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Hearing video

ZBA Hearing - August 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 28, 20245h 58m

Morning, Mr. Ali.

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Please state your name as spelled for the court stenographer.

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Good morning, Chairman.

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My name is Jihad Ali, J-I-H-A-D-A-L-I.

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

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All firm.

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Please proceed.

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yes good morning commissioner i just wanted to ask uh if he could show that drawing again i also had

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a question about the the rendering it seemed like it was the same uh project it just went so fast i

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couldn't really see it is there is there any rendering of the outside of the building

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yes i have a exterior rendering i believe for both of them i was not including that

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in what I was showing today for expediency, here's 2101 exterior, and there's 2201 exterior

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renderings.

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If you'd like me to stay on one or the other, Mr. Alley, I'm happy to.

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Just let me know.

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No, counsel, thank you.

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I just wanted to see the difference in a two-story and a three-story.

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so this looks like these are the three stories do you are there any two stories

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i thought we had one in this in this trench i'm not certain because i did review all all these

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and i don't recall one um one one showing up that was a three-story but these are all these all

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match and i have seen their two-story designs as well i don't know if any are in this batch

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of properties off the top of my head all right thank you thank you for sharing sure

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Sure. Questions or comments from the Planning Commission?

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Planning Commission.

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One moment, please, sir.

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Sure. Take your time.

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14 and 20. 2201 North Aves.

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okay the comprehensive excuse me dan powers with the planning commission the comprehensive plan

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recommends no change to the cmx2 zoning at this location the proposed use will have no detrimental

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impacts to the adjacent properties the city planning commission recommends that the board

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grant the variance for single family residents both places am i correct correct sir okay thank

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you. So MI 2024-002-25-2201.

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0-0-2-2-5-2-2-0-1 North A Street, and number 20, MI 2024, 0-0-2-3-1-5-2-1-0-1 North A Street.

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I vote yes to both.

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Cheryl Gaston, I vote yes to both.

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Tanetta Graham, my vote is yes to both.

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Tyia Nguyen, my vote is yes to both.

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James Snell, my vote is yes to both.

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James Snell, my vote is yes to both.

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Number 22, MI 2024, 002-327-2121 North 10th Street.

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Mr. Consul.

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All right.

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Joseph Consul on 2121 North 10th Street.

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Property is part of the same development agreement between the Land Bank and

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of Edda Property Group, LLC, whom I represent, and whom I'm here today representing.

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2121 North 10th.

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Sorry, I'm not getting my full presentation here.

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Apologize for the delay.

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north 10th all right so 2121 north 10th let's see i just have that is that let me find the refusal

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real quick all right we have a refusal for 2121 north 10th street this property is zoned industrial

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2, which prohibits single-family home usage on the property.

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We met on this property with APM.

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I have addressed their concerns previously, and I'd like to incorporate that into my testimony regarding this property.

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Here's pictures of the posters for 2121 North 10th Street.

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the development plans this is another three-story three-bedroom two-bathroom home

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just because it was asked previously here's the detailed exterior photo or exterior renderings

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of the property, the tax clearance

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certificate, and

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I think that ought to be it.

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I could have Mr. Tomasetti adopt my testimony that we're seeking to build a single family

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home on 21 North 10th Street.

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Mr. Tomasetti, just state your name.

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Michael Tomasetti.

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Please proceed, counsel.

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Mr. Tomasetti, did you hear my testimony just now regarding 2121 North 10th Street, and do you adopt it as your own?

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Yes, I do, Joe. Thank you.

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Questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr.

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Questions or comments from the virtual audience?

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I see no answer to sign, Chair.

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Planning, Commission?

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Good morning, Dan Powers with the City Planning Commission.

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The comprehensive plan recommends changing the zoning at this location from I-2 to RM-1.

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The proposed use will have no detrimental impacts to the adjacent properties.

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The City Planning Commission recommends that the board grant the variance for single-family residents.

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Thank you. MI 2024-002-327-2121, North 10th Street, I vote yes.

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Cheryl Gaston, my vote is yes.

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Tynetta Graham, my vote is yes.

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Taya Nguyen, my vote is yes.

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James Snell, my vote is yes.

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James Snell Shaheed, my vote is yes.

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Thank you.

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And number 23, MI 2024-002-337-2214 North Marshall Street, Mr. Consul.

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And this also has unanimous support from the 37th Ward RCO.

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Good morning, Ward. Good morning.

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I'm here on behalf of Chevetta Property Group, LLC.

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And while this property is part of the same May 2024 agreement between the Philadelphia Land Bank and Chevetta Property Group to develop 2214 North Martian Street as a single family home,

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this property was held, was reviewed by a different RCO. So the request is the same.

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The property is zoned CMX2. And the reason we're here is because my client wishes to build an

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and the reason we're here is because my client wishes to build an entire single family home

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entire single family home.

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without the required 30 feet of commercial space on the first floor we met with the 37th ward rco

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and we had a unanimous support all 14 attendees supported our project that meeting was in june

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here's the proof of mailing

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Here is photos of the vacant lot with the signs,

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our project information form,

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some photos, the three-bed, two-bath layout that is uniform for all the projects that were

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presented today. And again, the tax clearance was not available. We have a zero dollar tax balance

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that we're providing in lieu uh and here are the detailed external plans for this property wait

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that's the wrong one marshall street marshall street yeah let's see if i got those on hand and

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And do, let's see if, there we go, 2214 North Marshall Street, external showing the build between the properties that you see in the photo on the bottom left.

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I'll have Mr. Tomasetti adopt my testimony, if he's available.

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Mr. Tomasetti.

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Mr. Tomasetti, please unmute yourself.

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Michael Tomasetti. Please proceed, counsel. Mr. Tomasetti, did you hear my testimony

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just now regarding 2214 North Marshall Street and do you adopt it as your own?

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Yes, I do, Joe. Thank you. Thank you. Questions from the board?

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Questions or comments from our attorney? Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands at the side, Chair.

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Planning Commission.

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Good morning. Dan Powers with the City Planning Commission.

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The comprehensive plan recommends no change to the existing CMX2 zoning at this location.

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The proposed use will have no detrimental impacts to the adjacent properties.

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The City Planning Commission recommends that the Board grant the variance for single-family residents.

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MI 2024-002-337-2214-North Marshall Street, I vote yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Taya Nguyen, my vote is yes.

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James Snell, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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Thank you, counsel.

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Appreciate your time.

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Okay. We're going to move to number two. MI 2022, 006705 2000, Larry Street. Alan Notkinson is the attorney. I believe there is. Hillary, we have a letter for this?

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Yes, we do, Mr. Chair. Give me one second.

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um oh no actually i'm sorry no this one we do not it was a different one that we received all right

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thank you very much we do not have a letter for this one mr knockamson he's coming back in as a

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panelist now chair good morning mr chair members of the board alan knockamson for the applekins

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Sylvia Kaba. Could you, just for the record, could you spell your name, Mr.

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Nockamson? Allen, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N. Do you swear or affirm that

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tell the truth, the whole truth, and nothing but the truth? I do. Our vice chair has a few

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questions, sir. Thank you.

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i do and you know then all the required documents and exhibits that's needed to

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proceed with this case five days in advance of this hearing yes we have thank you council

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please proceed and share your screen all right thank you

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Again, good morning. My name is Alan Nockmson of Nockmson PC.

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With me is Anthony Cava, Ms. Cava's husband, who's going to testify with regards to my presentation.

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I would ask that the Board hold a vote. We intend to re-present this matter.

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a vote we intend to represent this matter based on requested changes from the community we intend

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to present this matter to the community in october so we would ask that the board hold this vote

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i don't know if the this our coordinating rco's representative is in the virtual audience i would

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just ask that he would tell us when the community meeting is and then we can schedule the resumption

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hearing as well. We're here to present 2000 Larry Street. It's in the southwest section of

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the city. During my presentation, I'm going to show you the notice of refusal for this RSA5

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property, the correspondence, which we haven't received from the 40th Ward's Republicans,

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but we do have letters to support from nearby neighbors. This property has a long history

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of mixed use, which is now the proposed use of the property based on recommendations or

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suggestions by the community, which we'll represent to the community after this hearing.

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Maps of the area, we're a corner property on the corner of Larry and Kid Sensing.

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And, you know, you'll see maps from a Zoni perspective, as well as a Google Maps perspective.

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Photographs of the property in the surrounding area, which will include photographs of what

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the property looked like when my clients purchased the property. Interior photos of the property.

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Currently, the entire building structure is used as an administrative office for a personal care

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company that does in-house care to elderly individuals nearby. During the presentation

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too, I'll elaborate, but my client employs many people in the neighborhood. They have three

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full-time employees in the property. But there's over 100 employees who are employed by this

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company who come in probably once a week to pick up their paycheck. But 70% of those employees

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live in the neighborhood. So this is a good base for the neighborhood and a good employer for the

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neighborhood. We'll review our plans and drawings. My team put together just simple floor plans just

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to show you like what we're proposing now, which is a change in what the current conditions are.

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Like, again, we currently use the entire property for our administrative offices. It was asked of

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us to allow for residential use above. So we're cutting down our commercial space at the behest

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of the community. Our RCO meeting notice, we have met with the community, I believe at least once,

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maybe twice, but we'll be meeting with them again after the hearing. Our applications for appeal

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that we filed on our client's behalf, the deed to the property showing that Ms. Kaba is the owner

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of the property, and our certificate of tax clearance. Again, at the conclusion of my

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presentation, I would ask that her husband, Tony Kaba, virtually raise his hand. I'll have a few

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questions for him, and then we'd be more than happy to take any questions from the board.

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And then, you know, at a resumption hearing, you know, I would, you know, let the board know, like, how the community responded to this updated proposal.

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So our notice refusal is this. This is an RSA 5 property. It's a corner property.

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And what we were looking to do in the, you know, originally was just to legalize the administrative offices of this personal care provider.

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And, you know, we had two refusals. First, you know, business and professional office use is not allowed in RSA-5 properties. And then there was signage on there as well, which we took down at the behest of the community as well, which was also, you know, required for us to, you know, to get those approvals.

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Again, this property has a long history of of having mixed use and just commercial use in general.

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So we, you know, and my client has a good relationship with the with the with the neighborhood.

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So we're still working through this, but we do have a letter of support from nearby neighbors.

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and then again going to the property history again we just got this through atlas but you

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can see here there's different instances of um you know here one is in 1953 you had one

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residential unit in the candy store in 1949 there's a reference to being a service station

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in a garage of some sort. So again, even though this is an RSA 5 property, it has a long history

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of non-straight residential use here. And then in the maps of the area, here is ConsenSync,

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and here's Lowry Street. We're surrounded by a lot of ICMX properties. So again, it's not

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we're surrounded by a lot of icmx properties so again it's not a character and we're next to cmx

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too not of character to have you know this use based on the property history but also not of

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character based on the fact that we're surrounded by a lot of non-residential properties and then

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you can just see this from a google maps perspective as well again we're near public

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transportation as well. It's a light use of the property in that my client has three full-time

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employees there, which I believe includes his wife, where I guess the wife is the owner, but

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she works there with two other people. And then they have about 100 employees that are employed

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throughout the area. And the only thing they're doing is picking up their paycheck. So photographs

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rest of the property. This was what the property looked like when we started. There was an ATM

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machine in the front. The reason is, is because most of our employees pick up their paychecks

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and there was a way for them to just put their paychecks, I believe, in there or maybe get cash.

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I don't know, but it was an active nuisance. My client didn't understand that until they met with

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the community, and they removed that. In addition to that, you know, they got rid of the, or they

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reduced the wattage on their signage in their window, and then they cut a lot of the signage

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out from their property as well. So, but this is Lowry Street from Consensing Area or Sides,

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and then these are like the zoning hearing notice posters. What you'll see here is an updated

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red box here, that's actually a registered free library box where people can can exchange books

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