civus
Hearing video

ZBA Hearing - October 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 8, 20258h 7m

So if we look at the zoning map here, this highlighted parcel is ours.

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And you can see that it's surrounded by industrial zoning.

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That's where you saw the junkyards, you saw the railroad spaces.

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There's a large industrial warehouse building over here.

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um there's um and then there's commercial businesses um and i'm just going to show

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you exactly i made a list of everything to show you the other uses so within just the two

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surrounding blocks so with looking at the two blocks this is on the 3300 block of north 22nd

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street and the um excuse me the 2100 block of west west moorland we have six other multi-family

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housing range in size from two to four units. We have two mixed use commercial dwellings

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with two residential units in each. There is at least two other large industrial parcels

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that one of which is used as junkyard. Another one has some truck storage on it. There's another

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one that has a warehouse on it. There is the railroad properties. And notably within these,

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just these two blocks, there's 16 vacant parcels. It's an area that, you know, needs some more

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residential use in it. And definitely on this corner where we're intersecting with that railroad,

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you know, it'll be good to have that lighting, to have that use, to have that,

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you know, that engagement on that corner with activity again. Let me just go to the photos

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again, I wanted to show you both tenants will have access to the rear yard where they will be able to

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store their trash. So trash storage will be off the street. Trash bins will be provided. And so

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it should be neat and tidy and kept out of the way of any of the, you know, to not cause a problem

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for other residents. I was not personally at the RCO meeting and we do not have the letter, but I

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have talked to my client and he will confirm my testimony about his experience um there seemed to

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be he met with allegheny west civic association on september 16th um and his impression was that

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there was a overall positive response specifically because he was a resident of the community

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and he himself was investing in the community he lived in um they also noted that it had been

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vacant for a long time prior to him purchasing the property. So again, restoring this kind of

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long-term vacant dilapidated nuisance property into something that has, you know, this nice

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lighting on the outside that actually improves the safety of the community. Like I said, there's

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lots of vacant parcels around. There's lots of these industrial parcels. So the addition of one

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more unit in this property should not cause any sort of congestion parking issues um strain on

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utilities or anything like that um it'll be way less of a hazard um than some of these surrounding

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industrial uses are to the neighborhood and kind of serve as a buffer between those industrial

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uses and maybe some of the other residential um residential houses in the area and also prevent

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another house from getting knocked down in another vacant parcel um on a couple blocks here that are

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pretty plagued with that so uh with that um i would like to have my client adopt my testimony

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and then i'll answer questions alfonso can you raise your hand

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hi chair alfonso zimmerman we've asked him that okay thank you all right

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yep alfonso can you um i guess you need to swear him in correct

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yep Alfonso can you um I guess you need to swear him in correct yeah could you

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please state your name and spell for the stenographer

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Alfonso Zimmerman a-l-p-h-o-n-s-o-z-i-m-m-e-r-m-a-n do you swear or affirm that

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tell the truth the whole truth nothing but the truth yes could you turn your

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video on I'm trying to see where that I don't want to see more us okay joins

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this panel all right there you go please proceed counsel um mr zimmerman did you hear my testimony

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here today and believe it to be truthful and accurate yes i did and would you adopt it as

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your own yes all right thank you and then i guess now we're just going to answer the board questions

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Oh, can you just testify that you are the member of the LLC that owns this property and you're authorized to talk on its behalf, correct?

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Yes, yes, I am.

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And you are a local resident, correct?

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Yes.

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Yes, yes.

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Yep.

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So, Jennifer, this was historically a single family home?

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It was.

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It hasn't been occupied.

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The neighbors indicated since the 80s or 90s, however.

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He started doing the work on it, was converting it to a duplex, and then L&I stopped?

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Correct.

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He had a permit to do some work and then exceeded the permit and then has to come back now.

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Questions from the board.

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Yes, I have a question about the basement.

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Could you talk about how it's going to be used?

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Yes, it's just going to be storage.

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There is, let me get to the front, there is access for both tenants.

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to access the storage area in the basement in the front of the building um there's no living at all

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um that's not going to be a residential use that's i just want to confirm that because you did show

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a partition wall and a bathroom on the floor plans and we would be happy to have um a proviso

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explicitly saying that there would be no basement living and then is how do you get to the rear

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yard sure it's in um it's a corner property so let's just show get let me just get over to

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that um it's just there's a fence in the back and there's a gate in the fence

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there's no longer a door from the rear of the property into the rear yard there is there's

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also a door to the roof from the rear that wasn't shown on the plan so i'm just curious which how

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like do both units have access to that rear door yeah so the rear door from the building will only

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be for the first floor unit but the second floor unit will have access to that space it's not a

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private space for that first floor unit so it'll be accessed by both um units the second unit will

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have through this gate in the fence we'll have access and that rear so that rear access is that

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through that bedroom as you showed on the plan it would be in the rear bedroom correct okay

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just because it wasn't it was not reflected on the sponsor what were you going to say

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no actually that that vac has been cut so everybody has access through the on the side

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where everybody else go access it on the on the side gate okay everyone has there's no

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you did remove that door the plan is correct yeah yeah i apologize my misunderstanding of

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i get the case is confused sometimes i really truly apologize yes oh yeah there's no door in

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the back sorry about that there's there's no door there anymore okay just wanted to make sure and

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then can we talk about uh like the work you've done that was outside of the lni scope yes

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so can you just explain a little bit about what you had applied for

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and then what you were what you have done i think is what they're asking for right now okay so like

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i said i was planning to um again when i first bought i didn't know it was this big um so then

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when I realized like it was got a lot of space that was just just too much uh so I did break it

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down to the duplex um I'm the contractor I did all the work for myself and um so when I realized

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that I went to go get to the um the permits the prior permits which they were allowing me at first

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but then when they realized I got to go through the zone in first day I guess they stopped it

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after that first uh easy permit that I tried to go get um so then they told me well I got to go

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the zone in to basically move forward with their the permits and everything after you got that

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first stop work order though it looks like you continued work for like almost it's almost been

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a year now since you got a stop work order well it's been it's been sitting for over it's been

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sitting over i've been done that project for at least eight months seven eight months so after

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they gave you a stop work order did you do any other work what work did you do after the stop

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work order uh probably more so cleaning up because because by time he put the stop work order it was

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uh probably more so cleaning up because by the time they put the stop work order it was it was

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it was pretty much

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pretty much done it was so it was on some cleaning up any structural work electrical work plumbing

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work or anything like that after after the stop work order no nothing nothing major no just as far

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as cleaning out cleaning up the place yeah getting everything in and out of the thing out of the

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place and the separate meters have already been installed yeah they were all utilities yes they

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were already installed before

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work stop all that

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okay

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would you be opposed to a CO

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just because technically

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L&I should not have inspected

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any of the plumbing

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any of the electrical that you did for the second unit

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because once it's separately metered

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that's when it should have

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that's when they would have caught it

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and so they wouldn't have

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reviewed it with this

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they would not have reviewed it as a multifamily

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so are you opposed to a CO

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no because he knows he's going to have to get the additional permits anyway that we discussed this

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that he understands that where he's going to have to go back and get you know retroactively the

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correct building permits plumbing permits and the new co for the two unit building so

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i just want to make sure alfonso we talked about that and you do agree

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any other questions yeah can you clarify for me how was the first floor unit um getting out are

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they have another egress with the basement because you closed the back door so there's no back door

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so how are they getting there's windows in the back um there's windows on the back there's

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windows on the side there's windows on the front so there's numerous uh if we go to the plans you

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can see there's numerous ways for that unit to get out okay and then the other question is so

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do they have access to the basement from the interior no okay thank you those first floor

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our windows are egress windows you install egress windows no no they're just windows

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yeah they're just windows so then that's that's not a way out i just wanted to point that out

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well it got to be a standard size and the size is standard enough for us i'm aware but there's

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a specific type of window that you have to have that's also for egress so you do have to install

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a specific egress window and that is not i do believe that would come up in part of the permitting

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and CO process. And if those windows needed to be changed, they absolutely would be to

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meet FHIR code regulations. So that's part of, I understand

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what you're getting at, that, yeah, that's why we're going to get the permits.

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That's why we need the extra CO. And if that needs to get changed

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per building code, it would get changed.

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Yeah, you have to have ingress and egress.

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Duplex, but I say triplex. Am I reading

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something wrong here? The application is for two units.

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okay but you've laid out three units and you've got four meters which you mean you've got a panel

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for each one of the units including the basement and an extra panel for the landlord so that's

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three units and at this point we are applying for two and we will be willing to stipulate that there

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should be no living at all in that basement and it could only be used for storage and not

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used as a third unit because that's not in part of the application right now okay

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Questions from our attorney.

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I just wanted to note that we did receive a letter of support from the Allegheny West Civic Association, RCO.

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Thank you, Charles Richardson, for forwarding that to us.

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Questions or comments from the audience or the virtual audience?

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Hi, Chair. We have Charles Richardson with their hand raised.

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Good afternoon, Mr. Richardson. You've already been sworn, sir.

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good afternoon again board uh councilwoman bass has no opposition to granting the variance

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thank you very much sir we appreciate your call anyone else in the audience

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i see no further hands at this time planning commission

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madison matera planning commission staff the comprehensive plan recommends no change to the

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RSA 5 residential single family zoning at this location. The city rezoned this neighborhood in

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2006 in a city or a council supported map change. There is no unique physical condition or

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circumstance of this property that would prevent it from being used in strict conformity with the

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zoning code. The appellant appears to have done work without the proper permits. The city planning

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commission recommends that the board deny the proposed use variance for two dwelling units.

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So MI2025, 004-009, 3301 North 22nd Street. I vote yes, with provisos. Maximum two units,

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certificate of occupancy to be obtained. Michael Johnson. Wait, are we adding no household living

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in the basement? Yes. Oh, okay. Yes. No household living in the basement.

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Can I just add that Hillary

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and do it again? All right. No household

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living in basement.

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Michael Johns, my vote is yes with

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provisos. Cheryl

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Gaston, my vote is yes with provisos.

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Tannetta Graham, my vote is

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yes with provisos.

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My vote is yes with provisos.

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Thank you so much.

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Thank you, counsel.

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Thanks.

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thank you number 16 mi 2025 004 496 1019 wall street augusta o'neill is the attorney this is

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a resumptive hearing this is also a land bank owned property michael johns has recused himself

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from the hearing shared they've been promoted to panels good afternoon

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oh there we go hi good afternoon could you please state your name and spell for the sonographer

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Sure. My first name is Augusta, A-U-G-U-S-T-A. Excuse me. My last name is O'Neill, which is O-N-E-I-L-L.

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

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I do.

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So this is—

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And I also had to say congratulations on the new appointments to our new secretary and vice chair.

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Okay. Thank you.

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so this is a resumptive hearing and this is the updates we have letter of support from the 14th

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community organization the vote was nine in support including four near neighbors one in

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opposition one in non-opposition received proof of posting and a letter of non-opposition from

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council member young now we would take any update that you have for us so the last time that we were

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in front of the board the rco had had an issue that didn't allow them to have a meeting with

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my client prior to the hearing and so we had asked that the board do it a hear and hold so

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we presented our full case back on september 10th um and as you just recited mr chair we do now have

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the support of the rco and a letter of non-opposition from the councilman

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um so we would ask that the board please vote on it at this time okay thank you um

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any questions or comments from the board

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questions or comments from our attorney

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

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there are no hands raised at this time

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planning commission already took a position am I correct

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