civus
Hearing video

ZBA Hearing - September 30, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 30, 20205h 7m

petition to sign nor was I shown a petition with the neighbors that signed

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nor was I shown a petition with the neighbor.

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an agreement at that meeting okay thank you is there anyone else who wishes to

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testify in this matter please raise your hand so we have a Derek Hicks Mr. Hicks

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you cannot be heard because you have an old version of zoom so you can't go

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forward um and then we have jonathan jonathan you can now unmute yourself and wait to be sworn in

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yep uh jonathan would you please spell your first and last name for the stenographer

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my name is jonathan j-o-n-a-t-h-a-n plotkin p-l-o-t-k-i-n your address my address is 1700

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south 23rd street philadelphia 19145 thank you please proceed first note i this was um i i did

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not hear cliff get sworn in uh so i proposed that his testimony be stricken from the record

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i thought i did swear him in my apologies my mistake i will get him back on the record and

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swear him in okay uh the second thing that i'd like to bring up is i did circulate a petition

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that i submitted on saturday night to the zoning board i did not receive any email confirmation

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you received it but it was a petition in which i spoke to the neighbors on morris street and 24th

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street who are most affected by the property and uh here say mr chairman uh excuse me i have the

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i have the floor now yeah but but but the but the attorney is making a motion and i sustain his

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his motion um jonathan you can unmute yourself you will be muted if you don't allow the chair

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and the attorney to do their jobs okay you can continue to speak the petition that i circulated

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was letting folks know about the exact nature of the property that is the the exact nature of the

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development i feel that mr lasky has been uh potentially untruthful in letting people know

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that he must develop either commercial or residential and has not informed people of

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the exact nature of the residential property that he wishes to develop and i have a petition

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with 32 names indicating support of it is hearsay uh you have to speak for yourself sir

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fine from my own personal experience walking around the community and talking with dozens

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of neighbors there is significant objections here say again sir that's great fine then i will just

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move to the second part of my prepared statement um i would like to speak as the committee person

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for the community in which this development is proposed our community is tight-knit with strong

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bonds to go back decades many of my neighbors are old enough to have been to be my grandparents and

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have lived here since well before i was born they have seen the rise and fall of point breeze over

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the years and now that we are once again rising they continually feel as if they are being left

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out of the process again sorry again i i apologize but you you you're told hearsay let me ask you a

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question yeah did you did you attend the rco meeting i did attend the rco meeting and i voted

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in opposition not because the community does not want not because the community does not want

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residential but because the community does not wish to see such large overgrown residential

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and it's hearsay um i apologize but you keep going back to what you have to speak on behalf

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of yourself. What I personally would not like to see is a large building such that is being

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proposed with three stories that overshadows all neighbors within the property. How long have you

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lived at your current address? I've lived at this address for three years but I do not see how that

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is relevant to an issue. You don't know what my next question is going to be so how could you say

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it's irrelevant what is your next question sir all right uh here we can move on yeah i'm moving

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on okay uh anyone else i have cynthia williams ford him you can unmute yourself and wait to

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be sworn in. I'm on the phone. Yes. Hello. Hello. Can you hear me? Yes. Please identify yourself

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with the record name and address. Yes. Jerome Fordham, 2342 Morris Street. Okay. I'm right

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next door to George Dozier okay I'm on Morris Street he's on 24th Street okay

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sir relax for a second and get sworn in he's wearing a friend to tell the truth

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You're swearing for him to tell the truth, the whole truth, and nothing but the truth.

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the whole truth and nothing but the truth nothing but the truth

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Nothing but the truth.

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Thank you.

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And thank you, Tanya.

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Please proceed.

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Okay.

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I oppose this building next door.

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The structure is too high.

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My family lived here for 50 years.

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And I opposed it.

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I opposed it when they first sent a petition right.

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I opposed it.

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My wife opposed it.

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and the people on 24th street and you can't say they all oppose it but i speak for myself i oppose

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it i spoke but i spoke to george and i spoke to a man named cliff that i don't i don't want this

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proposal bill i want to stay commercial it's commercial i want to stay that way with the

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business there that's what he is saying that is not true we argue with him and i argue with him

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before this happened that i don't appreciate that because they don't have community at heart that

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is what that's what i'm saying i don't appreciate that it's just unfair we're being rough shot and

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rough ride over and that's ungodly and unfair to the community and it's a long-time residence

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all right thank you anyone else to testify in this matter please raise your hand

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No, Chair, we can go forward.

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All right.

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Planning Commission.

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Good morning, David Fecto, City Planning Commission.

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Mr. Chairman and members of the board, this property is indicated for commercial and residential mixed use on the city's comprehensive plan.

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This property is on a block of mostly two-story single-family homes.

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However, considering that this proposal is on a corner lot and has the support of near neighbors, we have no objection to granting these variances.

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Thank you very much. Mr. Mattione, you're completed, correct?

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I am. I am finished, Mr. Chairman.

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Is there anything in the file from the Councilman's Office?

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There is nothing in the file. I did reach out to them and they did not respond.

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Thank you.

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With that, I would like to suggest that we hold this for one week, pending any recommendation from the Councilman's Office.

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Thank you, Mr. Chairman.

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So MI-2020-000273-1701 South 24th Street being held for executive session a week from today at 9.30 a.m., pending a letter from the councilman's office.

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Thank you.

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Thank you.

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Calendar number MI-2020-000271-1814 Titan Street.

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is there anyone here on titan street if so please raise your hand

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i have no one

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all right um mi-2020-000271 1814 titan street is continued

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calendar number mi 2020-000808 3147 clifford street

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anyone here for clifford raise your hand

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and that's advice chair and chair

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okay mi-2020-000808 3147 clifford street is continued

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calendar number mi-2020-000282 4625 wayne avenue

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if i could chair the vice chair put on the record we did get a request in from solo

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for continuous because they haven't heard from the applicant

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and if anyone here for that address please raise your hand

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4625 wayne avenue yes anyone here anyone must testify no hands no all right so uh mi-2020-000282

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4625

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Wayne Avenue is continued

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Calendar number MI 2020-000281, 5419 Stewart Street.

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Calendar

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Number MI 2020

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Dash 00

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Anyone here for Stewart Street?

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Raise your hand.

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No hands up.

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okay mi-2020-000281 5419 stewart street is continued

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calendar number mi2020-000251 5732 catherine street

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if you're here for catherine street please raise your hand

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vice chair and chair no hands up at this time

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am i thank you is someone did i hear someone say something no no i just said okay okay

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MI-2020-000251-5732 Catherine Street is continued.

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Calendar number MI-2020-000266729 Rittner Street.

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The attorney listed is N. Jin.

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Ms. Abbey, may I have your assistance with promoting Zin Jin?

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Yep.

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Thank you.

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Then promote to a panelist.

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Good morning.

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Good morning.

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Mr. Jin, name and address for the record, please.

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

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I do.

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Do you also 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, refusal,

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referral, photos, plans of this property five days in advance of the hearing, and have you met with

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the RCO, and do you have a letter? Yes, to all the- Thank you. Sorry for the interruption. You may

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proceed. Thank you. Good morning. I am here on behalf of Mr. Hung Liu, H-A-N-G-L-I-U, the owner of

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the property, for an application at this location. I am going to share the screen with the board of

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the exhibits. We have submitted according to the rules five days ahead the following exhibits

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notice of hearing refusal, community letter from Lower Moor & Wingsing Civic Association,

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a petition to support some letters from neighbors in support, a tax clearance deed,

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application copy, the PIF form, photos and plans. I want to address the community letter first

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as it is voted in opposition.

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We met with Lower Moines and Civic Association.

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It was a lightly attended Zoom meeting.

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As you can see, there were three board members available

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who opposed the application.

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There were no neighbors actually at the meeting.

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The board opposed it primarily because they feel

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that this is a property that could be used

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as a single family dwelling.

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I disagree with that position on a few primary points. First of all, this property,

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going to the photos, this is a property that was previously zoned as a store for many years.

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The historical records of the zoning shows that it was a store for since at least 1980s.

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It was left vacant for many years before my client purchased it in 2017.

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However, there was not a lot of commercial activity at this particular location.

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In fact, the way this building is structured, it has two existing entrances, and the second

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floor is actually accessed by this door on the side with its own stairway, and the unit

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that used to be a grocery store was accessed from the front.

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the neighbors actually did speak with my client and I have their letters here

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And I have their letters here from some of the neighbors.

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from some of the neighbors their main concern

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Their main concern before with this store use was that the store generated a lot of trash, had drug problems, people selling drugs in front of the store.

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And when he purchased it, they actually preferred it to be used as a residential rather than a commercial space.

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The building itself did get down zoned to a single family zoning, or I say five.

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however I'm gonna separately share a different screen I want to show the

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board the information from the Atlas system this again this is a grocery

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store and it was in fact at one time a C2 commercial property was not always

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RSA 5 so we have a situation where zoning did change but the building

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itself structurally was set up as a C2 commercial property so what we're asking

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in essence is for the property, the commercial side of the property to be used now as its own

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extra unit, residential unit, partially because it is also set up in a way that it's difficult

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to simply convert the entire structure. There are some advantages to this building, which helps

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alleviate some of the common issues with storage of trash, because this is a corner property that

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actually has its own rear yard access by door which the keys can be shared by the occupant

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so they can have a storage that is blocked off from the street and away from site until the time

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it is to take the trash out. As you can see this was actually taken on a trash day. The currently

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the first floor is vacant so they're less trash. There's also similar uses across on the other

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corners these are also used not as a commercial space or single family they're actually duplexes

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there are other duplexes on the block but they're also single family houses we're aware of that

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but again this is kind of a corner property that had duplex use or I mean a commercial and a single

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family use so it was separate two floor use at all times as you can see there's another duplex

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across the across the street here as well. From the standpoint of the current layout,

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this is the current layout of the property internally. The upper floor has three bedrooms,

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but it's accessed again from the side stairs coming in. This first floor was laid out essentially

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identical to the upper floor is how my client had it done. It was originally basically set

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up with a room here and bathroom back here but was left more open in the front as a commercial

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space. I'm going to show the interior photos to the board so it's easier to see the current

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interior state of the structure. I understand the outside looks kind of rough. I spoke with

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my client about further work on the outside to kind of make the look more uniform and

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he is in agreement to do that this is somebody so this is the accessing the side door to the

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rear yard so there is a shared door to the rear yard and again it can be accessed from this door

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from the street the inside of the property this is the first floor bathroom

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hallway to the kitchen these are the three rooms that are shown on the plans

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And this is the view going in down the hall towards the back of the first floor unit. I'm

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going to see if I can get a better angle here. Is the board able to see the entire picture on their

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screen? Yes. I would like to, these are three bedroom units? This is what is the existing layout,

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yes. I'm going to go back to the plan so it's easier. Looks like new construction.

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It was renovated. Both the upper floor and the lower floor was renovated when my client

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acquired the property. Yes. So if you look at the upper floor that is occupied, I'm sorry,

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this is a little bit off on the side here. So this is a stair that leads to the upper floor. It's its

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own entrance and this is from the side coming in looking up the upper floor is

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occupied the first floor is vacant so this is the bedroom one of the bedrooms

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here's another room this is another bedroom in the upper floor

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This is another bedroom in the upper floor, here's a better angle of the bedroom again

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the interior of the property was renovated to be updated so it's the living space itself

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is in good condition and again all these the renovations about a year plus old my client

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acquired it acquired the property in in the 2017.

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