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Hearing video

ZBA Hearing - October 2, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 2, 20245h 55m

Tech, that's who it is.

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Hey, recording has started.

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It has started locally, though.

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We have some issues to resolve.

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It just popped up, but it is recording.

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Thank you.

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Okay, Chair, we have 35 attendees.

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you can proceed as you wish. Thank you. Good morning everyone. My name is Bill Bergman and

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I will be chairing the ZBA hearings this morning. With me is our Vice Chair Ismail Shahid. Present

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Mr. Chairman. Our Board Member Cheryl L. Gaston. Present Mr. Chairman. Our Board Member Tanetta

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Graham. Present Mr. Chairman. Our Board Member Michael Johns. Present Mr. Chairman. And our

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Also present is our attorney, Hilliard Emerson, and Catherine Grady, the Deputy Director for Planning and Zone.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting ZBAExecutiveDirector at phil.gov.

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For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question box on the screen is not for testimony.

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All comments or testimony should be directed to our deputy director for planning and zoning.

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Here's our, let's look at our schedule for this morning.

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Number eight.

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M.I. 2024-003-045-6427 North 13th Street.

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That case is continued.

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Number 11.

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M.I. 2024-003-240-422 Morris Street.

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Roger Perry is the attorney.

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I understand there may be a request for contingents.

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Mr. Perry.

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Good morning, Chair.

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This is Yvette Benton.

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I'll be your co-host for the day.

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Roger Perry, please unmute yourself and wait for the chair.

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Okay, hopefully I'm unmuted.

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You are, sir.

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Mr. Perry, could you please state your name and spell for the court stenographer?

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Thank you.

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My name is Roger Perry, P-E-R-R-Y, and I'm representing the owner and applicant for 422 Moore Street.

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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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Mr. Perry, I understand there may be a request for continuance.

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Am I correct?

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Well, let me tell you what happened in short.

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It was a request by John Disley through Councilman Squilla's office.

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We had two RCO meetings, just for the record, but there was no authorized representative

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from Dickinson Square West.

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So they contacted me yesterday and asked if they could proceed with a continuance or ask for a continuance.

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And, of course, in conjunction with the councilman's office and Mr. Disley, we're not going to oppose that.

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So that should be it to you.

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All right. Thank you very much.

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So MI 2024-003-240-422 Morris Street, that case is continued.

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Thank you, Mr. Perry.

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Thank you.

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Number 13, MI 2024-003-268-3501 G Street.

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That case is continued.

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And number 16, MI 2024-003-373-532 West Ellett Street.

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That case is continued.

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Are there any other requests for continuance?

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Chair, we have Steve Masters. Steve Masters, please unmute yourself and wait for the chair.

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Good morning, Mr. Masters.

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Good morning, Mr. Chair.

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Could you please state your name and spell for the court stenographer?

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Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S.

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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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Mr. Masters, are you calling about 7121 Yocum Street?

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yes i am so mr masters this is the third listing would you give us please an update

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Yes, I am.

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So, Mr. Masters, this is the third listing.

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Would you give us, please, an update?

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of where we stand with this absolutely um and um i apologize for the delay but um i submitted a

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written update um a few minutes ago to um board council and to the director so this um we we were

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brought into this case um last uh this past february and um then immediately requested

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that the board give us leave to amend this application back at L&I.

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This is a property that since the mid-1950s has been zoned,

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has been authorized through a variance for the exact uses that our client wants.

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But for a reason that we believe was a mistaken reason,

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L&I thought that this use had been abandoned,

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And so they denied his application to continue the uses that have been around for basically 70 years.

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We have now located two witnesses who are prepared to create affidavits to demonstrate that the use has not been abandoned.

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going back to the 1990s. And unfortunately, it took us a while, Mr. Chair, to locate those people

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because we wanted to be able to have testimony with affidavits that went back to the time that

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was recognized as the legitimate time by L&I. So this case was an attorney moving party. So we were

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somewhat surprised that it was put back onto the calendar list. But we're requesting

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a brief um to to go back to attorney moving party briefly so that we can present these affidavits

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and we believe ellen i will grant um the use permit uh by right thank you very much so mi

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2023 001 945 7128 yokum street cases continue to turn a moving party thank you very much

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Thank you so much.

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Number two, MI 2023-0036.

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Yes.

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I'm sorry to interrupt you.

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Joseph Vaccaro has his hand up.

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Sure.

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Mr. Vaccaro, please unmute yourself and wait for the chair.

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Hey, Mr. Vaccaro.

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Can you hear me?

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I can, sir.

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Could you please state your name and spell for this phonographer?

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Yes, good morning. My name is Joseph Vaccaro, and I'm V-A-C-C-A-R-O.

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Where are firm to tell the truth, the whole truth, nothing but the truth, sir?

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Yes.

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Could you tell me what case you're interested in?

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20 Jackson Street?

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One minute.

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Okay, so we have no exhibits. That's their first listing.

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That's one of the reasons that this matter needs to be relisted.

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And I'm in the process of also being retained by the applicant.

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So by the next time, we should be ready to proceed.

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Thank you.

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So is the Whitman Council representatives on the line?

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anyone from whitman council if you're in the virtual audience please raise your hand

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i see no hands share thank you so mi20 24 002 966 20 jackson street that case is continued

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thank you mr vaccaro thank you have a good day mr burwood right number two mi20 23 003 681

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147 West Luray Street, BF Homes, LLC, listed applicant, Bromley French is the listed owner.

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Bromley French, if you're in the virtual audience, please raise your hand.

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I see no hands, Chair.

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well thank you so uh mi 2023 003 681 147 west de ray street um this is the third listing we

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still have no exhibits i vote to dismiss johns my vote is to dismiss cheryl gaston my vote is to

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dismiss. Tanetta Graham, my vote is to dismiss.

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My vote is to dismiss.

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My vote is to dismiss.

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Thank you. So, number 10, MI 2024-003-179-815 Crispin Street. We have an email requesting

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a withdrawal. We do not have a signed letter. This is the first listing.

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Jose Bernard, there you know, is the listed owner.

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Jose Bernadino is the listen owner.

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Is it Met Ballot?

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Ismet Bala and Bukhary Dosky are the listed owners.

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Is anyone in the audience here?

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So, MI 2024-003-179-815 Crispin Street.

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This case is continued.

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Mark must be heard. Thank you. And then we're going to go to our first list, what will be number, number, number, our first case, number six, MI 2024-002-967-2081 East Ann Street. Tyler Hunt is the owner applicant.

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Tyler Hunt, please raise your virtual hand.

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He's coming back and there's a panelist now, Chair.

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Thank you.

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Hello?

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Excuse me, Mr. Chair, did we want to go to the ad?

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I know.

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I'm going to hear this and I'll go right back to the ad.

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Okay, thank you.

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Sure, I got it.

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Mr. Hunt?

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Yes.

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Good morning.

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

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my name is tyler hunt t-y-l-e-r h-u-n-t you swear or firm to tell the truth the whole truth

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nothing but the truth yes um could you please turn your video on yes sir

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thank you this application is for use as a multifamily household living

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three dwelling units in an existing structure. The proposed use multiple family household living

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is prohibited in the RSA 5 zoning district. We have a letter of unanimous support from Somerset

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Neighbors and non-opposition from Council Member Squiller. Our Vice Chair has a few questions for

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you, sir. Yes, sir. Good morning, sir. Have you emailed in all the required documents and exhibits

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that's needed to proceed with this case five days in advance of this hearing? Good morning. Yes, I

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thank you sir please proceed and share your screen

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second

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see the green button on the bottom uh yep i'm doing it right now

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all right can you guys see yeah we can sir all right

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um yeah so today i'm just here for the property located at 2081 east and street uh oops

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Yeah, so I'm here for 2081 East Ann Street.

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And just a quick background about the property.

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I purchased the property in 2021 as my primary residence.

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It's a three-unit property.

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I lived in the third floor unit.

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The property is currently zoned as a single-family use at the moment.

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It was originally built as a three-unit multifamily, but it got rezoned, I believe, back in 2017.

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The application that was submitted is just for a change of use.

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There's no work being done to the property.

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I'm not making any modifications or changes to the property.

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Everything is going to stay as is.

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I just want to change the use.

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It is currently rented.

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low-income housing at the moment. I do have an active renter's

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license. And since I've purchased the property, I've never

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had any violations from Illinois or anything like that.

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So here are some exterior pictures

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of the property. It's a large property that sits right on the corner

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of Andrews and Ann Street.

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The point's not moving for us.

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What was that?

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Your power.

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The sideshow.

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You got to move on.

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We're not seeing the sideshow, sir.

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All right.

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Oh, wait a second.

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Can you see it now?

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Here you go.

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Here you go.

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Yeah, so this is an outside picture of the property.

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Like I said, it's located on the corner.

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It's a large property.

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It sits right on the corner of Amber and Ann Street.

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So here's a rear view of the property. It has a yard in the back for the first floor tenant. And this is the interior entrance as soon as you walk inside of the property. I keep the property fairly clean. I have my maintenance guys go over there at least twice a week to make sure everything is clean over there.

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So here's a rear view of the property.

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It has a yard in the back for the first floor.

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here's a picture of the first studio

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it's a studio unit, just has a bathroom

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a kitchen and small closet space

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currently rented out $750 a month to a mother and her child right now

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