civus
Hearing video

ZBA Hearing - February 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 21, 20246h 33m

And could you identify your client and the relationship to the property?

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Sure.

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The client is the owner of the property is Royal Real Estate of Pennsylvania LLC.

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Principal is Sonny Ho, H-O, which I'd like to have promoted as a witness today.

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And our vice chair has a few questions, sir.

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Good afternoon, counsel.

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

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Yes, I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance?

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of this hearing? Yes, I have. Thank you, counsel. Please proceed and share your screen.

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Great. Thank you.

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Okay. So, this regards 6331 Castor Avenue. It's at the corner of Castor Avenue and Levick Street,

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which is right here. The property is this blue building, which was formerly a bank.

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It's vacant.

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It was a bank with a drive-thru.

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Next to it is a Dunkin' Donuts store, which Mr. Ho currently operates from.

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It has no drive-thru.

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It's been there for 30-plus years.

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And Mr. Ho probably has more than 40 stores in the city.

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He purchased the property next door, the bank property.

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to move the Dunkin' Donuts from the current location next door to this location.

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The property is located in a CA commercial zoning district.

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In November of 2022, I filed a zoning permit application

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to initially move the Dunkin' Donuts from next door to this bank building.

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And that application applied for both as a takeout restaurant and as a drive-thru.

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We received our referral letter.

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We filed a zoning appeal.

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We also received streets approval for the drive-thru.

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We had met with the civic group back then in May of 2023, take back your neighborhood, and they supported the application.

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While we were waiting for the zoning hearing, we went ahead and parallel and filed a building permit application.

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That triggered another streets department review.

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The zoning permit application triggered one for the parking and the curb cut location, which were already pre-existing.

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And during that review, it involved, through the developer services meeting, it involved traffic, highway, and also PennDOT.

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But I would say incredibly, even though we had approval on the zoning plan, the streets department would not approve the same plan now because of curb cut issues.

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We were unable to resolve it, and hence what I did is I withdrew that application and filed a new one, this application, which was solely for the takeout sales and no drive-through.

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And as I mentioned in the beginning, I'll show you a picture of the Dunkin' Donuts next door did not have a drive-thru.

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So filed that appeal, and so here we are.

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There's been no issues with the Dunkin' Donuts at the next door address at 6323.

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There were no adverse impacts then.

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nor do we expect them to be any now.

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We may have considered some for a drive-through,

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but there's not going to be any greater density here

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then there would be next door. As evidenced by the community group's position, they submitted an email letter in support back in January.

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than there would be next door.

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As evidenced by...

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They chose not to meet again because we had met in May of 2023, and here's where their conclusion rests, that they support the application.

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And so we believe that there's be no greater impact here than it would be at the bank operating, since we're not far from where we're operating currently.

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With that said, I'd like to ask Mr. Ho a few questions.

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Mr. Ho?

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You can unmute yourself.

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Mr. Ho, could you please state your name and spell for the court stenographer?

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Hello, my name is Sonny Ho, S-O-N-N-Y-H-O.

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

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Yes, I do.

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Please proceed, counsel.

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Hi, Sonny, good afternoon.

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Good afternoon.

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You've heard my presentation.

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Would you agree that it's true and accurate?

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Yes, it's true.

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Thank you.

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Would you adopt this if it were your own?

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yes oh yes okay great thanks um few questions do you expect the same usage here then you experience

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next door yes it will be the identical pretty much okay and what are the hours of operation

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you're proposing we open about 5 a.m to 9 p.m okay seven days a week yes and how many employees

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uh possibly about 20 the most okay and trash stores uh trust you know we'll have a dumpster

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similar you know the same like you know we have with currently okay thank you mr ho that's all

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i have all right questions from the board no mr chairman no chair no chair questions or comments

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from our attorney hillary emerson not at this time mr chair questions or comments from the

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I do not see any further answer, Mr. Chair.

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Planning Commission.

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Thank you, Chairman, and good afternoon.

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David Effecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the commercial area one zoning at this location.

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The appellant has shown that the proposed takeout restaurant will have no detrimental impacts beyond what might be expected.

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The City Planning Commission recommends that the board grant the special exception for a takeout restaurant.

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M-I-2023-005-883-6331-41 Castro Avenue, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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James Moore Shaheed, my vote is yes.

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Thank you, Mr. Patterson.

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Thank you. Have a good day.

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All right.

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Number 13, M-I-2023-006-589-1933-35, North Lithgow.

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Alan Nockamson is the attorney.

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No RCO letter at this point, but a meeting was held on 214-24 by the Norris Square Civic Association.

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There are also three letters of support from neighbors.

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Mr. Nockamson, you've already been sworn.

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Just state your name for the record.

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Alan Nockamson.

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And could you identify your client?

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And the relationship cost property. Yeah, my client is RCH 1933 and let gal LLC. And then the virtual audience is.

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Ramit far, far, who is it's member.

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Our vice chair has a few questions. Council, do you agree to read another refusal or stipulate towards accuracy?

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I do. Have you emailed in all the required documents and exhibits that is needed to proceed with this case in advance of this hearing?

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Yes, we have. Thank you. Please proceed and share your screen.

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All right, so I'm here to present 1933-35 North Lithgow Street, a pretty straightforward

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project. We're going to review this. Originally, we were looking to do three units on these two

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lots that were combined. After looking at the project more carefully and after community input,

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we believe that two units is the appropriate amount of units. We did do a proviso plan form

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plan form where we revised the site plan to indicate two units. We would also ask the board

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where we revised the site plan to indicate two units.

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to, not only if they're so inclined to grant this variance request, to have a proviso for the

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revised site plan, but also to indicate a proviso maximum two units. We do have letters to support

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of nearby neighbors in this North Square area. And it's not uncommon for the zoning board to grant

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of variances for RSA 5 properties for multifamily use.

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If you look at the Philadelphia 2035 plan, this property is slated

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to be R1, which will allow

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this property's use of two units

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to be a matter of right. Then we'll review maps of the area,

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photographs of the property, our plans and drawings, our RCO meeting

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notice, our application for a PLRD to the property,

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and our Certificate of Tax Clarence.

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At the conclusion of my presentation,

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I would ask that Ramit virtually raise his hand,

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be sworn in, and I'll have a few questions for him.

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As I indicated, what we're looking to do

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is take these two lots, each RSA-5 properties.

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Given the configuration and dimensions of these properties,

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it would be rather difficult, if not impossible,

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to make functional floor plans for these RSA-5 properties

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as single family. We think it's more appropriate to combine and consolidate these lots and have

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two units in them so we can have functional floor plans and such. And so our refusals are

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for the unit count where these are RSA 5 properties, each one. And instead of having

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two single families, which I don't even think are buildable, we're going to ask for a two-unit

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building. And then secondly, just where the pilot house is located in the rear, we have a technical

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refusal with regards to that. Again, just how our staircases are running and given that this

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property is not that wide even combined, it's rather difficult to fulfill that obligation

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under the Philadelphia zoning code. Just so for your information, each of these lots are only 421

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square feet. That's why we're looking to combine them and make them

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into a two-unit building. And then

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again, we have not received a letter from the community

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group, but again, we've asked them repeatedly.

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I think that based on the community input, I think that two units

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is the appropriate use for this property. And given the 2035 plan

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as well, that has this as an RM1 property, which

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two units would be allowed as a right. We ask that the board vote on this matter and grant the

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variance request. And again, what we're doing some cleanup here is that our site plan indicates that

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this would be a triplex. We changed our site plan to confirm that we're only seeking two units.

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So if this board does grant this zoning variance request, not only should there be a proviso for

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this revised site plan, but also to indicate two L&I maximum two units. And then we did, you know,

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we did, you know, circulate a petition and letters to support to surrounding property owners, and we

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have, I believe, a few here. And then it's not out of character for this board to grant variances

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under similar circumstances. 409 West Houston Street was granted, and that was granted to allow

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for two family dwelling units. 411

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West Houston Street, actually that was for three dwelling units.

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413 West Houston Street

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was two units. And then, you know, Norris Street,

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which is, again, one of the more major streets, allowed

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for three units. And then 1812

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Germantown Avenue also allowed for multifamily use

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of nine units. And then 1917 North Lawrence Street as well, three

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units. And then the 2035 plan, where

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this is pointing, this would be orange, which would be RM1 for our property.

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So the Philadelphia Planning Commission also believes

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that RM1 is the more appropriate zoning

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classification for this property or properties. And then

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maps of the area, we're an outlier, and I think that's why

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you know, the zoning is, you know, going to change for these properties. And by combining two

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properties into one, we're asking for two units. So we just cannot build two single family homes

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here. They're just too small. And then some photographs of the property, you know, proof

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of posting for these properties. And then this property has been vacant for some time.

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And then this property has been vacant for some time.

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This is the oldest photograph we can find on Google Earth.

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This is the oldest photograph.

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But as you can see, you know, there's not much been going on here.

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And then in terms of not much going on here, this is an aerial view.

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And you can see on Lithgow, there is not much going on here to increase the use in eyes on the street for Lithgow Street.

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And then this is Lithgow Street for the left and right.

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And then our plans and drawings, this is just a survey, which shows the consolidation.

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And then this is some presentation materials from Apartment Deutsch, the architect for

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the project, kind of similar in look to what we showed you here, showing that the massive

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amount of vacant lots for this area.

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And then again, we're not asking for a height variance.

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We're not asking for any dimensional variances.

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We're just asking to allow to use two lots, combine it for two units.

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And then these are the floor plans for the triplex.

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We did not update them.

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This was after we met with the community.

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But, you know, there'll be three floors above grade, one below grade.

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And we're doing two bi-level units.

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And then all trash will be stored outside.

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because every unit owner will have access to that as well.

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We met with the community on Valentine's Day at 6 p.m.

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We emailed that notice a few weeks beforehand,

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emailed it to the community groups,

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but we also mailed it that day to 187 addresses,

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listed the addresses, proof of mailing to those addresses.

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Our applications for appeal that we followed on behalf of our client

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are RCH1933N with Gal LLC.

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the deed to the property, showing that it owns the property, and its tax clearance.

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Again, $14.73.99 is technically owed, but that's for the 2024 tax year, and that is

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not owed until March 31st of 2024.

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With that being said, I would ask that Ramit virtually raise his hand.

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They've been allowed to speak.

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Sir, could you please state your name and spell for the court's sonographer?

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Yeah, Ramit for Waha.

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So that's R-A-M-I-T-F-A-R-W-A-H-A.

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Right.

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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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