civus
Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

expenditure for special and recoverable funds. Excuse me, clearly we had 30 million dollars

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to date. The expiration without appeal of the period during which an appeal could have been taken

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from the issuance of the permit. There were numerous permits here, there were never any

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court appeals taken. And then the last is, whoops, I jumped out of there by mistake.

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and that the lack of evidence that there's going to be any negative public impact, that

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we believe that the fact that those two buildings are there recognized as assets to the community

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and along with the rest of the infrastructure, which is really proven to be aesthetically

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very uh pleasing and an important part of the character of the community um indicates that

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there will be no and there is no negative impact on the community so that's that's all that i have

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for the uh for the board today thank you mr kirk questions or uh comments from the virtual audience

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mr chair mr rick sudall has his hand up i will allow him to speak at this time if that is okay

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with you sir sure yep understood

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this is rick sudall hello hi could you state your name and spell for the court reporter

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sure this is rick sudall r-i-c-k s-u-d-a-l-l i am a partner in known properties

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this property for the foot off your preservation group all right wait a minute wait a minute do

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you swear a firm to tell the truth the whole truth nothing but the truth i do proceed

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Rick, could you just confirm for the board that everything that I've stated here today

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is accurate and that you adopt it as your testimony?

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Yes, that is correct.

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Do you have anything else to add?

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No, I do not.

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Okay, thank you.

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Comments from the virtual audience.

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Mr. Chair, I also have a Oscar Bazar with his hand raised.

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I will allow him to speak at this time.

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Absolutely.

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Hi, my name is Oscar Beisert. I'm a member of the community where...

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Could you please spell your name for the court reporter?

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Oscar, could you spell your name?

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It's Oscar, O-S-C-A-R. Last name Beisert, B as in boy, E-I-S-E-R-T.

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

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Yes.

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Proceed.

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Hi, I have concern with this project. I appreciate that the developer has restored the other two buildings, and I understand the need for more housing. However, there is a third historic building on the property that is essentially in a state of collapse.

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And it is one of the most ornate active historic heritage that we have in Germantown and Mount Airy.

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And I don't see how, you know, at this moment it is at it's in a state of risk to be lost.

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And it is by being designated by the commission, it is essentially a resource for the public.

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And I think that, you know, before we allow a property owner who has tremendous financial resources to continue building new developments, they should have to take care of properties that are there, especially those that are historically certified.

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And we cannot compel the property owner to fix the building.

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Thank you for your call, but you've sort of

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Thank you for your call, but you've sort of broken off there.

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broken off there.

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He actually looks

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He actually looks like he fell out, Chair.

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Yeah.

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If I could just respond briefly.

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Well, hold on, Mr. Carr.

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Here's what I want to do.

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Go through the virtual audience, then you can respond at one time.

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Okay.

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Any other comments or questions from the virtual audience?

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I see no answer, Mr. Chair.

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Okay.

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Mr. Carr, you can respond now.

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Okay.

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The building that Mr. Beysart refers to is what I'm indicating here with the cursor.

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We refer to it as the carriage house.

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It's a small, older building.

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It does need some repairs.

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And we've always considered this to be phase four.

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This was phase one.

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Presser, Nugent was phase two.

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Getting building three as phase three is important.

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And then once building three is completed, then we're going to turn our attention to building four as phase four.

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Thank you.

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The Planning Commission has already ruled their position on this, and they approved it.

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I'm going to call for a vote.

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And Mr. Shahid, you can't vote on this because you weren't here when this happened.

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MI 2020-001579-201-West Johnson Street.

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I vote yes.

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Carol Tenere, my vote is 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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Thank you, Mr. Carr.

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Thank you very much.

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We appreciate your attention to this.

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Thank you.

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Take care.

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MI 2021-005-027-2628 North Broad Street.

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Rachel Pritzker.

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Let's see here.

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Mr. Brandon Saverin

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has been out

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RCO Uptown Entertainment

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Development Corporation

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letter of support

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RCO Swamp Poodle Neighbors

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letter of support

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could you state your name

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and spell for the court reporter

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Mr. Saverin

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yes good afternoon

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Brandon Saverin

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B-R-A-N-D-O-N

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S as in Sam

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A-V as in Victor

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R-A-N

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

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Yes, I do.

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Could you mention who your client is and the relationship to the property?

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Sure.

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So my client is the Philadelphia Suburban Development Corporation, and that is the owner of what are actually the two properties that are the subject of this application.

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I also represent Starbucks Corporation, who is the tenant of one of the two properties, and they will have a representative as well here.

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Absolutely. And our vice chair has a few questions for you.

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Good afternoon. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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I assume you've sent in the required documents?

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Yes, I have.

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Thank you. You may proceed and share your screen.

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Thank you, Madam Vice Chair.

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Before I begin, I just want to ask the board and make sure that you have this refusal.

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It's actually a referral since we're dealing with special exceptions, that you have this referral before you.

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The application number that you read, Mr. Chairman, does not match the application number.

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on this referral. Check again.

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I read MI 2021 005027. Yeah, I have 008483. This is the only matter on these properties that has

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an active appeal. And my guess is if you look through your exhibits there, you'll have the

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same referral i'm not uh quite sure as to the reason for the number mix up but i'd like to

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proceed if that's okay with you just wanted to point that out um no i i would actually need to

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research it this is tanya i'm chair if you don't mind i have to research no no what tanya take a

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look at it and what i'll do is i'll go into another case and we'll get we'll get back to it

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thank you kind of mr sadwin if you can unchair and turn off your camera we'll come back thank you

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okay. MI 2021-003-231-400 block of Wall Street. Councilman Squilla has a letter of non-opposition.

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He quotes the Whitman Council letter in his support. We do not have a copy of the Whitman

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We do not have a copy of the Whitman Council letter yet.

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Council letter yet. Alan Nockamson.

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Alan Nalkamson.

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Mr. Nalkamson has been promoted to panelists.

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Hi, Mr. Nalkamson.

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You've been sworn to state your name, please.

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I would like to say that Alex Goldberg, the newest member of our team,

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is going to handle this any matter. That's fine. Thank you. Could you

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could we make sure that he's coming in? Yes, Mr. Goldberg will be coming back and

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as a panelist. Perfect. Thank you.

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Hi, can you hear me?

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Good afternoon.

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

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Sure.

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Alex Goldberg, A-L-E-X-G-O-L-D-B-E-R-G.

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Right.

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

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I do.

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Could you identify your client and the relationship they have with the property?

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uh my client is and construction llc uh corporate representative by the name of gazi out of seven

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is here with us today okay and our vice chair has a few questions for you

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i do agree to waive the reading of the refusal and stipulate to its accuracy i do

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it appears that you've submitted well i think it does all the required documents is that correct

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that's correct we however we did receive the letter of support after we submitted the materials

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that letters are now included in the packet i'm happy to send it to you after this hearing

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if you don't. Thank you.

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You may have to see. Ensure your screen, please.

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Are you able to see my screen?

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Yes.

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again i'm alex goldberg of knockinson pc at 123 south broad street suite 1600 philadelphia pa

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19109 i'm here presenting uh for 400 wolf street the owner of the property again it's and construction

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llc uh here's the table of contents for my presentation

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first we have the refusal then a letter of support from the corresponding rco whitman

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council incorporated after that a prior approved zoning permit an atlas map photographs of the

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property architectural plans and drawings the rco meeting notice and the corresponding

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certificates of mailing an application for appeal a deed to the property and certificate of tax

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clearance again with me is the owner's representative ghazi out of seven

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first this is an rsa5 property seeking a variance for the relocation of lot lines to create

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two lots from a single deeded lot the refusals are for minimum lot area as a result of the lot

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line relocation of the 960 square foot lot becoming two lots two lots one of 427 and a half square

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feet the other of 564 and a half square feet here's the letter of support from whitman council

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we met with them on november 17 2021 as you'll see here we had unanimous support

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from the rco eight members from the committee and 20 other attendees in the meeting for a total of

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28 to zero in support of the project again there's no there's no construction new construction here

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the building is existing as is this is merely form over substance

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here is the zoning permit for the initial construction of the property the erection of

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a single structure multi-family property with two dwelling units this is dated february 1st 2018

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here is a map of the property one of the uh the two properties face different streets one property

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has a front door on wolf street the other has a front door on south ford street

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And you'll see that in the photos upcoming. Here's another map of the property. Here are the photographs.

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upcoming here's another map of the property here are the photographs so this is the front

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of the property on the wolf street facing home and side of the property you can see

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to the left of the photo that is the front door for the south fourth street facing home

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street to the right of the property and to the left

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and stop 4th street to the right of the property and to the left

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here is the survey map of the property

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the site plan this is a floor plan of the basement there is no basement living

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if this is again this is a corner lot this is the first floor floor plan

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as you can see there's two means of egress here on the bottom unit from the first floor

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second floor floor plan

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third floor and a roof deck as you can see right down in the middle of the property is

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sort of the division between separate homes here is our rco meeting notice letter which was

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was sent on 11-3-21 which included the letter and the refusal that went out to 220 properties

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in the surrounding area as you can see from this map and the list of the properties as follows

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and here we have proof of the mailing

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here we have the application for appeal that was filed for 400 wolf street

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there the corresponding refusal again there's no new construction here this is

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an existing property that's simply a lot line relocation project information form

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here's the deed to the property showing at construction llc is the legal owner of the property

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tax clearance showing no taxes on the property and that concludes my presentation

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I'd like to have my client adopt my testimony, the owner's representative Ghazi out of seven.

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out of seven

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an audience sir please raise your virtual hand

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mr goldberg you're an officer of the court well you can okay as an officer of the court

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questions from the board no mr chairman and mr chair no mr chairman questions in the virtual

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audience or statements

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mr chair planning commission good afternoon chairman members of the board ian litwin planning

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