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Hearing video

ZBA Hearing - May 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 7, 20255h 57m

And the same thing with the second floor.

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Bedroom on each side.

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And the side stairs is how you enter.

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I'm going to zoom in a little bit so you can see that the basement is just mechanicals.

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The height will remain on the first floor as is.

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So I'm going to pull out the properties in disrepair, so there are no real good photos to share other than, you know, in its current condition.

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So we'll give you that.

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As you can see back here, two gas meters.

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you'll also see on the side of the property two electric meters

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previous there's an entrance here and the taconi folks have asked that we keep the trash on the

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side here this is a breezeway and then the adjacent property is a parking lot for several cars and

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then adjacent to that parking pad is another multi-family dwelling all on this side of the street

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as you can see there there historically has been two mailboxes

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Here's the letter that went out to all relevant households, inviting them to today's hearing, in addition to the community meeting.

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114 individual households were mailed through the Vista Secured Company.

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Here's the history that we were talking about previously.

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1967, present use to family dwelling.

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Lock itself is not very dense.

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Across the street, there's another multifamily dwelling,

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a garage, and someone's side yard.

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It does not face any residential homes other than that.

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There's also proof of tax paid.

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And a deed that indicates that my client purchased this property a year ago because of the support of the community, because of its long history as a two-family dwelling, because of the adjacent property being a parking pad and next to that is a multifamily, I'm respectfully requesting the granting of the variance.

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As a public policy matter, as we all know, the mayor has asked for 30,000 affordable housing products and quality ones at that.

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This kills two birds with one stone here.

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In Taconi, in this particular neighborhood, a four-bedroom, two-bath home, 1,500 square feet, is currently being sold at market for $310,000 in Taconi.

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These units will rent about, by the way, that $310,000 equates to about $2,200 a month in a mortgage payment currently.

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These two-bedroom units will rent for about $1,200 a month.

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will rent for about $1,200 a month. So it's $1,000 less, making it far more affordable

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So it's $1,000.

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and eradicating blight at the same time. This long blighted property will finally be revitalized. So

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in granting this variance, this board will be helping the administration achieve two

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very important goals. And with that, I would like to have Mr. Biles raise his virtual hand.

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Claudio

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Billis

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Billis

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counsel

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I'm sorry but I did not see that

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individual in the virtual audience

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okay thank you

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as an officer the court will accept your testimony

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questions from the board

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yes can you go back to the plans

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yes sir

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So while I appreciate the goal to support the mayor's initiative to develop affordable housing, I'm concerned with the layout of that first floor unit in terms of really it being livable for a two-bedroom.

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there's no place that you really show where you can have a table and eat

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uh and i'm assuming that because you've got the breezeway you can access the rear yard

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from the ground floor unit from the side okay correct um this is the living space i'll blow

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it up for you a little bit no i can read it oh okay i'm some i'm looking at it's you know where

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do you eat? You have to sit on your sofa and eat your dinner? Well, if you ask my 21-year-old

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son, yeah, that's exactly where, but I'm being funny. I question the livability of the unit

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and the square foot for a two-bedroom unit on the first floor. At least on the second floor,

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you did provide or they did provide a space where you could have a table um yeah so so that's so

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that's the concern the other concern is having to go from through the living room to go to a bathroom

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on the opposite side of the of the unit but that being said is here yeah from the from the bedroom

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on the other side and likewise on the second floor but at least the second floor is a little

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more livable than that first floor unit so those are my comments and um now trash where's the trash

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stored the um the situation asked that the trash containers be placed on the side in the rear uh

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and that the the homeowners put the trash back each unit will have its own container

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With respect of the first floor livability, we're certainly not opposed to eliminating one of the bedrooms.

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I mean, I don't necessarily know how we would put that on the record other than by saying it here under oath.

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But if that's what the board is looking for to make it, give it more common space living, we're certainly okay with that.

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all right those are those are my comments i have a question about the washer dryer i'm assuming

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that the closet on each plan um there's one on the first floor next between the kitchen and

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the living room there's another one in the bedroom in the second floor plan are those

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meant to be stacked washer dryer units let me go to the basement before I answer that question

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because I don't know this uh uh these this doesn't look like washer dryer and neither does that

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that looks like furnace so uh to the extent that these units will have a washer dryer

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that's where obviously a closet space would be where they went but I I can't I didn't draw these

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as you know. So I can't and it's not identified on the plan. It's not. So then my question also

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then becomes where are the second floor utility hookups? Because right now it looks like only

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the first floor unit has access to the basement, which would make it really difficult for the

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second floor unit to access their both their electric panel and meter, as well as any of

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Is there other utility hookups?

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I will double down on what board member John said

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about the livability of the first floor

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because that one of those bedrooms

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doesn't even have a closet.

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And then a question I have, which I understand you're not the architect, but just putting it on record, is that the scale of the second floor bathroom looks off.

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And then a question I have,

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which I understand you're not the architect,

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but just putting it on record.

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It looks different than the first floor, which shows a standard tub.

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And the second floor looks like it's supposed to be a standard bathroom, but the whole thing got squished.

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And I just know with two bedroom units, those are generally considered for families.

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And if it's going to be a single bathroom in a family unit, I typically want a tub in case there's a small child.

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So it looks like that would have to be a stand-in shower and not a tub.

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I'll speak to as many of the issues you brought out as I can.

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I took notes, Ms. Wynn.

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First, the utilities.

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All the utilities, I was told, will be in the basement, and there will be a panel in the units,

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so you know which is not uncommon uh there'll be an electric panel in the units and that's really

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all they would need uh typically uh so that's the the second issue which is i think really in the

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major one important one is that that second bedroom on the first floor again we are not

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opposed to eliminating it uh in order to make the space more livable uh and we can certainly

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I mean, I will say, is the owner planning to live at the location in one of the units?

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I'm sorry, say it again.

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Is the owner planning to live on the property in one of the units?

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The owner's child, he's purchased this and would like to renovate it, and one of the units will be for his son.

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Okay.

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I just know typically, if you're going to have a duplex, when one of the units has exclusive access to the basement, but major systems equipment for the other unit is in the basement, that is generally not a great rental setup.

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And so, like, you know, to have some access in case there's, you know, an issue with any of your, you know, MEPs or your HVAC, to have to go through the other unit means you're now having to coordinate with the owner, you know, whoever's renting on the first floor below you to get your own house fixed.

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And I know that causes just a lot of maintenance and property management issues.

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Yeah, the process would be that the tenant who had an issue with a utility or if the owner has the issue with the utility, the property management team will have their, you know, HVAC guy or girl or woman come out and fix it and coordinate with that tenant.

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Of course, the landlord and the property management team have complete access to the property in both units.

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Okay.

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Other questions from the board?

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And not to pile on, but I agree about this first floor setup. I really am concerned about the idea that you have to go from this one bedroom through the living room to use the bathroom there on that floor.

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I don't, I don't think that that's a good setup either. I mean, not only do you not have any place to kind of sit and eat or whatever, but you also, there's no, there's no closet. There's no bathroom near there.

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This is the, I'm talking about this bathroom, the bedroom here in the back. The one where the window is, the one at the top.

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This is being eliminated.

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I'm sorry.

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That's being eliminated.

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We've already landed on that.

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Yes.

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I hear you loud and clear.

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Yeah.

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Okay.

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Questions from our attorney?

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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You have not seen any hands raised, Mr. Chair?

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If we chose the vote, we can improvise the one bedroom on the first floor.

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Okay.

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Thank you.

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I'm okay with that.

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Yeah.

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All right.

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know what I guess to counsel here. Well, I'm a counsel too, Mr. Chair. I didn't know who you're

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asking, but okay, cool. Amy Ward with the Planning Commission. The comprehensive plan recommends no

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change in zoning to the existing residential single-family RSA 5 at this location. While

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there is a documented history of two-family use, the property is in shell condition and this use

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is no longer current. There are no unique physical conditions or circumstances of the property that

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prevent it from being used in conformance with the zoning code therefore the planning commission

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recommends the board deny the proposed variance for two-family residential use and for no off-street

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parking thank you mr chair i just i'm sorry to interrupt just want to make a correction the

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planning commission is incorrect it's not zone rsa five so rsa three thank you okay um mi2024

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007-372-4722 Wellington Street.

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4722 Wellington Street.

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I vote yes with proviso.

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I vote yes with proviso.

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Trash door towards the rear on the side of the building.

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One bedroom on first floor only.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with provisos.

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Vanetta Graham, my vote is yes with provisos.

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Everyone, my vote is yes with provisos.

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Thank you all.

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My vote is yes with proviso.

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Thank you, counsel.

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Thank you.

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All right.

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So number eight, MI 2024-007-407-881-Winwood Road.

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Devin Upta is the attorney.

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There's a recommendation of support from the Neighbors of Overbrook Association.

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Vote was 10 in support, 2 non-opposition.

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Let me come back in as a panel shortly, Mr. Chair.

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Council?

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Good morning.

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Good morning, Council.

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Good morning.

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can you hear me yes uh you if i remember correctly i swore you in once this morning am i correct

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uh i believe so yeah could you uh state your name just for the record

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yes devin ukda last name uqdah all right could you also identify your client in relationship

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to the property yes my client is the trustee it's just the property is owned by a trust

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she's the trustee uh Fatima are you an audience all right and our vice chair has a few questions

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good morning counsel do you agree to wait to read another refusal or stipulate towards accuracy

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yes I've emailed in all the required documents and exhibits as needed to proceed for this case

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five days in advance of this hearing yes thank you counsel please proceed

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are you able to see my screen we can okay i'll just make sure my client

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okay so all right perfect um so the address of property is 881 winwood road philadelphia pa

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um this is the letter of refusal um so the property the basically letter refusal says that

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it's a single is a it's going to basically we're trying to add their ability to use

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uh business and professional services and on the side of on the side of the property

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there will be no structural changes or any like major renovations going on it's just that due to

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being a residential they you know you need to change the license you need to go through zoning

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approval for it from the operated business out of the residential property because currently zoned

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as RSA3. This is the deed of the property. As I stated, it is currently in trust, the

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property is currently in trust, and the trustee is here to adopt my statements. So currently,

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the property is located here.

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It's a corner property.

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These are all residential.

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It's Arm 1.

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So there's a picture a little zoomed out.

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Again, most of the properties

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on the block are RSA 3.

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All the properties on the block are RSA 3.

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Over here, the properties are Arm 1 and Arm 2.

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There's also, at the other end of the block,

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there's commercial spaces as well.

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This is like a major street.

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again this is a another area of the property um so it's in between 63rd and 64th on winwood

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so this is the property um as it's currently as it currently looks um this is the property

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here on the corner on the which i was into on the side of it here is where the business will run out

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of um so these are some of the rm1 properties that i saw again this is a close-up view of the

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door where the business will run out of devon could you find a way to make that a little

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larger it's kind of hard to see yeah let me see is that better a little better yeah okay

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Okay. So you're saying on the side there where the entry will be for the for the business.

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so you're saying on the side here where the entries will be for the

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So basically, the owner is is resides at the property and they want to run their business like from their home instead of using office space.

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