civus
Hearing video

ZBA Hearing - August 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20216h 3m

yes ma'am uh do you want to do a resumption

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uh i'm looking at a note from sharon excuse me quite a few cases then we have to break for lunch

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uh i think gentlemen i think that we're going to need to do a resumption uh we're just out of time

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we have one two three four potentially four five other cases we're never going to get to any of

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these cases. We have to break at 1245. That's the rules that we have to abide by.

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We can do a hard stop at 1 p.m. too?

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Unless you guys can finish up in the next 10 minutes.

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I can't speak for Mr. Malloy. I do know that there may be some witnesses on the call. I just

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want to note on the record i believe celeste hardister uh president of the crca is with us

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to testify as well as john carpenter uh chair of the zoning committee of crca as well as a near

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neighbor and there may be some other neighbors um that we want to note on the record if it's

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rescheduled we'll have to see if they can be available for the next day yeah we don't like

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doing this. I mean, we apologize. It's just we have rules that we have to abide by as far as

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time is concerned for staff. And like I said, there are other cases on this list that we're

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not going to get to. We're going to be continuing a few of these, I'm sure. So if we can, we can do

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a resumption hearing. Are we just able to, it's just a suggestion, are we able to have folks

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raise their hand and at least note on the record how many folks are here yeah they can name and

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address that would be helpful yes okay i i don't know if there are i know there's probably two i

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don't know if there's more mr carpenter and i can't remember the lady's name if you can raise

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chair this is sharon i believe hillary emerson is also here to testify

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We'll get the three, the head of the RCO, and John, I believe, is part of the RCO zoning committee, and Ms. Emerson.

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Please raise your hand.

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Why don't we do this? Why don't we get Ms. Emerson on first, if we could?

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Ms. Emerson, just identify yourself. You're still under oath.

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Ms. Emerson, are you still available?

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I apologize, Chair. Ms. Emerson just texted me. This is not the case that she is here for.

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Okay, sorry. No worries. Mr. Carpenter?

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Chair, we have eight people who have their hands out to testify.

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We're never going to be able to get through to that.

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We're going to have to do a resumption hearing.

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and uh excuse me we have a specific date uh tanya

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um i have to look for one

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october 19th at 9 30. 19th at 9 30. is that august or september guys

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October October October 19 wishful thinking okay thanks

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I don't think I'm doing anything October 19th yet so there you go

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okay all right so yeah I'm open for it yeah all right

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All right, so, yeah, I'm hoping for it, yeah.

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All right, MI, thank you, MI 2020-001120-348 Green Lane.

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This hearing will be resumed on October the 19th at 9.30 a.m.,

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at which time we'll receive any feedback from the RCO and nearby neighbors.

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Sorry, gentlemen, and sorry to everyone out there waiting.

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Did Mr. Malloy have any additional witnesses?

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that are no no additional witnesses i'm going to reserve the right to call anybody in rebuttal

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though okay thank you gentlemen thank you excuse me this is sharon if possible could we announce

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in case anyone is here for one red lion road that that will be relisted and if there is time to do

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one more case i believe the next one is um should not take much time am i anyone here if anyone is

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here for one red lion road this is going to be continued correct uh sharon it's going to be

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relisted it's a resumption hearing be relisted one lion road will be relisted to resumption

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hearing apologize to everyone who's been waiting patiently but we're up against the clock uh which

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case are we going to do next sharing the appellant is agnes walker it is

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gilbert street it's a pro say number eight yes am i sorry pardon me for interrupting this is

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Tanya, are we going to skip number seven?

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Is that what we're doing?

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It says no RCO letter.

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I believe there is an opposition letter

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and that this case is opposed.

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I don't think that we could get through it

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in the remaining time.

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Okay.

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The resumption hearing also?

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I guess see where we are

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and then make a decision what to do on the other cases

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But I do believe that you can finish Ms. Walker's case today and that that should go next.

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Okay, let's do that.

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And we'll go back to the other two and figure out whether the resumption or continue.

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Number eight on our list, MI 2021-000550-7736 Gilbert Street.

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it's pro se miss agnes walker 50th war democrat ward executive committee sends a letter of support

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and i can confirm that all of ms walker's documents are in

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and this case um hillary emerson i am sure is here to testify

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it. Ms. Walker? She's going to rejoin as a panelist, sir. Thank you. When you get on,

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Ms. Walker, please spell your first and last name, and I'll swear you in.

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Agnes Walker. W-A-L-K-E-R. First name, Agnes, A-G-N-E-S. Do you swear for him to tell the

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truth, the whole truth, nothing but the truth.

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Yes. Thank you, ma'am.

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Please appreciate it. Ma'am, have you emailed an

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exhibit packet with the required documents,

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proof of ownership, proof of tax

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compliance, copy of the refusal

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or referral, photos and plans

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five days prior to this here?

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Yes. Yes, I did.

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I'm not sure we lost you.

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Oh, okay. Here I am. I'm back.

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Please proceed.

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Ms. Walker?

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Yes.

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Please proceed with your testimony.

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Yes. I would like to have my license for a duplex, aborted as a duplex.

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and now it's registered as a single family dwelling and it's actually a duplex

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do you have any exhibits you can share with us

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yes i have uh i sent copies of uh the duplex itself

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why don't we do this let's get miss emerson on

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thank you just identify yourself mr emerson you're still on the road

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thank you um hillary emerson from councilwoman sherelle parker's office

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may i proceed yes please okay um if the councilwoman um is not opposed to the duplex

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variance requested. In this case, this is a corner property, which in this area and many

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which in this area and many other areas, it's not uncommon for those to be multifamily.

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other areas, it's not uncommon for those to be multifamily.

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Two other corners on this block are multifamily properties.

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One was granted by variants in recent years.

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The community was not opposed to this, and the Office of Property Assessment already recognizes this building as a multi-unit building in its description.

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And so the streets department is charging trash fees.

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it's based on what we can tell it's the long-standing use has been a duplex

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this is more or less a legalization of correct yes all right thank you any questions from the board

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no no thank you planning commission

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good afternoon board i believe actually isn't available but i'm jonathan dones with the

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planning department please spell your full name and i'll swear you in yeah jonathan j-o-n-a-t-h-a-n

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last name goins g-o-i-n-s we're a firm to tell the truth the whole truth nothing but the truth

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i do thank you please proceed this property is indicated for single family residential use in

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the city plan but given the documented pre-existing use history we recommend requested variances be

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granted thank you mi 2021-000-550-7736 gilbert street my vote is yes confessor plaza my vote

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is yes jane snell my vote is yes thomas holliman my vote is yes okay sharon where do we go from

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here we go back to uh it's it's a quarter of isn't it yes um tanya's miss sunkett has said

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that we can stay on for a few more minutes if we want to try to start Mr.

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Knockinson's case. As for Lancaster Avenue, I will try to contact the attorney

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and maybe add it to the two o'clock list if that works. Okay, let's give that a

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try so mi 2020 that's zero zero three four one seven five zero zero two north 12th street

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mr knockinson uh i don't know if we received the letter yet my notes say that we have not received

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it but you'll clear that up for us i'm sure logan civic association yes uh uh it's oh it's good

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Good afternoon, Mr. Chair, members of the board, Alan Nockmson, A-L-A-N, last name Nockmson, N-S-N-A-N-C-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia PA 19109.

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You swear from the tell the truth, the whole truth, nothing but the truth?

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I do.

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Mr. Nockmson, you agree to waive the region of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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We have.

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Thanks. And have you met with the RCO and have a letter?

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We do. We do have a letter, and it's in my packet of materials.

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May I share my screen?

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Please do. Thank you.

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All right. And I will try to keep it brief. I understand everyone wants to, especially staff, want to go to lunch.

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So I'll try to keep it as brief as possible.

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Again, my name is Alan Ockamson. I'm here to present 5002 North 12th Street, which is a few blocks off of the commercial corridor, as we know it, of North Broad Street, and also half a block off a commercial corridor called Lindley Avenue.

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So with me is the property owner, Rita Morgan.

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A little background about Rita.

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She's a nursing aide, and she is looking to use this property, convert it from an RSA

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3 property to make it multifamily three units, one of which of the units she will personally

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live in herself.

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And I know the board frowns upon this, but she did not start the correct way.

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at the time when she purchased the property she like did not know that she had to go through this

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whole process and she did not have counsel did she not have an architect she worked with a

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contractor who led her afoul where she started the work so the work that's inside there it's

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already framed out when she purchased the property too she understood that she didn't

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she didn't understand that she needed to go through this whole process so we'll go through

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the materials, but you'll see that there are 32 properties on this block, 14 of which are

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multifamily. The multifamily that we're proposing is not out of character with the neighborhood.

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So you'll see in the table of contents, a detailed property, certificate of tax clearance, notice of refusal, application for appeal, maps of the area, photographs of the property, as well as the surrounding area, plans and drawings, nearby properties with multifamily history, a petition she'd circulated to nearby neighbors.

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So you'll see in the table of contents, a detailed property, certificate of tax clearance,

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notice of refusal.

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And you'll see from the map how close those nearby neighbors are in comparison to where the property is, letters of support she got from nearby neighbors as well, as well as correspondence from the Logan Civic Association.

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So, again, Rita Morgan purchased this property in April of 2020.

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And, again, when she purchased the property, she was looking to do it as, like, where she can renovate a property, live in it herself, be able to afford to live in it by, you know, having income from the rentals, you know, in that building.

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So, she's in good standing with the city of Philadelphia.

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Again, this is our RSA3 property.

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we're not looking to expand the building structure in any way this is a three-story structure where

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she's you know going to be living on on the first floor you know in the lower level you'll see also

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pictures that in the lower level in the rear there's a set of steps that go up from a safety

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perspective i know the board really cares about that but miss you know miss morgan will be living

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the first floor and lower level but she does have the safety built into the property of way

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is configured our application for appeal

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and then just maps of the area as you can see we are not that far off of broad street

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we are this is where lindley is we're near public transportation and then photographs of the

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property this is a three-story structure at 5002 north 12th street she's not changing in the

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outside physical characteristics. You'll see properties to the right of the property on North

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12th, properties to the left on North 12th. You can see her backyard. This was taken some time

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ago. You can see the snow, but we were originally here in March when it did snow, and then we had

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a postponement. What you'll see here, most importantly, is the set of steps that's leading

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out of the lower level so she has direct access uh where she can get out or whomever lives there

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can get out uh and you know safely and then here are plans i'm just going to make a little smaller

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so i apologize if you can't see uh you walk in you go up there's two doors one will be her unit

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where you go into living room bedroom in the kitchen open floor plan and then a lower level

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where she'll have like a little family room and a little office down there or some type of

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transitional space. You go up a flight of steps. Second floor is two bedrooms, one bath. Third

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floor is two bedrooms, one bath. No roof deck, no change in characteristics of the property.

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If you look, again, my philosophy in zoning variance practice is if you walk by the property

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used as proposed and it doesn't stick out like a sore thumb and fits within the character of a

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neighborhood, then that's something that makes sense most times. So again, 32 properties on this

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block and 14 of which, and I have some on the 4,900 block, which I haven't counted, but on 14

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of the 32, not including ours, are multifamily in nature. We're proposing three units. This is

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a property that's almost 2,000 square feet. The lot size is 1974. And as you can see, there are

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many, many properties on this block with similar characteristics with, you know, similar uses.

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And then here are just some pictures of some nearby multifamily, five, you know, again,

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but if you look at the ones here, 5001, 3, 6, 7, 12, 13, 14, 18, 20, 21, 22, 25, 26, 29,

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all on North 12th Street are a multifamily in nature. Also, if you go on the, you go on Atlas,

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You look at the L&I file, you'll see that this has a three-unit history, two residential, and one tailorshaft back in this past.

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So this is not a property that has a significant and sole residential single-family use.

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It has been used multifamily in the past.

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Here are some pictures.

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5005 North 12th is a triplex.

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5004 North 12th is a duplex.

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06 is a triplex.

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13 is a duplex.

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uh 22 is a triplex 28 is a triplex 29 to triplex 31 to triplex now we did meet like because we had

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difficulties like usually it's the other way around but my client's a little elderly so she

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was having problems getting on the community meeting via zoom um so there were some issues

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um so there were some issues with that and quite honestly the community meeting did not go as we

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with that and quite honestly the community meeting did not go

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planned we did not expect to have these issues but we then circ and we tried to get a new community

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meeting given the fact that my client was unable to participate fully um but we can never that was

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one of the reasons why we asked for a continuance was to try to have a second community meeting

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