civus
Hearing video

ZBA Hearing - October 8, 2025

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

And again, we are open to suggestions.

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again we are open to um suggestions of if four people

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If four people is what we will be approved for,

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that's fine too with it being a four-bearable.

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And again, the stair glide will be installed.

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So if we were to get approved, we made sure the spaces,

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the stairway was open enough, wide enough,

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that a stair glide can be installed.

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So we already did the research and looked

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into installing stair glides.

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question are there steps to get into the property as well yes it is and we also um looked into that

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on the side where the relin is a lift can also be installed if we had if we ever had to have someone

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that was um was not as mobile but i believe it's about is it six steps maybe six steps to get into

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the property. Okay. And then you're saying that there's four bedrooms and the one bathroom

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upstairs? Yes. And is that a full bathroom? Yes, it is. Okay. And which also has been installed

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with grab bars. It's been open wide. And so if someone had a transfer chair at the top of the

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steps the the bathroom on the second floor that's the basement bathroom the second bathroom is the

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wider one if you could go to that picture yeah see how we opened it up to make sure it was wide

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enough so someone can move around in a transfer chair if they needed to and we do have grab bars

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next to the toilet and also into the um in the tub which we will then install we can also install

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a shower bench. But I guess, again, I can't speak for other board members, but I guess my concern

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is about the whole accessibility issue. If you were, no matter how you figure it, if you were

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like downstairs, I'm assuming there's a common area where maybe the residents can gather or

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whatever no matter how you figure it you you've got to go up steps or down steps to get to um

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a bathroom um and then you've got four four people who will be sharing the one bathroom

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up on this uh we're talking six people oh four to six yeah i mean that's a lot of people to share

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just the one bathroom and you know again there's the whole i i i guess i should have asked what

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what kind of age people are we talking about and what kind of mobility issues they may have but

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if you're talking of senior members who may have mobility issues the bathroom situation here is not

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ideal even if you were to put in um a lift uh yeah a lift or the stairs the stair master kind

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of thing you you need to have one that goes upstairs and you need to have one that goes

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downstairs uh for those that might want to you know yes bathrooms i mean it's it's not an ideal

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set up for the age um yes we were yes so the age would be starting at 65 which most are said 65 is

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is pretty mobile um again with us having the experience of having the home care

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services that we do provide most homes most of our clients are in home with stairs um the standard

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two-story homes. And with the stair glides, as you mentioned, yes, we were aware that we will

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need two sets of stair glides. But for one, the main one would be to go upstairs, of course,

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to the bedrooms. And again, we are open to just maybe two housing for, because with it being a

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four bedroom, if four people moved into the home with four bedrooms, it would be the usual of

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sharing a restroom with four residents

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living in a four-bedroom home.

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Ms. Pitch, I want to ask you,

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do you know roughly some of the potential tenants

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or potential residents already?

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And if so, do you know if any of them

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have accessibility issues at this point?

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So, no, all the ones that we have interviewed so far

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are capable of walking up steps.

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um none of them are in wheelchairs um but some may need assistance they may have um just issues

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with needing assistance with some adls uh maybe just medication reminders or things like that

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it's not really a mobile issue is there outdoor space um yes in the rear is there a yard yes

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um yeah in the rear is there a yard yes

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see on my screen yeah so so gabriel just to be sure the letter you showed was not from the rco

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it was from the block yes correct so the rco sent you their report but that letter is just

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people that live on the particular block yes i believe yeah if i misspoke i apologize about that

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yeah so no rco letter no rco letter the rco yeah they did submit a letter of opposition

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this letter

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i will yeah i have one more question i mean i think it's more of a statement i think i want

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to just sort of reiterate what i think other board members have said i think both

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board member johns and board member gaston have both sort of outlined some of the concerns with

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the number of bedrooms i think my question is it sounds like you all did some construction in this

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home is that correct correct miss pedro it sounds like you've done like you've made some updating

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right um and i think i do want to like reiterate the concern that it's a four bedroom house with

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two bathrooms with one of the bathrooms being in the basement i know you sort of said that's what

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it would be if there was a four-bedroom house and it was one family but I think there's like

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two distinct differences there's like one when they're family they're a little more closer and

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they're used to being in close quarters with each other I think for this to have both tenants that

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don't necessarily know each other and employees operating in the same space like this is a lot of

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people to be using a single bathroom but also there's not typically four-bedroom houses with

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only two to you know one bathroom on the functional floor um and then i think you know there's a lot

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of like i understand that the people you're interviewing right now might not have these

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mobility issues but based on the clientele that you're sort of targeting there's no way to be sure

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that that's not going to happen in the future um and i think the question i have is like based on

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the number of bedrooms you have what would be like what could be the max tenants you could have based

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on state regulations is it the four people or is it more because of the two larger bedrooms

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it's more um so six is the max and in the space because of the square footage but again we're not

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opposed to um just having the four if if you guys understand that but we're not allowed to

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make that determination like that's a state regulation so we can't say that um and so i

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I think that's my concern is that six people, that's a lot of people to be using sort of like one bathroom.

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And even the bathroom in the basement isn't really set up for accessibility.

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Stand-up showers and like that's a tight bathroom for people that have sort of mobility challenges.

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And I think that's something that's still concerning from a density standpoint.

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all right questions from our attorney hillary emerson not at this time mr chair questions

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from the virtual audience or comments sure i have a hand up from a donita omer i've got them to speak

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good morning

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donita omer please unmute wait to be sworn in

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good morning good morning could you please state your name and spell for the stenographer

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My name is Donita Omer, D-O-N-I-T-A, last name U-L-M-E-R.

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You swear on a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you turn your video on?

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Is that possible?

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I'm just trying to figure out how to do it.

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I see it on mute.

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Where did the video go?

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Let me promote them.

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They'll be rejoining shortly.

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Sure.

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Thank you very much.

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there you go can you see can you see me now yeah i can i can are you a neighbor

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yes i am i live at 534 north 58th street please proceed with your testimony okay i'm i'm on here

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because the way that this situation, you know, transpired,

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they still to this day have not met with me.

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I'm a neighbor.

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They still, I think, this is my personal feeling,

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that they try to do this and push this through

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because they just thought nobody was going to pay attention

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to what was going on in the property.

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And I'm quite sure my other neighbors on here,

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I've had my hand up because I took off work

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I've had my hand up because I took off work to come to this meeting to join this meeting

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to come to this meeting, to join us.

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virtual.

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And I just don't like the fact that we already have issues with parking on this block.

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And that's because, as you all know, these houses are for a bedroom.

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And when I purchased this house, I purchased this house for it to be a residential property,

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not for businesses.

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like once people move whatever a business that come in to buy the property and turn into whatever

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you know they wanted to turn into to make a profit off of the fact that it's a four bedroom house

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and um and that's why i am opposed to it because we already have you know issues with parking and

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different things on this block and they're saying that you know four to six people you know and

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And like I said, I bought this property, I've been in this house for 30 years as a residential property, not for business.

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All right, Ms. Holmer, thank you very much for taking the time to call us.

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We appreciate it.

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Is there anyone else with a hand up?

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Yes, Josh Cohen, I will promote them.

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Sure.

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Good morning, Chairman Bergman, members of the board.

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I'm Josh Cohen on behalf of Council Member Jones.

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Council Member Jones.

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Hold on, hold on, hold on a minute.

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Could you please spell your name for the stenographer?

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Sure, it's Cohen, C-O-H-E-N.

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

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Yes, sir.

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Please proceed, sir.

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Chairman Bergman and members of the board, Josh Cohen on behalf of Council Member Jones.

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I believe you might have a letter on file, but if you don't, the councilman is in opposition.

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to this application. As for the issues that were outlined by the neighbors on the block and by the

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RCO, we just don't believe this is an appropriate site for a personal care home on a residential

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block. Thank you. Mr. Cohen, thank you for taking the time to call us. Is there anyone else in the

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audience? No further hands, Mr. Chair. Planning Commission. Michael Gall with the Philadelphia

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city planning commission the comprehensive plan recommends no change to the rsa 5 residential

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single family attached zoning at this location the appellant has demonstrated that the proposed

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personal care home would not create impacts more detrimental than what could otherwise be expected

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from other uses on that location city planning commission therefore recommends that the board

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grant or requested special exception for personal care home use with a suggested proviso

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of a maximum of four personal care room residents.

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Thank you.

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MI 2024-007-315-546-North 58th Street, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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Ryan McAdams, my vote is no.

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Iowan, my vote is no.

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Thank you, counsel.

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Thank you all.

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Number five, MI 2024-004-773-4926 North 12th Street, Darlene Treat.

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Good afternoon, Commissioners. Darlene Treat.

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How are we doing with our computer?

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We're doing good. We're ready.

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Good.

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Why don't you proceed?

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Are you able to see my screen?

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It should be.

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It's up now.

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Maybe you might want to make it just a little larger.

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Here we go.

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we have all your documents so you can okay i'm representing miss uh garcia miss garcia is the

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owner of the property she's been living in this residence for approximately 13 years she's an

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empty nester now she filed an application for a two-family dwelling with the zoning board of

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adjustment. Here's a copy of the application for a special exception. It's a copy of the project

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information form. It's a copy of the property information. I show you the property information

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to show you that she's been owning this property since 2013. The property is approximately 2,000

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square feet of living space and it's 22 feet of cross across uh miss garcia here is the deed

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to show when she purchased the property

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here's the tax information to show she actually has a tax

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Here's the tax information to show she actually has a tax credit.

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And here are the plans which I'm going to reduce so we can go through them.

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Basically, we're not asking for any alterations physically to the exterior of this property.

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Ms. Garcia lives in this property alone currently and she's disabled and she has an inability

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to go up and down the staircases so she would really like to make this a two-family dwelling

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where she lives on the first floor and she wants the rest of the property out to a family

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here is a picture of the plans basically this is the basement which they have utilities only

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and there is a restroom currently in the basement the first floor she would like to make an apartment

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it. Let me just move the plant a little bit for you. I'm just going to enlarge this a little bit

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so you can see it a little better. Okay. So this is the first floor of the apartment. You would

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come in through the front here and you would go upstairs here to the apartment that she would

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like to run out so it's by level the first floor is a living room you will go up the stairs on the

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second floor there's a bedroom in the front there's a dining area in the middle and there

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is a kitchen in the rear of the building you can walk upstairs to the third floor

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through the stairs here and you'll see there's actually two bedrooms and a bathroom on the

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third floor. Basically, she liked to make a duplex here where she would occupy the residence on the

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first floor only. Again, Ms. Garcia is disabled. She's actually collecting disability and she

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cannot traverse all the levels of her house. So she is suggesting that she's able to make

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a one bedroom apartment for herself on the first floor here and that she's able to want the other

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floors as a one bedroom apartment to a family i'm going to slide down a little bit more now

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here is just i'm going to reduce it a little bit of elevation of the property to show you

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what the property looks like that's the front of the property and this is the rear of the property

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and here are the height depths. Mrs. Garcia would actually enter her own one family through the rear

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