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Hearing video

ZBA Hearing - July 22, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 22, 20204h 57m

Yes, I do.

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Great.

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And then is Mr. Leonard on?

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I am, yes.

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Mr. Leonard, do you adopt my testimony as stated?

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Yes, I do.

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Thank you.

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Mr. Leonard, please give your full name and address, and I'll square you in.

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I'm sorry.

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Sean David Leonard, 642 Washington Avenue, Haddonfield, New Jersey, 08033.

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Thank you.

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And the adoption of the testimony that the counsel just read off, you swear and affirm that is the truth and nothing but the truth?

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Yes, Chairman.

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Thank you.

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Is there anyone else, Tanya?

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no i don't see anyone else okay uh questions from the board

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planning commission uh we have no objection to the granting of the

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variance thank you calendar number three nine

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seven five zero nine nine nine eight frankfort avenue

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my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

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thank you thank you mr chairman mr chairman do you know the timing on a

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written decision they just have some financing constraints you will have to

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talk to the administration office so you can send the email thank you very much

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I appreciate it thank you have a good afternoon you too calendar number three

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nine eight two nine nine one one West Dauphin Street the attorney is Alan

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noccamson

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mister knockin since you agree to waive the reading of the refusal and stipend

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to its accuracy? Yes, I do. And do you also swear to affirm or to tell the truth and nothing but

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the truth? Yes, I do. Spell the name for the stenographer, please. Allen, A-L-A-N, last name

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Nochamson, N-O-C-H-U-M-S-O-N. Address is 123 South Broad Street, Suite 1600, Philadelphia, PA,

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I also have two witnesses who are also attending via Zoom, Constantine Petroff, who's the owner's

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representative, and Alex Dollar, who's the architect of record.

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And I would have Mr. Petroff be sworn in, so then he can attest to what I state during

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my presentation.

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Is it possible for him to raise his hand?

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Okay, thank you.

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They're both available to testify as you wish.

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Yes.

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Alan, call your first witness and I'll swear him in.

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Okay, Mr. Petroff, you are the owner of 1825.

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Okay, Mr. Petroff, you are the owner of 1825 Development LLC, correct?

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Correct.

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Okay.

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Which owns 9-11 West Offen Street, right?

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Yes.

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Okay.

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All right, so I handed you a packet of material.

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Let me swear a minute.

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What is your last name again, Alan?

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Petroff.

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Mr. Petroff, you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes I do. Thank you. Please proceed. Okay, so I handed you a pack of exhibits which include eight

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exhibits. The first it's a deed to the property showing that 1825 Development LLC owns the

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property. The second exhibit is the certificate of tax clearance for 1825, showing that they're

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tax compliant. The third exhibit is the notice of refusal for this owning matter. As you can see,

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this is an RM1 property, and we're seeking to put a two-unit condominium here. Typically with

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RM1 properties, we would have enough square footage, lot square footage, that we wouldn't

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have to be here. The lot size is 729 square feet, but we are in an overlay, which requires 425 square

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feet per unit for a requirement of 850 square feet. So in actuality, even though this is an RM1

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property. The only use allowed by way of this overlay is a single family property. Even though

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there's the entire area, if you look at exhibit five, which is the zoning map, which is page one

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of it, shows that this is completely within a multifamily area. If you look at exhibit eight,

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We actually met with the nearby neighbors via a certified RCO meeting last week, and everyone who attended supported this project.

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So we have unanimous support from the community.

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Now, I can go through the drawings if you want.

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We also have photographs of the property, which shows a vacant lot, showing proof that we posted for this hearing.

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But, you know, I'll do what you want me to do.

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uh whatever is the takes the least amount of time and gets you what you need on the record

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i think this is actually again i'm i know you have a lot on your agenda and i don't believe

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that this is one that you know garners much time for you for this board but i don't want to be

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disrespectful either and i don't know if we have anyone on the line who would be against it that

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will be the first person against this project again it just makes sense it's an rm1 property

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If it was not in an overlay, we would not, it would be allowed as of right.

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Okay. Thank you, Tanya. So there's no one else on the phone.

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And you can ask your client or clients if they want to adopt,

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if they would adopt your testimony.

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Yes, Mr. Chairman. Mr. Petroff, you heard everything I stated today.

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Yes.

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And is it true and correct?

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Yes, of course.

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And would you adopt it as your own testimony?

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yes I am done with my presentation any questions from the board no planning commission

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this property is indicated for residential use on the city plan

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given the property configuration and the overlay in place we have no objection to the granting

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interference thank you uh carol i'm going to ask you again for some reason i can't pull up the

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summary calendar number three nine eight two nine nine eleven west dolphin street

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okay calendar number three nine eight two nine nine eleven west dolphin street my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes

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good luck thank you very much have a great day

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you too take care calendar number 39289

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449 west norris street and the attorney is isaac slepner

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Isaac, you have been promoted to a panelist. You can speak and share your screen as you

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wish.

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Mr. Slepner, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Mr. Slepner, are you there? Can you hear me?

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Yes, I do.

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

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Yes, I do.

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Yes, I do.

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Can you put your name and address on the record and spell your name?

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Can you put your name and address on the record and spell your name for the stenographer?

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All right. I was not expecting the Philly Fanatic to show up there.

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My name is Isaac Slepner, I-S-A-A-C.

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Last name Slepner. S is in Sam. L is in Larry. E is in Elvis. P is in Peter. N is in Norman. E is in Elvis. R is in Robert.

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I am with Mattione Limited, 100 North Independence Mall West, Suite 5A Northwest, Philadelphia PA 19106.

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And do you swear for a firm to tell the truth and nothing but the truth?

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I do.

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Thank you, Mr. Slepner. Please proceed with your testimony.

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All right. Good afternoon, Mr. Chair, members of the board.

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My name is Isaac Slepner. I represent the owner and developer of 449 West Norris Street,

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Dominus Holdings, LLC. And with me somewhere in this call is my client, Roman Guzva,

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who is the principal of Dominus Holdings. Also with me today is Logan Dry of KCA Design,

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our architect. So 449 West Norris, and if you may, if I may, I'm going to share the screen

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and share the exhibits that have previously been distributed to Sharon Saleta and to the

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board, but I'd like to go through our exhibit list. So if you would indulge me. So I'm now

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sharing our exhibit list which is extensive you can feel free to scroll

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through it and I guess I'll just start the exhibits so exhibit one if you'll

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look at exhibit one that's our notice of refusal which we already stipulated to

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So Exhibit 2 is our time-stamped application for appeal, November 7, 2019, Exhibit 3 is

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our plans, and I will actually ask our architect, Logan Dry, to elaborate a little bit more

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on the plans.

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Logan, are you there?

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Logan, ahoy ahoy.

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Okay. In any event, our plans, I'll go over them briefly. It's going to be a three-story

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with a basement, two-unit is what's planned by my client. The first page is an elevation

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and some site photos and a site plan. Exhibit four is our floor plans. And as you can see,

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The two apartments would be basement and ground level with having rear access and then second and third levels with the upstairs apartment having rooftop access.

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Exhibit five is a rendering done by our architect in which you can see the plans for the composition of the property, some brick, brick and metal, pretty standard three story row.

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The property is a corner property. Exhibit 6, and I will enlarge this for you and turn it around if I can.

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Exhibit 6 is a map of the area, and I really wanted to kind of get into this because what this will show you,

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let's zoom in first and then twist it on its side so you can really see it.

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This is a screenshot I took of Atlas when I wasn't really able to print out my screen from Atlas.

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Can everybody see that? How about if I enlarge it a little bit? Is that any better?

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That's about as big as I can get it with the details still in there. So let me orient everybody

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to this. Right there at the corner of 5th and Norris is 449 West Norris. That's our property.

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447 West Norris. And you'll notice that these are all of my highlighted property. Well,

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many of the ones I highlighted are in RSA 5 zones, including ours.

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449 West Norris is in an RSA 5.

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Next door to 449 West Norris is 447 West Norris.

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449 is a vacant.

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It's a vacant lot with a wood fence around it.

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447 is also vacant, a vacant lot.

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My client does not own that one.

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445 West Norris is a mixed use.

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It's a pizza shop or a deli at the ground level with two apartments above.

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If you look across 5th Street on Norris, you've got 501 through 507 West Norris. Those are more

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recent new construction duplexes. There's four duplexes in a row there. If you look just north

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of those four, there's a huge development coming on North 5th for 2004 through 2020.

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There's a huge development coming on North 5th for 2004 through 20 North 5th, which is to be a 38-unit multifamily.

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If you look just south of Norris on 5th Street, 448 West Norris is actually a church.

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502 West Norris right there is an auto garage.

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And at the very, I guess, bottom of my map there, south on 5th Street, that's 1939 North.

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I'm sorry?

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Oh, I thought I heard somebody. 1939 North 5th, which is another multi-use, there's a small restaurant at the ground level with, I think it's two or three apartments above.

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So as you can see, the immediate vicinity of our property is, there are a range of uses, none of which are really single family residential.

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You've got some mixed use and you've got some multifamily and I will continue down our exhibit

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list here and I'll put this back so everybody can read it properly.

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Exhibit 7 are the zoning permit documents for the aforementioned properties.

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First you have the permit for 501-09 West Norris to be developed as several number of

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two-family houses. That was in 2017, so you can see when that was built. Next, you've got 445

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West Norris, and there's the use permit issued in 07 for a takeout restaurant with a one-family

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dwelling above and an accessory office, and the application documents there, too.

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Then you've got the same for 1939 North 5th, which there's the initial application for the

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permit from 07, and the petition for appeal to the ZBA from 07, and the notice of refusal

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from 07, the notice of decision of the zoning board, also from 2007, granted with provisos

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for a, and there's the use permit, if you scroll down, it's page 34 of 45, granted in

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July of 08 for a takeout restaurant with seating and catering on the first floor with an existing

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apartment on the second through third floor. So again, restaurant mixed use. And finally,

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pages 35 and 36 are the permits and plans for 2004 to North 5th Street, which is a 38-unit

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multifamily and notices of decision applications. I pulled the zoning permit histories for these

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just to emphasize that there's a lot of various uses in this immediate neighborhood.

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Exhibit 8, beginning on page 43, is our pictures of the orange signs

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that were photographed on July 8th, which was 14 days ago.

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The first photo was turned to the side, and that's a close-up of the board with the orange poster,

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our refusal, and our recent letter to the neighbors.

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The next photo after that, you can see the corner of 5th and Norris.

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There's our orange poster across the street.

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You can see the new development multi-units.

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And there, the last photo, page 45, is our orange poster with refusal and letter.

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Behind it is a mural.

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That mural is actually on the wall of 445 West Norris.

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My client's construction, proposed construction, would not seal up that mural.

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That mural is immediately adjacent to 447 West Norris, which is, as I mentioned, vacant.

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I'm going to move on to Exhibit 9, 9 through 19.

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So Exhibit 9 is a photograph of our property, 449 West Norris and 447 and 445 looking eastbound on Norris Street from the corner of 5th and Norris.

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The next photo down is the same, 449 West Norris, looking north on 5th Street, and a different angle of our property, 449 West Norris, I guess looking northbound, but really just looking at the corner property.

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Exhibit 10 is a photograph of 445 West Norris, which, as I mentioned, is a multi-use.

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It's a cheesesteak shop.

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I misrepresented it as a pizza shop.

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It's apparently a cheesesteak shop with apartments above.

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Exhibit 11 is 1939 North 5th, Mi Puerto Rico Family Restaurant with dwellings above.

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Exhibit 12 is 501 through 507 West Norris.

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Each of those are duplexes.

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Exhibit 13 is the, it's still under construction, but that's 2004 to 20 North 5th, which is proposed to be a 38-unit multifamily.

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Exhibit 14 is our project information form. I can enlarge that if you can.

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Exhibit 14 is our project information form. I can enlarge that if anyone needs me to.

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We don't need that enlarged. We're good. I got you. 15 is the RCO letter. 16 is the deed to the

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property in favor of Dominus Holdings LLC. Dominus purchased that in August of 19 and it was

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um recorded number of 19 and uh the final page uh exhibit 17 um i'm sorry second our penultimate

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exhibit 17 is our letter of july 8th to the neighbors informing them of this zba hearing

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