civus
Hearing video

ZBA Hearing - March 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 12, 20255h 59m

Questions from the board.

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I have a quick question. So the reduction in the units, does that impact the height of the building and the number of stories?

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Or is it still the same?

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No, Ms. Graham. However, there are setbacks and hopefully the board recalls that we have a very, very wide rights of way. And I had shared with the board on February 12th that the pedestrian experience from the line of sight has a different feel than the upper floors.

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So this would still be the tallest building in and around that area on a particular block, correct?

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Even with the setbacks?

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On that particular block, yes.

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Okay. And the other question is, the current building that's there now would definitely be demolished?

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Yes, ma'am.

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Okay, thank you.

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Okay, I have a question about the revised plans. Have they been shared with the community yet?

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Yes, yes, they have.

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And we, yes.

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And what was the feedback at the meeting?

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We were interested in ongoing discussions and we didn't have a partner in that.

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But we remain open to it into the future, no matter what happens.

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Okay.

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Other questions from the board?

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Question.

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No commercial use on the first floor.

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No commercial use, with the exception of the proposed gym facility, which would be at the ground level.

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I had shared that it's always hard when we have the resumption hearings.

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I had shared that it's always hard when we have the resumption hearings. As to whether that ends up being open to the public or not, that remains a question mark to be fully candid with you, Ms. Gustin.

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Okay. And does this then need a variance for that as well? Because I don't see that as part of the...

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the we need it we don't believe so because this is a cmx2 property we're comfortable that let me

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say it this way to you is it is it cmx2 or cmx2 okay so i believe i believe personal services is

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buy right in cmx too okay all the questions yes council do we thank you i understand trash storage

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indoor trash storage within the parking the indoor parking area with commercial trash pickup on a

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regular basis we really view that mr shahid as a synergy of uh interest with the uh neighbors

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thank you other questions i have one more question um i know the councilman revised his letter he's

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still in opposition, and it originally had said that if there was a community meeting that they

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would possibly consider changing their mind. Did you get a sense at that meeting why the

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councilman's office is still in opposition? This particular case goes back to former city

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council president Daryl Clark, with whom we had worked quite closely, and with Mary Jones of his

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office i think in part uh this project having gone on uh over so long has uh has created um

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has not been helpful necessarily but no i don't have further uh insights i really view it uh as

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a district council member um recognizing uh the coordinating rco's position but uh they were not

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present. And again, Alan and Jordan, as their reputation attests, they want to be welcomed

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into their neighborhoods. They want to work with people. And so sometimes people disagree and then

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realize that it makes sense to work together moving forward. So Ms. Wynn, I think it makes

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complete sense for olive branches to be extended and to continue to work, hopefully with this

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board's blessing and moving forward on what

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we think will be a positive transformation.

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Questions from our

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attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the

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audience or the virtual audience?

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There are no hands up, Chair.

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Planning Commission.

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Amy Boyd with the

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Planning Commission. The comprehensive

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plan recommends no change to the CMX2

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commercial mixed-use zoning at this location the proposal completed civic design review in november

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i'm sorry december 2023 the civic design review committee's advisory recommendations are not an

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expression of the city planning commission's recommendations or opinion regarding the zoning

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variances or special exceptions or other discretionary approvals associated with this

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proposal we also note for the board that absent participation in city state or federal program

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a city zoning initiative affordability mentioned in the appellant's testimony cannot be enforced

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by any city agencies there are no unique physical circumstances or conditions of the property

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that would prevent it from being used in strict conforming with the zoning code

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for dwelling unit count occupied area and height since bicycle spaces have been added the appellant

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appears to have cured this refusal the planning commission recommends that the board deny the

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requested variances for maximum number of dwelling units maximum occupied area and maximum height

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thank you um council we're going to take this to our executive session next wednesday we

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will vote at 9 30 a.m next wednesday okay thank you mr chairman thank you the board

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my apologies for the battery i have to work harder

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number number 15 mi 2024 006 696 1224 r east columbia avenue william o'brien is the attorney

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there's a letter of opposition from council member young and a letter of opposition from

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Fishtown neighbors.

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Good morning,

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counsel.

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Good morning, Mr. Chairman, members of the board.

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If you could indulge me

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two seconds, my

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client is waiting for my text so that he can join and listen to the testimony okay

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client is waiting for my text

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so that he can join

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and listen to the text.

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thank you

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

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William J. O'Brien, W-I-L-L-I-A-M-O-B-R-I-E-N, 4322 Main Street, Philadelphia, 19127.

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

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I do.

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Could you identify your client, their relationship to this property?

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They might represent Pathfinder Homes, LLC, which purchased 1224 Rear East Columbia Avenue in March of last year.

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James Miloseka, who is the managing member, is joining this hearing now.

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Okay. Our vice chair has just a few questions.

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Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits as needed and required to proceed with this case five days in advance of this hearing?

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Yes. In fact, I reloaded it earlier this morning. There was a request for interior photos, which I supplemented, and I uploaded that supplemented file this morning.

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Thank you. Please proceed.

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Thank you. So this is an application to legalize an existing triplex. The refusal shows one refusal. The district is RSA 5. And as I said, this is an existing triplex.

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The refusal indicates parcel owner as Dowd, Terrence.

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Terrence Dowd was the former owner who sold it to my client in March of 2024.

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I'll come back.

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I have a few comments about the RCO's letter.

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That's the next item in the package.

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Their position is opposed.

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The first page of their letter gives some reasons, which I'll go into briefly in a moment.

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And then their vote is tabulated.

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Just quickly, I'll note that there were 32 persons present.

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Only 14 voted in opposition.

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So it certainly wasn't a majority of those present that voted opposed.

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The next item is a petition that I passed around the neighborhood, well, in the immediate neighborhood, on Monday, a week ago Monday, and last Friday.

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I spent two different times of the day on Monday and Friday to try to catch people.

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And nobody turned me down.

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There was one person who wanted to consult their spouse, but mostly it was the, there were houses

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that were just not, nobody was home. But with the one exception of the person who wanted to consult

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their spouse, each person who did answer the door signed the petition, including, I'll note,

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But the fourth line, Emily, looks like Beamer, is the house 1224 East Columbia, which is the house that's front on Columbia.

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This is the rear building that we're here for today.

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I have some photographs.

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Maybe you got to shrink that.

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Yeah.

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Is that better?

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Yeah.

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Okay.

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So that is 124, the one I just mentioned, Emily, who's the tenant.

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She doesn't own it.

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She signed the petition.

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And then you see to the right the covered alleyway.

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The next picture is a close-up of that gate, and it has the zoning poster on it and a mailbox as well.

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The next photograph shows that covered alley heading back to the rear building.

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this is a photograph of that three-story rear building on the left

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and these are the staircase this is the staircase the second floor second floor landing and third

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floor landing a photograph standing on the second floor landing looking down towards

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Columbia Avenue you can see in the distance the daylight at the end of the alley covered alley

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The stairs are steel.

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This is from the third floor landing.

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That building in the foreground there is a 15-unit building,

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a 15 unit building and there are duplexes and triplexes in the neighborhood

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and there are duplexes and triplexes in the neighborhood.

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these are three photographs showing interior conditions of the apartment i didn't take them

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i received these from the project architect uh who who sent them to me earlier today

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the first two pictures appear to be the living space basically configured and you'll see the

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zoning plan in a second uh they're configured as efficiencies uh bathroom and then a living

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space that includes a kitchen and a bedroom. And the third photograph is the bedroom.

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As I mentioned, the property was sold to the appellant in March of 24. This is an affidavit

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of the former owner, Terrence Dowd, that is dated the same day as the deed, which is part of this

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package and it states statement of use 1224 rear east columbia avenue philadelphia

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1224 rear east columbia avenue philadelphia property was purchased on december 19th 2005

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by the undersigned affiant affiant turnstout at that time the property was configured as a three

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with three dwelling units since december 2005 the property's three apartments have not been

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occupied have been occupied at no time has the three unit configuration of the property been

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modified or altered today the property is being sold to pathfinder homes llc the undersigned has

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no knowledge of the date that the three unit use and configuration of the property began further

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the undersigned makes no representation as to the legal status of the property's conforming

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non-conforming multi-family use and occupancy the foregoing statements are true and correct

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to the best of my knowledge, information, and belief. I understand that false statements

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are made subject to the penalty set forth in Pennsylvania Code regarding unsworn falsifications

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to authorities. It is signed by Mr. Dowd, and it is notarized. This next document is the

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floor plan and site plan. Let me try to focus first on the site plan a little bit.

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how's that okay so you can see to the right is columbia avenue to 1224 east columbia which

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we saw in the first photograph is in the front and then separate there's a very small rear yard

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and then there's a separate completely separate parcel which is 1224 rear east columbia the floor

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plans

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are identical

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the

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plumbing is stacked

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for each bathroom

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the plumbing is stacked for each kitchen

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you see the staircase

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coming up to the second floor

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and from the second floor to the third

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floor

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with the landing at the second and the third floor.

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The next document is the Office of Property Assessment record,

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which indicates that the property...

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So here it is, 1224 Rear East Columbia Avenue.

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and it indicates that it was built in 1915 we don't know when the three-family use was configured

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however the project architect is who was inside the building and can testify as to what he saw

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has an opinion as to how it was built in the first place

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finally the deed and some other documents that are required and are indicated in my index

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I want to go back briefly to the RCO letter and point out a couple of things.

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So community members are concerned with the following elements.

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um this first element is concerned that if the variance is granted and the process to get a

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uh rental license requires a certificate of occupancy uh to make sure that the house the

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units are safe there was concern that that may result in displacing the tenants um there's no

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intention to displace the tenants the leases are from mr dowd they extend into 19 in 2026 there's

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no intention of displacing them. The units are small. They're about 500 square feet. If an

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additional layer of drywall is needed on a ceiling, that can be done. It wouldn't be any

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more invasive than painting an apartment. And that can be done over a couple of days

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by moving some personal property. Again, it's not really a zoning issue.

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by moving some personal property. Again, it's not really a zoning issue. The second item is

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lack of fencing and the concern with increased occupancy. I think there was some confusion at

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the RCO meeting that some people thought we were looking to change this from single family to

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triplex. We're trying to keep the status quo, but make it legal. So there is no increase.

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And then Mr. Karakoff will also mention that there was a concern that there was no internal stairs. Mr. Karakoff observed the same condition. There are no internal stairs. This was never built as a single family home.

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There was one set of staircase, the outside, to access each separate unit.

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And then, as I mentioned, the vote, 32 persons were considered verified and eligible to vote.

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Only 14 of them voted opposed.

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So you can have a difference of opinion as to whether the RCO really is opposed to it or maybe not.

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And as I said earlier, there was a petition signed and nobody refused to sign it of the near neighbors that I went to.

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I'd ask Mr. Karakoff to raise his hand.

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Mr. Karakoff has been promoted.

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Sir, could you please state your name as spelled for the stenographer?

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can everyone hear me yes i can could you please state your name and spell for the sonographer

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yes my name is uh christopher karakoff his name c-a-r-i-c-k-h-o-f-f you swear or affirm to tell

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