civus
Hearing video

ZBA Hearing - July 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 31, 20246h 45m

I know

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I'm so upset

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just keep clicking the X

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it'll close and move to the next one

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there's no X there

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where it's highlighted in purple

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just click on it

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the x right there now yeah close that all right now close that one

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yeah there's your d all right there we go okay this is the interior first floor interior

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the other side of that door that's on 13 13th street looking at right all right keep moving

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okay this is the the rear of the same floor first floor rear yeah we do a wash and dryer there

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This is the organization for my brother.

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Okay.

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Okay.

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This is, okay, this was the RCO, not our position, all five members.

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That's the floor plan.

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This is the plan on the streets.

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Show where the building is.

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Right there.

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On the property.

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Okay.

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Okay.

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Where was I now?

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That's a good idea.

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it's coming up by the audio just click on that

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I can't get you moved now listen to me listen to me

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you got to move it a little bit further along we just can't keep staying with this

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can you go over to the next tab to the right

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the audio is covering it up

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oh wait

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there you go

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there you go

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yeah

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that's proof right

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what does that one have

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there's another picture

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these are the zoning pictures that we put up

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yeah right we see all the zoning

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pictures we're good with that

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and here's

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entrance in again from

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uh that's the apartments right and then the door behind that is where that office space is

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that the apartment would have access to right another view of the street street corners corner

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property shown first floor and second floor there and this is only poster on the first floor front

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door. I think you showed us you showed us everything you had pulled up. Okay. Yes,

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I think so. And again, thank you. I apologize for our technical questions from the board.

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technical question questions from the board

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yes where is your um like is is there no outdoor space in the building

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no there's no way would trash be stored

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about trash take them with the trash in there like the apartments on the second i'm sorry he doesn't

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They're not that aware of this.

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The apartments on the second and the third floors, they have to keep their trash on their deck space or their little alcove space.

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There is a little area in the front of the house that can have a trash can.

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Right outside the front door, there's a little deck space that you can put two chairs and a trash can to store your trash.

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okay and my other question is uh so for that first floor unit are you thinking of like a studio

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or are you trying to split it up into bedrooms like a studio which would be have like a bedroom

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you know like however somebody wanted to set it up it's like a kitchenette area efficiency

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whatever somebody wants to do with it of course just one person and the other

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apartments only have one person

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in them as well.

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Thank you.

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Any other questions?

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Yes.

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The kitchen there on the first floor,

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is that a full kitchen?

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It's got, you know, a little stove,

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a little apartment-sized refrigerator

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because they used to, you know, have people

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come in and they would eat.

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So it's like a kitchenette would be.

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Okay.

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And when was the last time you

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rented this space

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for any kind of

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a beauty salon?

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At least 15 years, probably.

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by and it was capri capri beauty salon was in there like 15 years ago and they retired and

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moved out and it's kind of been it's been vacant ever since okay thank you

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i i only have one question tell us about you you said the first apartment could have access to a

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an office in the back tell me what that is i don't i didn't understand that no no there's no

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there's no access to the office

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from the first apartment

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but no but I'm saying no no listen

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to me what I heard your

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wife say was there's another

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entrance on the side into an office

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that the first floor would have access to use

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an office that's attached I didn't

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understand that

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no it would seem like for an exit

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it would be

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I think it is I don't know

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I haven't been down there for years

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it's not

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it's a separate doorway

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Well, it's not an office.

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It's a storage area.

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I'm just saying what you said.

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That's all you said.

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It was an office.

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Oh, we just called an office.

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It's not.

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No, no.

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My tenants on the second and third floor, first and front and back, they store it there.

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We used to call.

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I don't know why we called them an office, but years ago.

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I mean, that's just my terminology.

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Okay.

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Please, please, please.

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Any other questions from the board?

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all right questions from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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i see no hands here planning commission thank you chair bergman and good morning david vecto with

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the city planning commission chairman and board members the comprehensive plan recommends no change

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to the cmx1 commercial mixed use zoning at this location the zoning of this property was changed

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in 1988 from cmx2 commercial mixed use to cmx1 cmx1 allows but does not require commercial space

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to be included in the building this property has a documented history of two dwelling units

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and a commercial space the appellant seeks to convert the former commercial space into a dwelling

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unit the city planning commission recommends the board grant the proposed use variance for the

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third dwelling unit. Mr. Pellulo, I'm going to hold the vote on this. I'm going to take this

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to executive session next week. We will vote on this next Wednesday at 9.30 a.m. Thank you.

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Okay. Thank you for your consideration. How will we be notified?

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You can come on the line and watch the vote. Listen to the vote.

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okay well thank you very much thank you thank you thanks for putting up with us it was very

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okay well thank you very much thank you and thank you thanks for putting up with us

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frustrating i'm sorry about that okay thank you take care um let's go here we're gonna go to

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number number eight mi 2023 007 157 832 bridge street joseph vaccaro is the attorney

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No recommendation, unable to reach consensus from the 34th Ward Democratic Executive Committee.

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Joseph Vicaros, coming back in as a panelist now, Chair.

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Good morning. Can you see me?

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I can. Mr. Vicaros, please state your name and spell for the court stenographer.

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Good morning. May it please the board, Joseph Vaccaro, V-A-C-C-A-R-O, on behalf of the applicant, Jose F. Bautista, who is somewhere in the virtual audience.

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

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Yes, I do. Our vice chair has several questions for you.

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Thank you.

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ish i don't hear you okay

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you're muted i'm not i'm not ish ish

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see if he's there

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there he is okay he just muted himself again okay

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mr chair i think we lost him i think he was having some technical issues because he was

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unmuted but his and speaking but his audio was not coming through

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Mr. Vaccaro, do you stipulate to the accuracy of the refusal?

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Yes.

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And have you had all your paperwork in within five days prior?

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Yes, I did. I initially sent my documents on Friday, and then I updated them with the tax clearance certificate and the photos of the poster on Monday.

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Please share your screen and begin.

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Certainly. Thank you.

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can you see my exhibits no we do now okay fine I'll just start from the top essentially members

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of the board this is my client's application to permit the use of of the basement of this

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dwelling as an efficiency apartment, essentially. It is a three-story building, two floors up top

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and the basement. And this application is focusing on the basement to be able to use this basement,

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which consists of approximately 504 square feet as an efficiency single bedroom, single individual

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individual apartment, starting with the posters. Can you see the poster?

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Yes, sir.

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Okay. Just scrolling down. The posters were put up on time on the property. These vehicles parked

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to the right of the screen. They don't belong to my client. In fact, it's our understanding that

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PennDOT owns that property. So this property may appear to be a corner property, but it's not.

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where the cars are located is the corner property that's owned by PennDOT.

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Part of the – in order to facilitate this use of each unit, both the first floor, which consists of the first floor and the second floor,

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so that would be a two-floor unit, which is currently occupied, and then the basement unit,

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some work would have to be done on this little garden area to allow for ingress and egress from

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the Bridge Street side. And then as I'm scrolling down, there would have to be additional ingress

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and egress on the back alley, which I'm showing you here and more specifically in this photo

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and in this photo over here. There's, I could move myself. If you see this black door over here,

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This would be the other means of ingress and egress.

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And then you can see this white door over here.

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This would be the second means of ingress and egress.

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Obviously, a staircase would have to be built out so that the occupant of the first

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a staircase would have to be built out so that the occupant of the first and second floor

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can use that door to escape in the event of fire. So each unit, both the basement unit as well as

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the first and second floor, would have two means of ingress and egress. Scrolling down, I have the

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plans. I'll show you a better view of the plans. One moment.

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Can you see this?

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Not very well.

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Are you leaving the garage there?

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No.

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Essentially, the garage would be converted into the 504-square-foot apartment.

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That's the gist of the application.

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The garage would be converted into the apartment.

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And I'm showing you on the plans, it would be on the lower right-hand corner of the plan,

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basement floor plan, proposed unit number one. If I could go back to my original exhibits.

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Scrolling down, we have the application, the refusal, the PIF,

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the deed. Mr. Batista owns the property by way of deed, having purchased it on June 5th of 2019.

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His goal is to help provide more access to affordable housing.

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At this point, the basement is not being used other than a washer and dryer.

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Are the utility, Mr. Vaccaro, aren't there utilities for the building in the basement?

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Yes. Yes. The utilities are down there, too.

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No consensus was able to be reached, as you had indicated when we were starting this hearing.

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Of note, there was a sentence in the letter from the 35th Board Democrats about some of the neighbors having been surveyed, and my response to that would be that none of the neighbors which were surveyed prior to the two meetings that we held who expressed opposition ever appeared at either of those meetings to voice their opposition.

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through this plan. Scrolling further down, my note, my letter to the near neighbors with proof

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of mailing, and going all the way down, I have my client's tax clearance certificate. So essentially,

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my client's trying to help provide additional affordable housing. Obviously, this would be

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geared toward an individual two people times thank you um i could bring in mr bautista but

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his english is very very limited and you you're so so you're an officer of the court but you have

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communicated with him you understand of course of course questions from the board in fact in fact

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he has attended both meetings with the 35th ward democrats and um i'm sure he's in the virtual

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audience i've been communicating with him and his wife by text questions questions from the board

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yes no i was going to ask about any type of is he claiming any type of hardship for this

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well the the hardship is is that the basement is not being used other than for

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the utilities as mr bergman had had inquired and and there's just a washer and dryer other than

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