good afternoon chair miss nichols you were already sworn just state your name

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lynn nichols o-y-n-n-n-i-c-h-o-l-s could you uh could you identify your client the relationship

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to the property yes yarmouth construction group they're the owners and today we have

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david bullock on the call as the owner representative okay our vice chair uh has a few

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questions for you. Carol? Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? Yes, I do. Have you emailed the exhibit packet with proof of ownership tax compliance,

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refusal referral, photos under plans of the property five days in advance of this hearing,

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and have you met with the RCO and do you have a letter? Yes. Thank you. You may proceed and

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share your screen. Thank you. Thank you. Can everyone see this? Yes. Yes. Good afternoon,

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Mr. Chair, Madam Vice Chair, members of the board. This is a project for a multifamily use

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variance. These young developers have decided to do their first affordable housing project at 2038

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North Lambert Street. They were able to obtain the approval of the RCO that agreed with the project

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to eliminate a vacant property and beautify their neighborhood. This is an also a near neighbor has

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enthusiasm for the project and I believe she's also a witness on the call. Here we have an

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application for appeal, a project information form, as well as the deed for the property,

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tax clearance. Here you will see a photo showing the front of the property facing 2038 North

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Lambert Street. This is a side view of the property facing 2038 North Lambert Street.

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Here we have a view looking to the right of 2038 North Lambert Street. This is a view looking to

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the left of 2038 North Lambert Street. This is a list of the impacted neighbors that were mailed

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the letter indicating when this hearing was being held here we have proof of mailing this is a copy

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of the zoning notice that was posted on the property here's the notice of refusal for the

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three-family dwelling use we've also included some near properties that have already been

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granted variances in this area we're now showing the site plan with regard to how the property

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would accommodate the three dwelling. The elevation is shown on the site plan as well

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as the two bedroom, two apartments that will be in each floor.

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Here is a letter of support from Michelle Bailey who is a near neighbor across the street

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at 2039 North Lambert Street. We also have the letter of support from the RCL. They

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asked us for a proviso for sanitation, which we have supported. They support this elimination of

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blight in this area. And the proviso with the sanitation plan attached is here for your review.

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Based upon the plans, we feel that the square footage suffices for this three-family affordable

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dwelling. There is a demand in this area for this type of housing, affordable housing, which is the

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best use of this property economically and logistically. And as I stated, we requested

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And as I stated, we requested a sanitation, we submitted a sanitation plan, which was requested by the RCO.

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a sanitation, we submitted a sanitation plan, which was requested.

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This use of the property will not alter the character of the neighborhood, nor will it affect the nearby properties.

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It will not increase the traffic or congestion or endanger the public, nor will it burden the public services or utilities.

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And it will not endanger or damage the welfare of the neighborhood.

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In fact, it will beautify it.

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At this time, I would like to call Michelle Bailey if she's on the call.

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is Ms. Bailey responding

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if she's not responding Mr. Chair may I please read the letter that she submitted in

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lieu of her testimony absolutely thank you to the zoning board of adjustment I'm writing this

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letter stating that I am in agreement with and support the owners of 2038 North Lambert Street

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for the renovations to their property for a three-family dwelling for affordable housing

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I have lived here for more than 30 years, and I have no problem with the plans they have for the three-family dwelling at 2038 North Lambert Street because we need affordable housing in this neighborhood.

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Thank you for your support. Signed, Michelle Bailey. 2039 North Lambert Street.

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At this time, I would like to call David Bullock.

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Is Mr. Bullock answering from the audience?

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Mr. Bullock, if you're in the virtual audience, please raise your hand.

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Try Dante Preston.

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Is he with me?

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Yes, Dante Preston.

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He signed in under Dante Preston.

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Thank you so much.

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Okay, no problem.

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

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Mr. Bullock, can you put your hand up again, please?

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Chair, he's been unmuted.

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it. Could you state your name and spell it for the court reporter?

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Mr. Bullock? You have to mute Dante Preston. Please hit your mute button.

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Sorry. Hi, could you state your name and spell for the court reporter? David Bullock. D-A-V-I-D

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B-U-L-L-O-C-K. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes. Thank you. Proceed. Thank you. Mr. Bullock, are you the owner representative on behalf of

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Yarmouth Construction Group today with regard to 2038 North Lambert Street? Yes, I am. And do you

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agree with and adopt the presentation and testimony given here today for the property

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at 2038 North Lambert Street?

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Yes, I do.

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Do you agree that it's accurate and true?

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Yes, I do.

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Thank you.

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I have nothing further.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no answer this time, Chair.

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Planning Commission.

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Ron Bednar, City Planning.

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This property is indicated for residential use

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on the city plan no changes to the existing residential single family zoning has been

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recommended at this location the applicant's hardship is not supported with evidence of

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unique physical circumstances or condition of the property that would prevent it from being used in

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conformity with the code affordability um the affordability cannot be enforced by the city

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therefore we recommend that the request for advantage not be granted. Thank you. MI 2021

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004-594-2038 North Lambert Street I vote yes with proviso commercial trash pickup.

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Carol Tenere my vote is yes with proviso. Thomas Holliman my vote is yes with proviso. James Snell

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yes for proviso thank you thank you mr chair may an excuse yes thank you good afternoon

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thank you mi 2021 005 277 221 east wildly street no exhibits that we have at this point first

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listing is is there anyone in the audience for this case i see no hands at this time chair

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hold on just a moment uh mr robert everett just put his hand up okay mr everett you can unmute

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and wait for the chair please okay i'm here all right could you state your name and spell for

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the court reporter yeah first name is robert r-o-b-e-r-t last name everett e-v-e-r-e-t-t

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do. Is this your case, 221 East Wadley?

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I do.

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Is this your case, 221 East Wadley?

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I'm a member of the zoning committee for the Fishtown Neighbors Association, and we met with the applicant on March the 1st, and at that time, they weren't really ready with their presentation.

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I'm a...

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We advised they should probably get a zoning attorney to help them, and the plans weren't, you know, enough.

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enough so we haven't even had a community meeting about this yet that's fine thank you sir we

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appreciate i appreciate you calling in to tell us that thank you thank you so mi 2021 005 277

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221 East Wadley Street

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continued

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must be tried

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number 4

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MI 2021

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003

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084

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2304 East Allegheny Avenue

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Greg Shore is the attorney

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letter of support from Harrogate

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Civic Association

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Chair

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I see no heads at this time

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Greg, please raise your hand. I see that you're in the audience.

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He's being promoted to a panelist now, Sheriff.

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Okay, thank you.

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Mr. Shore, state your name and spell for the court reporter.

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Mr. Shore?

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I'm sorry, sir.

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Sure, sure, sure.

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

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Sure.

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My first name is Greg, G-R-E-G-G.

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Last name is Shore, S-H-O-R-E.

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All right.

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

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I do.

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Could you identify your client and the relationship to this property the client has?

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Sure.

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My client's name is Iftikar Chaudhry, and he is the property owner at 2304 East Allegheny.

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Okay.

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Our vice chair has a few questions for you.

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Hi, Mr. Shore.

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

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I do.

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Thank you.

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Have you emailed the exhibit packet in with proof of ownership, tax compliance, a copy

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of the refusal or referral, photos under plans of the property five days in advance of this

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hearing?

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and have you met with the RCO and do you have a letter?

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Yes, all of those. Thank you.

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Thank you. You may proceed and share your screen.

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By way of background, the property at 2304 East Allegheny is currently zoned residential.

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The property is owned by my client, Iftikar Chaudhry.

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Excuse me, we need to see your screen.

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Okay.

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And thank you.

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You got it?

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No, I was just thanking you.

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It's coming up now.

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How about now?

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We see one page.

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Yep.

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Okay.

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All right, so.

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Seems like the last page.

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Do you have a, do you have the property on your screen now?

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No, no.

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Let me try and share it again.

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How about now?

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Yes.

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Okay, good.

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So by way of background, the property is currently owned by my client.

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He purchased the property back in September of 2020.

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When the property was owned by the previous owner, Bruce Weinstein, there was a hearing

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aid business operating out of the first floor of the building with a residence on the second floor

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currently there's a tenant on the second floor of the property the first floor

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has been renovated in the hopes of having a home health care business use the space on the first

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floor on april 14th we had a meeting with the local registered community organization following

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the mailing of notice letters two weeks prior to 153 individuals within the immediate area.

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Yesterday we received a letter of support from the chairman of the Harrogate Civic Association,

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Ryan Keller, noting support of 13 of the 14 members of the Harrogate Civic Association.

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There were some, the association asked my clients to agree to the installation of security cameras,

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make sure the exterior of the property is kept clean and provide sidewalk trees and additional

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exterior lighting all of which are acceptable to my client notably within a two square

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all of which are acceptable to my client. Notably, within a two-square-block radius of

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this address, there are a number of different businesses, residences that have the same type

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of situation that we're looking for with a business on the first floor and residents on

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the second floor. The picture that you're staring at, the 2304 is to the left if you're looking at

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the screen. To the right is obviously the neighboring property that has a business on

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floor one. There are other pictures available of the interior of the business as well as the

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posting if you folks would like to take a look.

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Greg, are you still there?

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Yeah, I'm here.

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I'm here.

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So do you have anything else you want to show us besides the picture?

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No, I think, I mean, unless there's specific questions, you know, I do have other pictures

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