civus
Hearing video

ZBA Hearing - July 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 30, 20255h 22m

And let me just.

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Yeah, you can pull up your updated floor plan with the trash, showing the trash storage.

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Correct.

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So the pardon me, so what my client has intended to do to rectify the concerns regarding the trash storage for the second unit, which we can't we don't see any plans.

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Oh, I'm sorry. My apologies. I'm going to share my screen.

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Are you able to? Is everyone able to see them now?

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If you can enlarge them, that would be great.

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So what my client has elected to do is to repurpose what was previously identified as a pantry in the kitchen.

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To a trash closet with a trash storage bin that can be used to store.

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Trash until the until the designated trash day on Wednesday.

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My client has also directed, enacted prospective procedures to deal with ensuring that trash is disposed of properly by his future tenants if the board is to approve this project.

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Namely, what he would do is have his property manager go by on Wednesdays to make sure that the trash is disposed of properly.

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And since the prior hearing, I can relate to the board and my client can confirm that he has been in communication specifically with the individual who appeared at the prior hearing, sought them out, and tried to get a sense of what their concerns were.

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And he's also become more engaged with the RCO and has been involved with trash pickups in the community.

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So my client is looking to forge a long-term relationship with the community and the RCO, and so he wants to be a good neighbor and a good partner within the community.

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I will note, which I previously relayed at the initial hearing, is that we did get support from the community, and I do have a letter to that effect.

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So, we held an RCO meeting on January 8th, 2025, and they issued a letter of support for our use variance.

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Yes, and it was also a letter not opposition from Council Member Young.

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Could you bring your client on and from the DAP, your new testimony about the trash plan?

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Yes.

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Mr. Payne, if you could raise your hand so you could be admitted as a panelist.

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i i see that he was just a racist okay can you hear me yes yes um mr sorry could you spell your

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name for the record um celine s-a-l-e-e-m pain p-a-y-n-a and do you swear to tell the truth

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the whole truth and nothing but the truth yes okay we can proceed um yes um excuse me

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And Mr. Payne, did you hear my testimony to the board earlier in regards to crash storage and specifically for unit two?

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Yes.

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And do you adopt my testimony as your own?

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Yes. Is there anything else you would wish to relate to the board in regards to the trash storage?

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Yes.

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Is there anything else you would wish to relate to the board in regards to?

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Yes. I personally met up with Ms. Judith Robertson of the Susquehanna cleanup pickup.

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I also attended a couple of her pickup cleanups in the neighborhood, and she stressed to me the concerns of the trash in the area.

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Thank you. Me, Ms. Robinson, she came up with a plan for me as far as the second floor unit, a 65-gallon trash can with a lock on it.

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I seen it in the area. I mean, a couple residents or maybe, I'm not sure if there was multi-units, but I seen a couple of the trash canes in the area.

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she identified it to me uh i looked it up on uline and um me and miss robertson uh

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we've been communicating throughout the months since the last hearing

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okay okay so i i'm sorry i'm sorry go ahead no i just had a question you said that um so you have

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trash closet on the second floor but you will also have a another trash can for them on the outside

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Yes.

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He recommended I get this trash can.

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It has a lock on it.

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I seen it on Uline just to secure the trash, you know, like lock it up.

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And trash day is on Wednesday, which I have the real estate management company come through and make sure that there's no trash outside of the trash can, that the trash can is locked.

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And would that trash can be used for the first floor as well, or they will have another trash can or their own?

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I use it for the second trash can for the first floor has, I can get two trash cans, but the first floor has a yard space.

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Okay.

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Questions from the board?

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Yes.

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Where does the addition start?

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I'm trying, like looking at this plan, where's the existing structure and what denotes the new construction?

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Okay.

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So, the addition is on the third floor, so it would extend the third floor portion out to essentially meet the dimensions of the second floor.

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Understood. Okay. So, you'd be using existing stairwells to just extend them up to the third floor?

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Correct.

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It didn't look like in your plan, so both the stairwells that were shown in the plan that you had on the screen are existing?

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That's correct.

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Okay.

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Any other questions from the board?

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Questions from the council?

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Sorry, no.

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Okay. Do you have anyone in the virtual audience to put testimony, public testimony on the trash

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plant only? I see no hands at this time. Okay. Planning Commission, do you have any different

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recommendations? No, no. The same recommendation as last time. Thank you.

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all right mi2024006066 1921 west north street um i vote yes michael johns my vote is yes

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cheryl gaston my vote is yes

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i win my vote is yes thank you council

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thank you number 11 mi thank you board zero zero one zero seven nine seventeen oh four north

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bodine street henry clinton is the attorney there's a letter of unanimous support from the

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old Kensington neighborhood association and also a letter of non-opposition from council member

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henry clinton will be rejoining us as a panelist thank you

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Good morning, Mr. Chairman, members of the board.

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Good morning, counsel.

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Could you please state your name and spell for the stenographer?

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Sure.

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My name is Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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

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I do.

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Mr. Clinton, can you identify your client and relationship to the property?

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Mr. Clinton, can you identify your client, a relationship to the property?

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Sure.

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Sure. My client's name is Shaq, S-H-A-Q, Imadi, E-H-M-E-D-I.

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My client.

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Right. Do you waive the reading of the refusals and do you agree with their accuracies?

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Yes, I do.

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Please start your presentation.

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Thank you, Mr. Chairman. I was just texting my client to get on the call, so I didn't mean to ignore you.

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Is that visible, Mr. Chairman?

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Yeah, it is now. We're good now.

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Thank you. Again, good morning, Mr. Chairman, members of the board.

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I'm here on behalf of Cousins Susquehanna LLC, the principal of which is Shaq and Monty, E-H-M-E-D-I.

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This is my table of contents.

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This is a request for a variance for a two-family dwelling in an RSA-5 zone.

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We previously had approval for this exact project.

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Several years ago, the zoning permit ran out.

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That client sold it to the new client, and this new client is basically asking for a reinstitution of the permit that was previously granted for two families.

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The only difference is we have eliminated the front-loaded garage.

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So it's a pretty straightforward presentation, but I'll go through my exhibits.

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I have A1 through A10.

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In addition, I have zoning records.

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The background on this is there was a subdivision plan file.

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There were three 12-foot wide parcels that were subdivided into two 18-foot parcels known as 1706 and 1708.

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I'm here for 1706.

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1708 already has a permit, which was issued in 2022

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for a two-family dwelling, but with a garage.

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We have the same situation, but we do not have a garage.

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Here's a refusal.

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Henry, just for a point, I understand the city records have not caught up with this

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and they're referring to it as 1704. Am I correct? Correct.

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All right. Thank you. Yep. So this is a zoning district, RSA 5,

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as i said two refusals one is two family dwelling not permitted and we have a de minimis variation

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from the maximum occupied allowance of about four percent and you can see down here the prior

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calendar number for relocation of a lot lines to create two lots from three

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for a two-family dwelling that was issued in july of 2017.

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There is an RCO letter of support, which I have.

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I can show you that at the very end.

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I think, Mr. Chairman, you mentioned that at the outset.

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And that is from.

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So that's, Henry, we're looking at a blank sheet.

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Right.

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I didn't have the RCO letter when I sent in the package.

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All right.

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All right.

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I got it.

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I understand it was sent to you, but I also can bring it up at the end of my presentation.

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All right.

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Thank you.

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That's fine.

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I do have unanimous support from the RCO.

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as we did back in 2017.

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Okay.

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The photographs of the block,

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it's currently a vacant lot right here across the street.

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This is American Street Corridor right here.

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And this is an aerial photograph,

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so it's a little bit dated.

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Recently, there's a new shell warehouse

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that has been constructed here

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with 25 off-street parking spaces.

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And I went up and took a few photographs

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and I have them just to show the board

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what's across the street.

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again this is an older photograph but this is the vacant lot right now this is current as of

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about 20 days ago this is the new commercial shell building on american street this is bodine

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this is an existing single family home but it's only 12 foot wide and that's why there was a lot

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consolidation of three 12 foot lots which were to the north of this building and then converted those

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There's three 12s into two 18-foot lots, one of which is the subject property.

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More photographs of what is directly across the street from the vacant parcel.

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This is looking north on Bodine Street.

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This is the commercial building permit.

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I took a photograph of it on the cyclone fence, but then I went to the records,

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And this is a clear reading of that zoning permit for that shell warehouse directly across the street from the subject property.

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Photographs of the posting.

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And here are the plans.

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This building, as I mentioned, is already constructed, and I showed you a photograph of it.

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It's only 12 feet wide, single family.

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This is our proposed project here, and this is the permit that I mentioned at 1708, which is approved.

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This is our proposed project here.

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and this is the permit that I have.

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So the architect went on public records and basically took the plans for this project and put it adjacent to our project.

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You can see it's approved for a garage, but again, we're just going to go with a straight two-family dwelling.

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Another view showing rooftop deck.

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This is the floor plan.

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Then, blow it up a little bit, go floor by floor.

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So in the basement, there's an office, a half bath, laundry, and mechanicals on the first floor, living, kitchen, one bedroom.

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So it's a one-bedroom apartment.

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Then you would go up the steps from that one entrance door to the second floor.

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We have a living room, dining room, kitchen area on one floor, and then two bedrooms above.

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We do have a trash area for the second floor apartment.

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The first floor apartment has access to the rear yard for trash.

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There's also access to a rooftop deck.

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This is the front elevation, all brick.

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the RCO has called for one-third brick on the rear this is a cutaway of the

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building again basement first one apartment second and third second

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apartment pilot house on the very top the remaining documents are what you

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would typically see in a package like this application or project information

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form. We do have an indication from the Philadelphia Tax Center that there are no

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real estate taxes are due. Zoning map, it is, as I said, RSA 5 across the street from ICMX.

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Deed indicating ownership that my client purchased it from Mr. Falco, who had the subdivision

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approved a while back

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as well as the other zoning permit.

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He then sold it to my client

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and that's why we're here today.

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These are the initial deeds

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indicating the lot consolidation

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to give you historical background.

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This is our notice letter

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that we sent out to every property

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within 250 feet of the subject property

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and our certification of mailing

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mailed out 103 pieces. And these are all the addresses of the properties. Here's the zoning

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records. This is the original subdivision plan. On the left is the three 12-foot-wide properties.

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And then on the right, you can see the subdivision between 1706, 8 feet wide, and 1708, also 8 feet

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wide. This is the back-proof documentation that in 2017, the relocation of lot lines was granted.

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And then also a permit in November of 2017 for this parcel, a two-family dwelling.

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And this is 1708, the property that I told you that the architect pulled from public records

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to show you what the plans that were submitted look like this permit for two family dwelling

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was issued in march of 2022 two family dwelling

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that's it for the presentation i can also bring up the uh

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the the letter mr chairman if you don't have it in the file

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you have a letter we have a letter from kensigan neighbors and also a letter not a business from

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