civus
Hearing video

ZBA Hearing - October 2, 2024

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

A

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So the idea is to renovate this into a duplex and so forth for two-family use.

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It would allow two bedrooms on the first floor and up to three bedrooms on the second and third floor.

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Because of the nature of this particular block, you'll see here it is here, immediately adjacent properties are duplex.

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Across the street is duplex.

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So he feels that in terms of the large size of this property, it was an old house, very large, that it would be more accommodating to have a rental unit as two, as opposed to trying to completely renovate this as a single family.

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It does have very large open area for two families in the rear in terms of yard space.

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That's the duplex.

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That's another duplex.

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This is immediately adjacent.

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This is 4620, also a legal duplex.

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And as I noted, it has a very large yard, 4620, so it would be more than adequate space for two families to utilize.

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also allows for trash storage there or in the basement and so forth so what we're asking is

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an accommodation even though this is in a single family district we're asking that the owner be

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allowed to renovate this into two units similar to the adjacent property and similar to the property

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across the street which are also multi-family that's these here thank you mr perry mr perry

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What happened at the RCO meeting?

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The RCO meeting, the county no longer operated as an RCO, so the city council office held the meeting and so forth.

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You'll see there was a split vote if he filed it.

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I don't know if I have it.

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It says here 16 opposed.

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No, I think it was six.

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Zero for support and seven non-opposed.

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Okay, seven non-opposed.

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Okay. Out of the seven non-opposed, they said that they would support it because of the renovation and so forth. I don't know, you know, exactly why, you know, why the people, the people who spoke up just said that, you know, they would prefer that it be single family, but there's only a couple people and three people spoke it up and said they supported, but they were listed as, you know, non-opposition and a final note from city council's office and so forth.

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I think this property is conducive if it's going to be renovated to two units, just like these units and so forth, because it is a very large property and because it does have a lot of open space.

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And it would be difficult to try to sell a very large single family or even rent it where the adjacent properties and all the properties across the street are multifamily such as these.

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This is across the street and this is across the street.

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You know, I understand, you know, I'm sympathetic with the fact that people would like to restore, you know, single family uses, but in a particular area, it may be problematical. So the particular developer owner here is an individual, and he's very serious about getting it renovated in new condition and so forth. But in order to be feasible, he would really like to have two rental units.

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Questions from the board?

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do we have any idea of prior uses for this property is anything other than a single family

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uh well it was it was vacant for years i'm not sure i'm trying to look and see what the zoning

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was no i think there was an addition that was added there's a large addition on the back of

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the house uh on the photo on that uh but other than the addition i don't know that it's been

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yeah this was an addition that was added on at the rear of the house so the first floor where

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there would be two bedrooms has a build out already so that would be a fairly large unit

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and then there's a half third floor on the second and third floor you see them here you know third

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floor second floor and then a half third floor would allow you know two bedrooms at least on

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each of the two units and I don't know whether there's anything other than you know the build

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out thank you questions from the board

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questions or comments from our attorney um uh just a quick question mr perry is there any

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parking at this property no it's all street parking okay all right i just wanted to note

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for the record that because the property's owned rsa3 technically two accessory off-street parking

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spaces would be required but it looks like that was a missed refusal so I

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But it looks like that was a missed refusal.

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So I just wanted to note that.

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just wanted to note

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Okay, I don't think it was a refusal, but I don't think.

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Yes.

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So I was just noting that for the record.

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Thank you.

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Okay, thank you.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good morning.

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David Fecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the RSA-3.

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residential single-family zoning at this location. There is no unique physical

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condition or circumstance of this property that would prevent it from

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being used in conformance with the zoning code. However, the proposed two

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dwelling units matches the character of this block face. So the City Planning

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Commission recommends the board grant the proposed use variants for two

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dwelling units, and if an amended refusal is issued, we'd also recommend support

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for the parking variance as well.

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Can I ask a quick question?

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So the issue of the parking was missed.

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What does that mean?

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So I was noting it for the record.

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It is my understanding in talking with counsel for L&I

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that if a refusal is missed

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and the application is otherwise, you know,

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proved by the zoning board,

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then that refusal is included um as well but i just was noting it for the record so that it was

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you know explicitly noted and clear that excuse me that if we were um approving this application

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we'd be approving the variance for the parking as well okay thank you that's what i wanted

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MI 2024-003-133-4622 Dishon Street, I vote yes.

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Michael Johns, my vote is yes.

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Joe Gaston, my vote is yes.

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Sonata Graham, my vote is yes.

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Ayah Wynn, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Number 11, we've already continued.

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Okay, so number 12, MI 2024-003-242-405 South 17th Street.

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Brandon Sabrin is the attorney.

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There's a letter of opposition from the Center City Residents Association, and council president has not taken a position on this.

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Council Saverin.

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He's coming back in as a panel chair.

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Thank you.

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Good morning, Mr. Chairman. I really apologize. There was a big delay when I was promoted to

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panelists there. Okay. All right. Could you please state your name and spell for the courts

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in Hartford? Yes. My name is Brandon Saverin. Let me turn on my video here. Spell B-R-A-N-D-O-N

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And then S is in Sam, A, V as in Victor, R, A, N as in Nancy.

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Affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Could you identify your client in relationship to the property?

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Yes.

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My clients are a married couple that owns this property.

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Their names are Heather and Joseph DeGranse.

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Our vice chair has a few questions.

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Good morning, counsel.

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Do you agree to either read another refusal or stipulate to a tax receipt?

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yes i do mr vice chair have you emailed in all the required documents and exhibits that's needed

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to proceed with this case five days in advance of this hearing yes i did thank you council please

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proceed and share your screen okay thank you okay chair okay thank you um okay um the refusal should

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now be shown let me know if you uh can't see it for any reason um so uh good morning members

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of the board um brandon there's nothing up there's there's nothing up like screen

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really okay give me one moment let me try and remedy that hold on

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Can you open your documents first?

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Okay.

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Can you see this?

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Hold on.

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One minute.

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One minute.

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No, it's gone to a blank screen.

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Okay.

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Let me try one more thing here.

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Can you see that now?

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should be my table of contents uh we see a hand like it that's that

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yeah that's what there's nothing there there's nothing there okay um why don't we why don't we

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do this why don't we move on to the next one and i have two more and then i'll call you at the very

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end okay okay okay thank you very much i apologize absolutely okay number 14 mi 2024

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4-003-270-3220 Germantown Avenue. David Schafkowitz is the attorney. There's a letter

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of unanimous support from Nicetown Tioga Improvement Team RCO. David Schafkowitz is

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coming back in as a panelist now chair good morning council could you please state your

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name and spell for the court sonographer good morning mr chair uh first name is david last

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name shafkowitz is s-h-a-f as in frank k-o-w-i-t-z right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth? I do. But do you identify your client and

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relationship to the property? My client is Business Advance LLC, which is the owner of

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the property. Andre Ainsworth is the sole member of that company, and he is with us today also.

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Do you stipulate to the reading of the refusal and agree with its accuracy?

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We do. I'm able to start your presentation.

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I'm going to see if I can make this work.

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There we go.

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Can everybody see?

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Well, good morning, everybody, and thank you for having me.

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My name is David Schaff, which, as I had mentioned,

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I'm here on behalf of Business Advance LLC and Andre Hainsworth

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with regard to the parcel property known as 3220 Germantown Ave.,

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which is currently a vacant lot in the area depicted on this plan.

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If you may, it's on Germantown Avenue.

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um surrounded by uh west hilton street and west allegheny um property is approximately 1337 square

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feet it's located in the city cmx 2 zoning district and is within the nice town tioga rco

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which as you had mentioned had reviewed the application and expressed its unanimous support

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the property as noted is currently vacant the applicant is proposing a three-story structure

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It will be a multi-use building consisting of four units, residential and one commercial unit.

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Specifically, and I'll see if I can get to my next exhibit for everybody.

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Sorry.

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The applicant is proposing a residential unit in the basement floor, which would be a two-bedroom.

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First floor would be the commercial use.

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Second and third floor would contain three units total, with the third floor having two one-bedroom units, third floor one two-bedroom unit.

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Do that one more time.

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Go over that one more time.

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So the first floor is a residential unit?

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A basement's a residential unit?

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Basement, residential, first floor, commercial.

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Second floor, two one-bedroom units, and third floor, one two-bedroom unit.

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um this particular applicant or the owner of this property has a relationship with um visiting

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nurses program as well as pha in terms of how it intends to use the units um two of the units will

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be made available to um visiting nurses program for nurses using any of the area hospitals um

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which i understand is pretty common for uh this area for philadelphia obviously and then this

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would allow the other two units, two one-bedroom units, to be offered through PHA as affordable

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units. The first floor, right now we don't have a particular tenant, but it's, as the RCO suggested,

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they would like it to be office, daycare, something that can benefit the community,

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which Mr. Hainsworth would be willing to do. The building that's proposed is relatively

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consistent with the surrounding neighborhood. I'm trying to get one of my exhibits up if I

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Let me see if I can just having my share thing blocking my.

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my share thing blocking my, uh, sorry. Nope. No happened to it. Anyway, what I would want to

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show the board here is a photograph of, um, what is the property next door? Um, this is a property

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that is exactly the same in terms of design as the property being proposed by Mr. Hainsworth

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next door. It is a three-story structure, first basement unit, first floor commercial,

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second and third floor residential.

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It's our intent to mirror this particular structure

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for the vacant lot next door.

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The surrounding neighborhood is filled with a variety

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of commercial uses and residential uses

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and some multifamily.

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As noted, the applicant did attend the RCO,

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had a lively discussion about the project

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and the types of users that we intend

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for this particular use and i think they were listed in the rco's recommendation with certain

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provisos which the applicant has no objection to um i also have mr haynesworth here if he if the

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board was inclined to ask any particular questions about the design or the layout or the housing

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he's intending to provide in accordance with um what's being presented um but in some of the

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questions that we heard in the previous applications mr chair um it would be nine

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feet or greater ceilings in the basement. We do have two egress windows for the basement and

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unit, both for both bedrooms as depicted on the plan. And luckily our door stair location,

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which would be the front door location, will not be blocking those windows. So as you can see in

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this particular photograph of the existing building, our doors would actually be on the

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opposite side and the um egress window would be right here so there'd be no blocking of our

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egress windows um but having said that if the um board has any particular questions of me

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i'm happy to if the board has any particular questions mr heinsworth uh he's available

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why don't you bring your client on to adopt your testimony sure andre are you with us

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Andre Hainsworth please raise your hand Andre Hainsworth please unmute yourself and wait

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for the chair hello good morning hi good morning could you please state your name and spell

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for the quarter stenographer. My name is Andre Hainsworth, A-N-D-R-E, Andre, last name Hainsworth,

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H-A-Y-N-E-S-W-O-R-T-H. You swear or affirm to tell the truth, the whole truth, nothing but the

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truth. Yes. Please proceed, counsel. Thank you, Mr. Chair. Mr. Hainsworth, are you here on behalf

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of Business Advance LLC as its sole member? Yes. And Business Advance LLC is the owner of the

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property which acquired in may of 2024 yes um were you present during the presentation i made

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