civus
Hearing video

ZBA Hearing - April 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20219h 42m

Monday to Thursday.

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Monday to Thursday.

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That's why I asked.

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Friday, Saturday, Sunday would be weekend, right?

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Would be weekends, 11 o'clock.

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Well, outside, midnight inside, outside.

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The RCO was very clear.

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They said outside seating ends at 10 p.m. during the weekend,

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at 11 p.m. on the weekend, but the interior can go until midnight.

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We're restricted to midnight anyway because we have a G liquor license,

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and we cannot go beyond midnight with that kind of a license.

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thank you for the clarity thank you sure calendar numbers that's a proviso right

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yes for the outdoor calendar number 0359 1311 north howard street my bird is yes

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with outdoor seating monday through thursday to end by 10 p.m and friday saturday and sunday

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the outdoor seating will end by 11 p.m and commercial trash pickup yes my vote is yes with

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proviso yes proviso thank you calendar number zero one i'm sorry yes i'm sorry madam chair um

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if it's okay with you and um the chair i was going to respectfully ask that we call continuances for

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the 330 cases so that anyone who's here for them can leave because we will probably go the wrong

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way. Yeah okay that's a good idea thank you. All right I'll call them. MI 2020-0018561715

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north 59th street is continued number five on our 330 list mi 2020 that's 001 562

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562. 279 Grape Street is continued. And there were no exhibits submitted. Let me read this

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279 grape street is

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one off. MI 2020-001560. 7810-20 Algon ALGON Avenue. Those exhibits were not received by

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the board until 2 30 yesterday uh therefore that case i believe uh well we'll let that go wait till

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we get to it and see if we have anybody we may have to continue that one wait till we get to

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that one carol okay where are we calendar number oh tanya um i was gonna yeah i was gonna ask if

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We can follow up to see if anybody else had 3.30 continuances.

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Anyone else?

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Thank you.

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Anyone else requesting a continuance or withdrawal for the 3.30 list?

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Chair, we have Leo.

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Leo, you can unmute yourself and speak to a continuance.

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Yes.

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Good afternoon, Chairman and Members of the Board.

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Leo Mulvihill, M-U-L-V-I-H-I-L-L, 1441 East Oxford Street.

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I'm here today on 4609 Hedge Street, application number, sorry, calendar number 39125.

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I'm requesting a continuance.

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We have two issues.

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I think, hold on a second.

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You said that's the wrong number.

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Hedge Street 4609 Hedge?

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Yes, that's correct.

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Yeah, but you gave us the wrong calendar number.

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Oh, my error.

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All right, so you're asking for a continuance?

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Yes, I believe this was marked must be heard. Unfortunately, there's an outstanding tax issue. My client's working with the city right now to take care of. So it's my request. It's a lot line consolidation. And that's really it.

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Yeah, I don't have any notes about that must be heard. So MI 2020-0003284609 Head Street is continued.

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Thank you. Have a good afternoon, everyone.

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you do like any other requests any other requests for continuances or withdrawal for the 3 30 list

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chair we have william stamps hello chair we have williams excuse me william stamps

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i've just unmuted thank you mr stamp please identify yourself with a record name spell

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your full name uh lyle stamps l-y-l-e-s-t-a-m-p-s uh for applicant gallman algon

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mi 2020 001560 property 7810-20 algon avenue uh you prepared to go forward with that case

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we are prepared to go forward with that case and to uh to uh you mr chair and to the board

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uh our apologies for the timeliness of the submissions we were hoping to submit altogether

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with the letter from the rco which we had not received yet however everything has been submitted

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now i believe councilman o'neill supports this as well okay well when we get to it at 3 30 we'll hear

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the case okay carol calendar number four zero one four eight twenty three oh one bligh avenue

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know gussie o'neill is the attorney well you'll know i just got some hate mail from somebody who

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lives up in the written house street area oh voicemail i'm a disgrace i'm a disgrace unless

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you quit oh god you'll have all of us following you so then there'll be no zoning board

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good afternoon uh yes uh is this uh gusty o'neill it is i'm sorry i'm not sure why it comes up as

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augusta okay augusta may you uh may you will you please put your name and address on the record

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and spell your last name sure my first and last name is augusta o'neill last name is spelled o

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apostrophe n e i l l my address is 1835 market street that's suite 1400 philadelphia pa 19103

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do you swear or firm to tell the whole truth and nothing but the truth

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yes do you also agree to waive the reading of the refusal and stipulate to its accuracy

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there is just one small issue with the refusal um just wanted to point out for the board that

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my client does have a property certificate for two units at the property already, and the refusal

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just makes it seem as though we are asking for relief to get three units. I just wanted to make

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relief to get three units. I just want to make that clarification that we do have the certificate

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that clarification that we do have the certificate permit.

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permitting us to have two units in this three unit property. Okay, thank you. Have you emailed

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the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and or

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plans of the property five days in advance of this hearing? Have you met with the RCO and do you have

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letter. Yes to all three. Thank you. You may proceed. Thank you very much. So this afternoon

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we heard to discuss 2301 Blay Avenue. This property is currently zoned RSA 3. So in this zoning

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district the multi-family residences are not permitted. At the time the property was purchased

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it was set up as a triplex with three separate units which all have separate gas meters,

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separate entrances, they each have their own kitchen and living space on each floor,

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and there are two dedicated parking spots at the property, as you can see in this picture.

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The lower level unit is the unit that we are asking for the variance relief here today. As I

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said before, we already have a property certificate for the two units, which is a part of the exhibit

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package that I previously submitted to the board. The lower level unit, as you can see, is above

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grade. There are a number of multi-family properties, including triplexes, on this block.

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As you can see from the exhibit package, pictures in the exhibit package I previously provided.

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I do have a floor plan for the lower level unit if anyone any member of the board would like to see

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it but it is a part of our exhibit package we met with two RCOs for this property the

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Ron Hurst Civic Association which held a formal meeting for us on the 25th we my client also went

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the property and did a site visit in person with two members of community on the rise.

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They toured the property with my client on March 16th and they did submit multiple letters

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to the board indicating the provisos that they wanted to have added.

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They have advised me verbally, I spoke with them at length last night,

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that they are in support of this application just as long as we agreed to the provisos that are in

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their letter um i'm happy to read those provisos to the board if anyone on the board would like

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me to yes please please do and i also have a copy of the letter up if anyone would like me to share

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the letter are you miss o'neill are you suggesting that roanhurst has changed their position from

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opposition to support no there's a another community group called community on the rise

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and they're they've told me last night that they're in support. I'm not sure if Sharon Solomon

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is participating this afternoon. I wasn't able to get in touch with her over the phone

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but let me actually share a copy of this letter that I received.

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can everyone see that yes great so the provisors that are indicated um they had asked that concrete

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be installed at the front and rear of the property um that it be repaired they wanted a replacement

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of the kitchen bathroom appliances new floors washer and dryer they asked that the old flooring

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be removed and replaced by new floors um they had a question about circuit breaker boxes um

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i'm going to interrupt you from what i can read none of those are enforceable through the uh cba

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so far now appropriate plonuming i'm down the next ceiling high entrance bathroom parking spots for

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all units they're already there egress window first force everything must be built according

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everything must be built according to fire codes that's for sure and again that's you've gotten a

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petition signed okay but also has to had tried had asked to um pose some questions to the zoning

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board i'm not sure that these are relevant to what we heard for today obviously yeah but they're not

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we wouldn't have any knowledge of that right now right uh but i just did want to inform the board

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that my client has received the letter that they that this rco sent to me um and he is fine with

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all the provisos that they'd asked for all the improvements that they had asked for to be made

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to the property um in addition to this letter of support from the community on the right

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In addition to this letter of support from the Community on the Rise RCO, my client did also visit a number of neighbors to the property, and he was able to get many signatures of support.

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And so a copy of those of the petition of support was also provided with our exhibit package.

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sorry i'm just gonna um and so with all that being said i would just like to

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call forward my client to adopt my testimony

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sonny are you

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sonny could you raise your hand

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you've been muted

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hello can you hear me yes please identify yourself name and name and address and spell

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i'm sorry spell your full name i'll swear you in sure sunny yang s-u-n-n-y y-a-n-g

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where are you from to tell the truth the whole truth nothing but the truth

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yes please proceed miss o'neill sunny have you heard my testimony this afternoon

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yes and was it all true and accurate absolutely and you wish to adopt it as your own yes perfect

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um thank you mr chair as i said there are i believe that there are members of the community

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who are going to be speaking in support of our application um i know that the prior applications

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went a bit long so just in the interest of time i will um rest there but if there's other questions

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that the board has, either myself or my client, we'd be happy to answer.

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The only question I have is, has there been any other communication with the

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Raunhurst Civic Association? Because they sent a letter of opposition. So do you know if there's

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been any follow-up with them? I have not followed up with them.

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I am not sure if Community on the Rise has been in touch with them.

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um i'm not sure of the status of their talks okay let's uh is there anyone from councilman

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o'neill i assume you're not related uh anyone from councilman o'neill's office

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on this call if so please raise your hand just councilman o'neill oh there you go

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his own special alice he works for so um alice is on it as well uh and thank you mr chairman i'm only

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kidding about that last one, hopefully. This is the first time I've ever heard a community on the

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rise. Sounds like they do good work. I don't have any issues with them at all. From where I sit,

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they're not an RCO for zoning cases. This is well within Roanhurst boundaries. They've been

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a breath of fresh air in the Roanhurst area for the last several years, really fighting an uphill

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battle against bad development, neighborhood problems of all kinds, against some pretty

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significant odds. And their chairman, longtime chairman, moved. His wife died. He left the city,

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lived close to his children. And through Senator Sabatina, who's from that area, we were able to

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revive the Civic Association. And they've been very, very active. And Senator Sabatina has been

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very active on this particular matter. He and I have spoken several times. He's actually driven

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him by several times, taken photos on his phone. He said it's not only a nightmarishly blighted

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property, unlike the photo we're looking at, but has been this way since 2006 or two, I'm sorry,

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2007. And Clip has a file that is so big on this property that I believe they have given

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2301 Bly frequent flyer status. And I haven't heard of that before, but this is a recurrent

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clip problem for a blighted, trash-strewn, overgrown property that is relentlessly that way.

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um there is a lot of doubt that um and and i and i understand uh counsel's uh statement that her

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that her client says he bought it this way and there's no way for

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she, I, or any of members of the board to know whether it's true. Only he knows whether that's

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she i or any of members of the board to know whether it's true only he knows

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true. But if he did, he had a certificate of occupancy that said there were two units allowed.

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And no one ever gave him permission to do three. The Civic Association has become very aware of

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the illegal triplexes that are interspersed on this block and a few neighboring blocks. And

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And we have, Senator Sabatina and I, have joined together to try to get L&I enforcement to get them returned to the way they were built, the way they're legal, which is a two-family with garages, off-street parking.

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And you saw from the pictures that the photos, some of the photos that council showed, that it makes a tremendous difference where you see these twin duplexes with the garages on the bottom.

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It just sends a message that this is a good block, as opposed to what we're looking at here with both the applicant and the next door neighbor, with what looks like it has with that air conditioner in the window and the back door in the middle, another illegal triplex.

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And maybe Ellen and I cited that as well. I don't know. But I would just ask the board to help support this neighborhood, which the Civic Association is trying to protect and help redevelop properly and not have it go downhill with properties like this.

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Mr. Chair may I respond to that or do you need to take testimony from other

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quickly quickly respond sure okay so as far as um Councilman O'Neill's comments about

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community on the rise not being recognized RCO I'm not sure where that is coming from because

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Planning Commission did um direct all correspondence about the zoning matter to that RCO that's how

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they got in touch with us that's how they were able to tour the property um as far as any

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allegations that my client hasn't been maintaining the property i think the picture that's on the

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screen right now speaks volumes as to how beautifully maintained my client's property is

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well that could have been done that that could have been done in anticipation of this hearing

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i mean i could i could show you a picture from google that well i could i can not to debate it

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but if clip and i i believe the councilman if clip has been out there numerous times that tells me

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something and i i did look at the atlas records i see no records of them you know nothing that

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would indicate that they're have the quote unquote frequent flyer status that councilman

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o'neill was referring to i can also share recent pictures um from the property showing again how

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beautifully maintained it is if the board would be interested in looking at those i i think i think

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we get the picture already but thank you and and just as far as mr um councilman o'neill's

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point about the illegal triplexes are in this neighborhood i mean i think that you have before

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you someone who's trying to do it correctly and is asking the board's permission because they

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would like to be allowed to do it as opposed to whatever this issue is with other people who are

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doing it illegally. All right. Anyone else would like to speak on this case, please raise your

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hand. Yeah, we have Senator Sabatina. Sorry, you've been unmuted. Please wait for the chair.

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Good afternoon, Senator. Please identify yourself with a record. Spell your name and I'll swear you

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in thank you mr chairman can you hear me yes my name is uh john sabatina j-o-h-n-s-a-b-a-t-i-n-a

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junior i am currently the state senator uh in which this uh in the district in which this

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property lies you swear and affirm to tell the truth the whole truth nothing but the truth

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i do thank you please proceed thank you chairman and board members i had the opportunity to go

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to this property on February the 5th and I took a picture of the front of the house and on the

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front of the house was a abandoned tire, a broken chair, and a mop handle. The place also did not

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look like it had been properly shoveled. There's still snow on the pavement and trash was on this

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overflowing on the trash cans on the side of the house. I went back to the property on February

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the 9th. I again took pictures of pretty much the same property in the same condition.

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pretty much the same property in the same condition. Most recently I went back to the

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the property on March the 31st, the day before the hearing before the Ronhurst

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Civic Association and again I took pictures of trash in the front,

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I'm sorry trash on the side of the house overflowing from the trash can the same

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tire on the front porch and the same broken chair and mop handle in the back I saw a punched out

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screen laying on the floor and the door that that you can see in this picture saying 2301 was

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