civus
Hearing video

ZBA Hearing - October 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20266h 49m

It does say strong. I did not put that,

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but the person who put it, I would believe.

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Okay. Well, I'm sorry. It says strong. It says strong. Yeah, it does.

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Yeah. I don't know if I sure has a couple of questions for you. Sure. Good afternoon. Have

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you submitted your documents in exhibits 14 days in advance of this hearing? Yes. And do you wait

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to read now your refusals and stipulate to their accuracy? I do. All right. Thank you. Show your

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screen and proceed. So I saw the prompt go on my screen and disappear to make me a panelist. If

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someone can hit uh do that again please help alan get back there we go

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all right so in the virtual audience i have matt rider the owner of the property i will say this

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is that um why does it do that sometimes hold on let me just stop sharing my screen and then

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re-share again see if that blocks all right now it's good uh yeah so matt rider uh is in a virtual

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audience he owns a property in his personal name um he lives in the brewery town shardwood section

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of philadelphia so he's a nearby neighbor he's not one to go after variances just because of

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variances he'll do buy right projects okay this is one that justifies it we have 12 exhibits here

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um i have matt in the virtual audience i would ask him to virtually raise his hand and be sworn in i

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also have chris johnson the architect's representative here from 24 7 design so

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we have three refusals for this rsa 5 property we're trying to put a duplex there the use the

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community has no objection to that you'll look at the letter um they have no objection to that

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They have no objection to the occupied area where we are proposing 88% of occupied area

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where 75% is required.

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Their issue is the rear yard setback.

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We are required to have nine feet.

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We originally proposed to have six feet.

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We talked to the architecture team at 24-7 design.

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We have revised plans for seven and a half feet.

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They want us to comply.

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It just wouldn't make sense.

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whether it's single family they want they want us to comply with the code and you know so after the

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community meeting we talked to the architecture team and realistically whether it's single family

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or multi-family um you know we really do need that that extra length and seven and a half feet

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uh so again you could see it was a split vote i mean yes more people you know voted uh not in

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favor of this project as opposed to in favor of this project but it wasn't i wouldn't characterize

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isis as strong opposition so um you know they were no it says strong well but if you look at

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the letter itself all right i'll read it why don't we move on yeah but residents generally

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welcomed the development of a long vacant property and found the proposed two-family dwelling use and

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building design compatible with the surrounding neighborhood however residents raised concerns

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about the reduced rear yard which we're addressing um but they acknowledged that this made sense as

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a two unit it made sense for the occupied area it was just a rear yard that they wanted modifications

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of i don't know where the word strong is but you know i take offense to that so uh all right um but

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we'll we'll leave it at that um so we made two modifications i'm sorry you know that we're

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proposing we're trying to increase the rear yard depth to seven and a half feet um it's not a long

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lot to begin with if this was a shorter lot we would have only seven feet rear yard so we're

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actually above what those requirements would be and we decrease the occupied area

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and then so my client we were a little bit surprised because i thought i did the community

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meeting i well i felt it was a divided room i didn't i thought it was more people in favor of

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than not in favor of so i asked my client to reach out to the community and his nearby neighbors

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he has nine people between a petition and letters to support who are in support of this project

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again this property has been a vacant lot for literally 30 years and it's not out of character

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either. So again, we have multiple instances.

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So, again, we have multiple instances of RSA-5 properties that are multifamily in nature.

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We have a few here, 1642 North 26, 1635 North 26, Oxford, which is an intersecting street

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to 2602, 2621, and then maps of the area, there's mixed zoning nearby here, and on our side,

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there's a vacant property to the left and right of us, so it's been hard to develop single-family

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use here. Dimensional variances under Hertzberg, economic feasibility is actually a determining

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factor for a variance.

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So this is our photographs.

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Since been a vacant lot in Google Street View since 2009,

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but we have documented history since 1996

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that this has been a vacant lot.

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Our orange notice posting,

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North 26 to right, to left,

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are our plans and drawings.

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So we're six and a half feet out of the ground,

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and we're, excuse me,

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we're six and a half feet below ground,

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three and a half feet above ground and i think one of the things that we did not have available

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um i looked on that list during the community meeting it does not show this three foot wide

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alley we confirmed that so that goes further to like the light and air effect where they were

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afraid of the people on 26th street but we in addition to having seven and a half feet rear

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yard setback we have a three foot wide alley which we confirmed in the deed so in all of all

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intents and purposes we meet that nine foot rear yard setback having 10 and a half feet which was

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not something we discussed at the community meeting in terms of the floor plans we walk in

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we have a common kitchen area dining room we have a bedroom with a bathroom nearby we do have a door

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with a you know that's you know leading to the outside we have a lower level with a washer and

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dryer again we're six and a half feet into the ground three and a half feet out of the ground

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with respect to that we walk up to a second floor unit which is a bi-level we have an open floor

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plan we have a kitchen area ventilated trash closet we go up to the upper floor we have two

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bedrooms each near a bathroom to respect brewery town shardswood we did not propose to have a

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roof tech roof deck access structure we met with the community on october 15th at 6 30 p.m proof

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of email of our proof of posting is going to be proof of mailing to the addresses which are 111

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addresses these are the addresses proof of mailing to those addresses our application for zoning

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variance along with the notice of refusal and the project information form deed to the property

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showing matt is the actual owner he's not hiding behind an llc he's near he lives nearby he just

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thought that this would be a good project to add some some needed density and affordable housing

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to his neighborhood and our certificate of tax clearance where we showed it's 970 balance

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but you know matt paid that recently um with that being said i would ask that matt virtually

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raise his hand and be sworn in okay hello matt ryder sir could you please state and spell your

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name for this stenographer uh matthew spencer ryder m-a-t-h-e-w-s-p-e-n-c-e-r-r-i-d-e-r

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

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i do counsel yeah matt you heard everything i had to state today about your zoning matter

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i did and is it true and correct it is and do you adopt as your own testimony i do and and

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specifically you would agree to increase the rear yard depth by uh one and a half feet per the

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revised plans yes sir and also that you're a resident of brewery town shortswood section of

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philadelphia yes sir at 1629 north bay the street a block away and you have developed properties

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without variances in the past right yes sir all right thank you questions from the board

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uh you know my my comment is i just it's just having to go through a bedroom to go to the

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backyard is just a non-starter for me it just it's just a bad bad bad bad uh situation and

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And that makes absolutely no functional sense for a property.

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Yeah, I can say we try to, you know, have, you know, exterior access outside of a bedroom, but there's no opportunity to do it otherwise.

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Just a bad design.

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I mean, to have you again, I'm going to repeat myself and I probably just just don't put on a tape, having to have people walk through the most private place in your apartment to utilize an outdoor space.

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I mean, to have you, again, I'm going to repeat myself and I'd probably just put on a tape.

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It's just not good design and good practical design just isn't.

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Could you explain the trash plan for the units?

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We would store the trash outside for unit number one in the backyard,

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and for unit number two, there was a ventilated trash closet inside.

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I think there were a lot of comments in the RCO letter about things and provisos they would want to see,

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and I just want to, like, do you have an opinion or a comment about any of those?

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Let me take a look and see what those, I didn't see any provisos, but let's address them.

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one of them was to shorten the building three feet to come into compliance for the rear yard

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for the nine feet yeah so that's what we did we not three feet but one and a half feet we

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talked so the this plan that we're looking at has a seven and a half foot rear yard that's right

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that's that's the provide saying we try to do as much as we can reasonably do um it's a small lot

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to begin with and we wanted to have nice floor plans and clean size of the bedroom so we did

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to address that again we have three refusals the letter states that they're okay with the duplex

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they thought it was appropriate and compatible with the surrounding area they thought that the

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open area or occupied area however you would think about it was compatible which kind of goes to

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complementary to the rear yard setback but we did scale back that back at their request just

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could not accommodate the full three feet and then is the owner also going to live on site or

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is this going to be an investment property he lives on north valley street which is around the

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corner so it would be an investment but he typically develops in brewery town because

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he manages to self-manages the properties and lives nearby so that's why he typically develops

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in brewery town are the utility hookups for the second floor unit and going to be in the basement

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let's take a look because it looked it looked like they were but yeah i think they are but

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because then i think the only other question i have is then what's going to be the property

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maintenance plan that allows someone to have access to those given that only the first floor

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unit has access to the basement and the yard yeah i mean i can only tell you that our intention is

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always to put utilities like you know the front-facing utilities and like you know you

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know complete access you know for you know you know whatever maintenance but um i think that

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you're probably going to have some utilities like hot water heaters and stuff potentially share that

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your picometers your pg all of that's going to be in the basement yeah you don't get a choice

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yeah i mean so we would work diligently with uh you know the you know our tenants in that respect

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other questions questions from our attorney no questions at this time questions or comments

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from the virtual audience i see no hands chair planning commission good afternoon liz fusely on

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behalf of the philadelphia planning commission the comprehensive plan recommends no change to the

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rsa 5 residential single family zoning at this location the city changed the zoning in this

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neighborhood in 2014 and a council requested map change the appellant has not shown that there are

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unique physical circumstances or conditions to keep from using the property in strict conformity with

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the zoning code. The Planning Commission recommends the board deny the requested variances for two

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family use. So I would say we look at the surrounding area in terms of economic feasibility

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given these dimensional variances. Again, the community spoke in the letter stating that the

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use is compatible with the surrounding area. We showed multiple examples on 26th Street in Oxford

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where it met similar type of multifamily use for RSA-5 properties.

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And they're in agreement as to the one of the dimensional variances

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with respect to occupied area.

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In terms of the rear yard setback,

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we did as much as we could responsibly

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by decreasing the rear yard or increasing the rear yard to 7.5.

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And we have a three-foot alley in the back too,

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which in in practical terms it makes it 10 and a half feet to respect the people on 26th street

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for those reasons i would respectfully request it vote next week yeah fourth we will report it at

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2 p.m um what's the matter we're closing the record then oh yeah yeah just give me a chance

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and we'll close the record and we'll be with you on the fourth i appreciate it more for you here

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right yep so mi20260040102013 east ontario street um

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2013 east ontario street um letter of opposition from council member lazada

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is it ontario or orleans orleans orleans orleans i'm sorry i'm sorry from council member lazada

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and also the rco

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could you just state your name please yeah alan occamson so not gonna say can you identify your

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client a relationship to the property yeah my client is focused construction llc the owner of

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the property and to my left is torian connor its member okay our vice chair has a few questions

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good afternoon have you submitted your documents for this case 14 days in advance of this hearing

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yes we have and do you wait to read know your refusal and stipulate to us accuracy i do right

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thank you you see your screen and proceed with the keys all right thank you so i also did this

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community meeting i was a little bit surprised by the letter in the sense of the unanimous opposition

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because we i think everyone acknowledged that this was previously a duplex and there's a it

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was previously a duplex and and there were you know and there were you know other duplexes on

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the block i mean i think some of the focus had to do um with there was violations against the

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property we had no idea that you know that our contractor did not get permits for the addition

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and also at the time my client was in the process of paying his tax bill and you know which we told

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him we would pay at the time you know obviously before the hearing and there was again more so

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like you have to pay your taxes and like yes we we will and and we have never had that issue before

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so i think it was more so those issues um but i don't think anyone disagreed that again this was

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a two unit before so we have 11 exhibits and then i have torian to left of me we'll discuss the some

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of these matters but we're not seeking any dimensional you know refusals here right we we

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have a another zoning permit a file which allows us to have an addition of this property which we

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intend to do um but i i didn't even remember nine people in the room so i don't know if the the

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people that voted you know in this room were close neighbors or where they lived so all i have is not

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attendees of nine people and by the way i i don't know if i was one of the attendees um so i can't

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speak to that um we had to continue this matter because there was a lack of attendance in the

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first meeting again very good group you know i i don't begrudge you know they they're very organized

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um but i would just say that if you look at here 2005 east orleans is two units

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um you know you have 2001 east orlean is uh two units uh 2024 east orlean is two units

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i also have i think i don't know if i mentioned 2026 but there are like multiple instances of

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multi-units here and then photographs of the property is a two-story structure

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um you know we you know this orange notice posting we were asked to stop doing work at one

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point we do have a zoning permit to allow for the addition we have not gotten the building permit

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for that we're waiting for these proceedings to conclude um but this is east orleans to the right

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of the property to the left of the property and these are existing utilities um if you if i zoom

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in here it even set shows i can't i think it does at least i saw on my screen that the utilities are

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it's not like stuff that we just inserted these are like i think it says 2014 in here so these

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multi you know you know utilities have been in this property for some time my client bought it

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this way so he bought the property in june of 2025 and then there are plans and drawings let's go

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Oops, let's go to the floor plans.

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All right, floor plans.

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You walk into a common vestibule area.

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You have a living room, a kitchen.

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You have three bedrooms here.

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Two of the three bedrooms have bathrooms right next door to them.

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There is no living in the basement.

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We would agree to a proviso.

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