civus
Hearing video

ZBA Hearing - August 24, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 24, 20226h 4m

It's proof of our mailers.

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Photos and plans.

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Again, here's what the property looks like from the outside.

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It's zoned RSA 5 now.

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would not be appropriate or available for them to reconvert this property back or to a single

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family home as it had never existed as such. And it's always been what it is, which is a floor plan

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What it is, which is a floor plan, as we're going to show you in a second, it's to two bedroom units, one on the second floor, one on the third floor and a commercial space on the first floor.

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as we're going to show you in a second.

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We have some other photos and then our required documentation deed showing that my client purchased the property in November of 2011.

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And finally, their tax clearance certificate.

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I don't believe that there is much else to mention here.

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If board needs, though I'm sure Planning Commission will confirm, we have up here proof that the two rental licenses were issued as recently as 2013.

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And here is the most recent entry in the zoning archive from 1987, showing a duplex with store as existing and as approved at that time.

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So with that, I'll ask my client to raise his hand and adopt my testimony.

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Are you available, Max?

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Yes, I am.

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All right. Could you state your name, please, and spell for the court reporter?

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My name is Maxim Dablonowski. First name, M-A-K-S-I-M. Last name, Y-A-B-L-O-N-O-V-S-K-I-Y.

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Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir.

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Proceed, counsel.

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Hi, Max. First of all, I apologize for butchering your last name.

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That's okay. It's a doozy, I know.

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did uh did you hear uh the testimony that i that i put forward regarding 5514 lansdowne avenue

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yes i did i was on the whole time okay do you agree what i said and with what i said and do

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you adopt it as your own i do okay thank you very much thank you so before we go to questions for

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the board hillary what we're considering is only two dwelling units right first four to remain

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vacant um yes mr chair um we we cannot do a general um commercial variant i just want to

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make sure that we need to we need a specific use or um a specific use category right so we're only

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looking at the ctu family aspect today with the first floor remaining vacant okay thank you so

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questions from the board relative to that no mr chairman no no mr chairman no mr

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questions or comments from the virtual audience

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i see no hands chair planning commission thank you chair bergman ian hegarty for the city planning

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commission board members in 2021 the zoning map was amended to rsa 5 at this location however the

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proposed use conforms to documented prior use of the building city planning commission recommends

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that the board grant the variance. Thank you. MI 2022-001-760-5514 Lansdale Avenue. I vote yes

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with proviso. Approval is for two dwelling units only. First floor to remain vacant.

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Carol Tenere, my vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso. Ishmael Shaheed, yes with proviso.

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Thank you.

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Thank you, board.

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Number 14, MI 2022-002-180-1345 West Jerome Street.

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Vern Anastasio is the attorney.

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Letter of support from Nicetown-Taioga Improvement Team.

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Morning, Mr. Chair.

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Good morning.

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Could you state your name and spell it, please, for the court reporter?

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Sure.

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It's Vern Anastasio, A-N-A-S-T-A-S-I-O, 2016 Spruce, Philadelphia, 19103.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client and relationship to the property?

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Yeah.

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I represent the owner, Keona Polk.

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Okay.

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Our vice chair, Carol Tenere, has a few questions.

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Hi, Mr. Anastasio.

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do you agree to wave the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance,

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refusal referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter?

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Yes.

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Okay, you may proceed and begin to share your screen.

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Thank you.

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You're fast.

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I'm thinking of you all.

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make sure you guys can get the lunch as soon as possible. Thank you. So it's for the legalization

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can get to lunch as soon as possible. Thank you. So it's for the legalization of

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of an addition in the front of this property. And basically my client has taken the front porch and

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has covered it. And that's kicked two dimensional variances, a maximum allowed occupied space

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went from, well, what is allowed is 75%, but because of the covering of the porch

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and we're proposing 81 percent the front setback but the porch was in fact about six feet deep

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because it's covered now the porch is is no longer providing said setback this is a very rough block

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my client will testify that they have had to deal with you know things that lots of Philadelphia

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neighborhoods are having to deal with with respect to crime and lawlessness. My client is

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one of several on the block who have had their front porches serving as attractive nuisances to

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young people who were not associated with their household, but would ultimately end up loitering

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on or around their porches. And there were, you know, several instances that led the police to

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come out. As such, my client decided to cover her porch. Again, so did several other neighbors on

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the block. And when that in fact happened, she found out after the case that she needed the

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proper zoning to do so. As you can see here, the encroachment does not impact the walkway.

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The stairs of the house are still well in line with everybody else on the block. It's just the

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front porch that was covered and again it was solely for safety reasons my client did in fact

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meet with the neighbors 144 individual households were mailed folks did come out on the block

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here is the flyer that went out in addition and what we have is a letter of support from

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NTITRCO. My client was, in fact, represented by my law partner, Mr. Attorney Harry Cook,

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at this particular evening meeting. We do have a tax clearance, and we have our photos and our

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plans. We understand that once this is approved, it will have to get reviewed to make sure that

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the building code is compliant with safety and engineer reports, and we're readily willing and

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able to do that. With that, I'd like to call my client, Keona Polk, to raise her virtual hand.

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Ms. Polk, you're free to speak.

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Hi, could you state your name and spell, please, for the court reporter?

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Sure. My name is, you guys can hear me right?

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Yes.

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Okay, great.

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My name is Kiana, K-E-Y-O-N-A, last name Polk, P-O-L-K.

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Right.

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Do you swear, affirm, to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Proceed, counsel.

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Thank you.

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Ms. Polk, did you hear my presentation to the board this morning?

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Yes.

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And is it true and accurate to the best of your knowledge?

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That's correct, yes.

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Okay, and do you adopt it as your own testimony?

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Yes.

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And do these dimensional variances, are they, in fact, required to maintain safety and security for your home?

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Yes.

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Based on past instances regarding your porch and other porches on the block?

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Yes, that's correct.

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Thank you very much.

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Mr. Chair, I have nothing further.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the board, the comprehensive plan recommends a zoning map change from RM1 to RSA5 single-family zoning on this block.

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While we don't believe that the porch of this property needed to be enclosed to overcome a unique physical condition related to the property,

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we do acknowledge the presence of at least eight other similar structures on this block that have enclosed front porches.

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so the city planning commission has no objection to the granting of these variances thank you

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mi 2022 002 180 1345 west jerome street i vote yes harold tenary my vote is yes

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thomas halliman my vote is yes james snell my vote is yes

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thank you all thank you mr council number 15 mi 2022

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Number 15, MI 2022, 002-111, 2472, 76th Avenue.

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002

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Jerome Harris is the attorney.

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Mr. Harris, you've already been sworn.

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Just state your name when you come on, please.

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And there's a letter of support from the 50th Democratic Board.

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Yes, good morning again, Jermaine Harris, counsel for the applicant. This is regarding 2472-76th Avenue.

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Thank you. Could you identify your client and the relationship to that property?

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Okay. So the client is, again, well, the client is D&J Holdings. And the owner of that company is Jim Brennan. And he's on the call right now. And again, he's the owner of this particular building.

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Our Vice Chair, Carol Tenere, has a few questions.

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Hi, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal, referral, photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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I do.

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Okay, you may proceed and begin with sharing your screen.

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Thank you. Thank you.

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Just bear with me.

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okay here we go

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okay again for your consideration is a variance request uh we're seeking a use variance here

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uh we are seeking to uh use a particular property uh 2472 76th avenue we're seeking

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to convert it into a triplex. Okay, here we go. What we have here, the property,

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I don't know why it's upside down. I apologize, I didn't know it was upside down. Okay,

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this is the rear of the building it's a corner property uh and it has three separate entrances

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it has a front inch it has a front entrance a side entrance and a back entrance this is the

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back entrance this is the side entrance again i apologize uh didn't realize it was upside down

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And this would be the front of the building. It's a two-story building with a basement.

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And this represents the front. Again, my apologies for it being upside down.

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Let me see here. This is another picture of the front.

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um now what is sought here again it is a triplex that we're asking for it was previously

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approved uh as a two family this is an rsa5 zone it was previously used again it was previously

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approved as a two family uh my client is a recent owner of the property he just bought the property

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in, I believe it was, he bought the property January of this year. And at the time when he

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bought the property, it was being used as a duplex by the owner. And the owner would live there

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uh and he would live in the basement so the top two apartments would be used uh as rentals and

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the basement would be used as living quarters for the uh the then owner so my client again

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he purchased the property with that configuration and essentially they get some plans

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Essentially, let me get to the plans.

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Thank you.

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So this is the basement section that is that my client is seeking to legalize.

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and pretty much it has the uh the entrance points right here right here on the side

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as well and there are three rooms in this in the uh in the basement uh area you have just

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open space right here these are the room the boiler room storage and then the bathroom which

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the back which uh the owner installed the previous owner installed and then all of these are the

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additional drawings relate to the upper uh floors which is the second floor

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and then the third floor so

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there was a a community meeting with the art with the coordinating rco which was the 50th ward

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and uh there was support by the rco and this letter reflects that the meeting was held on

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June the 14th of this year and it was support for this. There were questions about trash. Trash

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was going to be stored. Trash would be stored in the rear of the building and essentially what my

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client is seeking to do is just legalize this prior use that the owner, previous owner, had

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done. It's currently vacant right now. It's still being used as the duplex. And

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And we also have the posting, and I'm sorry, again, I apologize.

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The posting is in the front of the building, but this is the posting of the zoning notice.

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These are the pictures of the unit itself, the vacant unit itself.

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Mr. Harris, what's the rest of the block look like? Are there other multi-family units there?

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there are no other multi-family units on this block this is the but this property is unique

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in the sense that it is a corner property it is large it's extremely large the square footage

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of this building a lot size is 3,407 square feet on this and yes here's the deed as well

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Evidencing that my client just purchased this property January 18th of this year.

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We have the tax clearance.

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Okay.

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The refusal letter.

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All right.

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You want to have your client adopt your testimony?

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Sure.

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Mr. Brennan?

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uh good morning can you hear me yes could you state your name and spell it please for the

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quarter yes uh james brennan j-a-m-e-s b-r-e-n-n-n do you swear for him to tell the truth the whole

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truth nothing but the truth uh yes i do proceed counsel uh yes uh so mr brennan uh did you hear

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the statements that I just made? Yes. Do you adopt those statements as if you were to testify

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on it? Now, do you have anything else you'd like to add to the statements that I've made

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