civus
Hearing video

ZBA Hearing - October 5, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 5, 20224h 36m

We have the two project information forms for each appeal, the one being moot now since it's been withdrawn.

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We have a copy of the deed.

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Roro purchased this property January of 2016.

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We have proof of X compliance for the property through 2022.

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Here is a key plan, which was filed as part of the amended application.

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So basically, again, in space one, vehicle repair, space two, vehicle repair, three, four, our contractor's office, warehouse, showroom.

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That's Blue Galaxy. They are a granite and marble contractor, fabricator, installer.

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Five, six and seven are auto repair.

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Eight, again, as part of the Blue Granite countertop, as well as nine and ten.

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And 10 is basically, there's a small outbuilding, but it also includes the rear yard, which is where Blue Galaxy basically stores their granite marble slabs outside.

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Here's some aerial photos from Google.

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As you can see, this is the new building that was constructed on the corner.

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this is a shot from belgrade street looking into the property another google aerial i apologize

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these aren't in any specific order because when i i combined the file um it it populated them in

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whatever order it wanted again just a picture of the front building where blue galaxy has its

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office and showroom this is what is actually wilmot street which intersects with belgrade

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at the corner of the property as you can see it backs up to some other industrial uses in the rear

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again this is a shot of the storage yard

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this is one of the auto repair garages

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again you'll see all the marble and granite slabs that Blue Galaxy stores outside in the rear yard

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This is a shot from the corner of Wilmot and Belgrade at the corner building.

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And again, I think, you know, most of the photos are self-explanatory.

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This is that outbuilding in Lot 10, again, part of the storage yard.

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This would be Wilmot Street looking at Belgrade at the intersection.

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This is a copy of the 1129 notice that was mailed out for the meeting on September 8th of 2021.

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one. This is the most recent one, went out September 14th for our meeting on September

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27th. These are the addresses.

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Our two certificates of mailing. This is the RCO meeting summary in support of the application

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by a vote of 7 to 3. It does mention provisos. Again, we weren't able to attach that to the

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exhibit packet, but I did submit to Hillary a proviso letter

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identifying the two. So with regard to the special exceptions

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only, we agreed would be, you know, we would go for a

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probationary three year special exception. The neighbors and the

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The neighbors and the RCO wanted to keep an eye on the auto repair uses, as well as, you know, keep their thumb on the pulse of what's going on there.

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RCO wanted to keep an eye

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So we have agreed to a three-year special exception, and the other was, with regard to the special exception for personal vehicle repair, a limitation on the hours.

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And we've agreed to Monday through Friday, 7 to 9, Saturday, 9 to 5, and closed on Sundays.

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and we feel based upon that there would be no impact on the general health safety and

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welfare of the community. Therefore, we satisfy the requirements for the grant of a special exception.

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I would point out also, Mr. Chair, that the RCO was well cognizant of the Blue Galaxy

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use for the granite business, and there was never an issue with regard to their use.

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their concentration was basically on the auto repair uses.

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And then these are the two zoning permits for equipment and material storage.

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This one granted in 2015.

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And then we have another one granted in 2018.

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So, you know, again, I don't know why the use was refused

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when it had been already approved twice in the last eight years.

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Here's a zoning map. Let me blow that back out. Okay. As you can see, we're in an ICMX district. It is adjacent to some RSA-5s. That's why we've agreed to some of those provisions with regard to the auto repair.

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And again, most of the equipment and material storage is at the rear of the property, so

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it's not an issue to the neighbors.

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And then here we just have an aerial photograph.

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As you can see, this property is just east of I-95 in the Bridesburg section, and that

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would be the sum and substance of our application.

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I do have George Groves in the audience, George, if you can raise your virtual hand and be

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identified, he can verify and adopt my representations. Mr. Grose, please unmute

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yourself and wait for the chair. Could you state your name and spell for the court reporter, please?

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George Grose. George, G-O-R-G-E. Grose, G-R-O-V-E-S. Right. Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth? Yes, sir. Proceed, counsel. Thank you. George,

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you've heard my representations to the board today yes are they true and correct to the best of your

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knowledge information and belief yes sir and you adopt them as your own testimony yes thank you

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very much questions from the board no mr chairman mr chairman what questions or comments from the

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virtual audience. Chair, I see no hands at this time. Planning Commission. Thank you, Mr. Chairman,

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David Fecto, City Planning Commission. The comprehensive plan recommends no change to

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the industrial and commercial mixed-use zoning at this location. The applicant has shown that

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the proposed vehicle repair and maintenance and additional activities will have no more of an

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impact than those activities would be expected to have. The City Planning Commission recommends

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that the board grant the special exception for vehicle repair and maintenance and the additional

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proposed special exception activities and the use variance for an equipment and material storage

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yard. Thank you. MI 2021-001-108-2500 Wilmont Street. I vote yes with the following provisos.

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Her amended refusal dated 9-6-22, temporary special exception for personal vehicle repair and maintenance use only to expire November 1st, 2025, and hours of operation for personal vehicle repair and maintenance use only, Monday to Friday 7-8-9-P, Saturday 9-8-5-P, and Sunday closed.

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Carol Tenere, my vote is yes with provisors.

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Thomas Holloman, my vote is yes, with provisos.

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James Snell, yes, with proviso.

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Ishmael Shahid, yes, with proviso.

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Thank you, counsel.

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Thank you very much.

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Thank you.

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The next case will be three cases together.

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Number 11, MI 2021, 002630, 1913 Watkins Street.

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number 12 mi 2021 002 624 1915 walk-in street

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and mi 2021 002 625 1911 walk-in street the uh

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1911 walk in street the uh there is opposition from the point breeze community development

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corporation when a 10-0 vote uh opposition from nine neighbors and then there's also an application

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of uh approximately 34 neighbors signed a petition of support leo mulvihill is the attorney

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Chair, Mr. Mulvihill is coming back in now as a panelist.

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Thank you.

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Excuse me.

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And good morning, Chairman, members of the board.

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There we go.

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Good morning, Mr. Mulvihill.

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

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Certainly.

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It's Mulvihill.

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First name is Leo, L-E-O.

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Last name M as in Michael, U-L.

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V as in Victor, I-H-I-L-L.

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Right.

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Do you swear for him 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 in relationship to the three properties?

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Yes.

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My client is D as in Delta, M as in Mary, G as in Golf, property 63 LLC.

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The principal is Ellison Yohi.

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He is on the line as well.

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This is for three different properties, 1911, 1913, and 1915 Watkins Street.

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I'm going to stick to the 1911 plans packet for purposes of the presentation, as they were otherwise the same.

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Okay. Mr. Mulvihill, our Vice Chair, Carol Tenere, has a few questions.

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Yes.

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Good morning, Mr. Mulvihill. Do you agree to waive the reading of the refusal and stipulate to its accuracy on all three cases?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusals or referrals, 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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Yes.

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Okay, great. You may proceed and begin by sharing your screen, which you did.

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All right. So everyone can see 1911 Watkins. I just want to be clear that that's what's showing.

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all right so members yes great members of the board again leo mulvihilm here on behalf of dmg

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property 63 llc and what we're here for today is the an application for two single family homes

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and one pardon me i have that backwards two two family homes and one single family home hey members

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of the board unfortunately my computer screen just went totally blank and i have no idea what happened

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i'm gonna back out try to get back in um in the meantime i guess you might want to move on to the

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next presentation because unfortunately i can't present with a black computer screen okay all right

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i'll be right back thank you be here so the next one would be

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um 17 okay um number 16 mi-2021 004-828-2514 north 17th street jermaine harris is the attorney

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letter of uh north central philadelphia cdc is not taking the position

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mr harris chair mr harris is coming back in as a panelist now

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good morning good morning mr harris could you say your name spelled for the court reporter please

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Sure.

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Jermaine Harris, and I am counsel for the owner, Rosina St. Luis, who is also present on this call.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I most certainly do.

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Our vice chair has a few questions.

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Mr. Harris, 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 days of a packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or 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, great. You may proceed and begin by sharing your screen.

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Thank you.

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Thank you.

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Okay, let me get to my exhibit packets.

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Okay.

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All right. So this is concerning property at 2514 North 17th Street.

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All right, so this is concerning property.

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And this is a, first of all, we're seeking to change the use of this property variance from a single-family dwelling to a duplex.

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This is, that's what this is.

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Okay.

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We just saw the letter of refusal. And here is the actual property right here.

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It's a shell. It's been vacant for quite some time.

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My client just purchased the property. Let's see here.

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She just purchased the property, I believe, last year and Rosina St. Louis.

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And the property was recorded 4-26 of 2021.

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And as far as the property itself, again, this is a frontal of the property, the front image of the property.

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Right here is the posting of the notice, which was done outside of the 21 days.

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and also if we look at the inside again this is a shell when my client bought this property

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she bought it from another developer and this developer had started apparently this property

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had been vacant for quite some time and this developer had started doing renovations on the

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property um so he framed it out towards a duplex uh what you're looking at right here is the first

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floor continuing on the first floor then i believe this is the second floor

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part of the second floor as well so it's really has just been framed out

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by the owner by the previous owner as duplex

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there's another framing out but the property uh to this day uh remains vacant um and she's just

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trying to complete what the prior owner had done. Now, let me get to plans. So we have

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here, nothing's being done for the basement. For the first unit, it would be, which would

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be the first floor it would be you walk into the building and then you would go to the kitchen

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bedrooms in the front then you have a hallway a bathroom right here at the cursor and then

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towards the rear of the building is a bedroom. Then you go up the stairs

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and it's pretty much the same similar layout. You go into the second unit. Here you have the

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living room, you have the back bedroom, then you have the bathroom, then you have a bedroom.

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And that's pretty much what the layout of this building would be. Trash would be stored in the

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rear. And by the way, here's the tax clearance of the owner. Now, you just want to, even though

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this is a RSA 5, there are several current units and duplexes within this block. I saw just on

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atlas i saw five uh duplexes at this uh particular on this particular block uh 25 18 which is two

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doors down 25 37 25 42 17th street 25 56 25 51 all of these are duplexes according

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2551 all of these are duplexes according to the city records uh we don't feel that this would be

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an overuse of the building uh at all we're just talking about two bedrooms for both floors

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um we don't think it would uh create substantial congestion uh in the area in fact it's consistent

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with what the area is right now in synconformity with the five other duplexes that are at this,

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that are on this block. Let me see if I have anything.

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There was also a letter, as was noted, there was a letter of non-opposition from the RCO.

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Yeah, it was a letter of non-opposition. And essentially, they would defer to the zoning board's discretion. Although there were 10 people that were present at the community meeting.

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And if they were to hold a vote, then it would have been that they would have voted yes.

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The majority would have voted yes to the to the variance change.

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So we would ask that this that this panel allow for this use variance to be approved.

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And I don't have any other evidence to introduce, but I would like to have my client, Ms. St. Louise, adopt the testimony and add anything else that she may wish to add.

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Ms. St. Louise, please unmute yourself and wait for the chair.

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Good morning. Could you state your name and spell for the court reporter, please?

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Louisiana St. Louis.

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And could you spell your name, please, for the court reporter?

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R-O-S-E-N-A St. Louis, S-A-I-N-T-L-O-U-I-S.

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Right. Do you swear for him 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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Yes. Ms. St. Louise, did you hear the testimony that I just presented to the board along with the exhibits? Did you see what I presented?

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Yes, I did.

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Okay. Do you agree with and adopt the evidence that I presented to this board?

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Yes.

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Now, do you have anything else that you would like that you would like to add other than what I've already stated to the board?

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No.

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OK.

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Questions from the board?

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No, Mr. Chairman.

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Mr. Chair.

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