civus
Hearing video

ZBA Hearing - January 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 27, 20215h 43m

Yes. Okay. I swear and affirm again. Okay, you may proceed. Thank you. Members of the board,

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I'm going to share my screen for you. We are here to discuss the property at 200 West Duncannon

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Avenue. The property is located at the corner of West Duncannon and North 2nd Street. I'm

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here on behalf of the owner applicant maria diaz who is a member of 200 jjs lounge inc

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record owner of the property the property has been refused uh for use as a rooming house uh for

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it's in an rsa5 district um uh i will state this is a fairly old application dating back from the

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end of 2019 that was postponed for various reasons due to covid um but uh so technically

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my client made the application herself technically this is also a legalization

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the meeting I will state that the meeting did hold with the RCO back at the end of 2019 however

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the conditions presented to the RCO at that time have not changed we did receive a letter of

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support for them which I'll show you as they had some conditions or provisos and notable

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information you know about the conditions of the property at the time the first floor of the

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property is actually already legally used for commercial purpose it is a rest of a bar lounge

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um 200 jj's lounge uh that's been operating for quite some time um

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200 jj's lounge that's been operating for quite

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the refusal is already stipulated to geographical orientation of the property at the corner here

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one of the refusals was also for parking but i think it's notable that because we have this

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whole corner and you'll see in some of the pictures uh there is some ample parking in

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the area and we don't anticipate that the that the residents are are basically taking up any

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significant space with parking. From a satellite standpoint, you can see that they have the

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frontage all along the corner here as well, although parking spaces aren't strictly provided.

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Here is a photo of the property, maybe recognizable to some people as it's quite distinctive in color

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for people driving by. And this is the rear of the property, which will show why this rear

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balcony is somewhat important and just for note at this point there is commercial trash pickup that

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would be for any resident or residents along with the commercial use on the first floor

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again this is located in an rsa5 district but has already has the approved first floor use

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interior of the property we have a few photos to show stairwell going up and i'll do it this way

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the hallways, one main hallway, which then leads to most of the rooms on the side.

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There are smoke detectors and fire extinguishers that we had in place and that remain in place

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and that the RCO wanted to make sure did remain in place.

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Each room is approximately 10 by 12, roughly.

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You can see that the individuals, again, this is a legalization, so they are already living

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in the space um albeit the the client when she filled out the application herself didn't know

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the terminology to place that um and again here's the rear of the property

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and more evidence of the posters and the fire safety a copy of the deed and i'll jump to real

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quick, we did continuously update tax clearance certificates. This one was issued within the last

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week. But what I think is most notable is when the meeting with the RCO occurred, and again,

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there's been no change in circumstance or condition of the property, there was full support

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of all board committee. Apparently, I'm not sure that anybody else attended that,

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but no opposition and not even a non-opposition. I am fully prepared to comply with the letter from

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the council or I'm sorry from the RCO to the councilwoman's office and then also to the RCO

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indicated the conditions of the property and did request that it have a proviso for two-year

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variance if that is to be upheld which which I'm not sure that it's it's entirely relevant at this

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point considering it's been an operation without any further problem with the neighborhood but I

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would request that that be from today's date, and we would gladly, you know, continue to inform the

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RCO and allow them to conduct any inspections that they need. So for those reasons, we would

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ask that the variance for technically the legalization of the four-unit rooming house be

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approved. Is there one kitchen for each unit? Each unit has... Like a little kitchenette? Yes, yes.

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on that question could you go back to the photographs because i only look to me like

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there was only one kitchen and one bathroom there is one bathroom i i have my um i have my client

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actually on here maria diaz if she can raise her hand uh she can testify better as to the

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conditions inside of each of the rooms miss diaz if you're available

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looks like there may be a refrigerator in each of the uh bedrooms but i only see one kitchen

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i have no um miss diaz um

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all right well in lieu of that just for a moment uh yes anyone else any other questions from the

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board no no anyone else like to testify in this case please raise your hand

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yes mr charles richardson

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can you hear me yes okay you're still on the earth mr richardson but please identify yourself

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thank you mr chair uh charles richardson from the office of councilwoman cindy bass room 312

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thank you mr chair uh charles richardson from the office of councilwoman cindy bass room 312 city

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hall councilwoman doesn't normally approve rooming houses in the district uh she you know

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preferred to have uh regular housing if at all possible uh in so much that the uh rco

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is not is uh has has come out with uh support she will have no opposition to the granting of

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the variance with the provisos. Thank you. Anyone else would like to testify in this case?

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I see no more hands, Chair. Mr. Crick, did you find your client yet? I'm not. She was on the

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phone earlier with me and said that she was on this call. I advised her as to how to raise her

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hand or how to be promoted. I don't know why. Let's move on. Planning Commission? Yes. Ian Hegarty,

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Philadelphia City Planning Commission. Chair Chico and Board. The comprehensive plan recommends

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no change from the existing residential single-family zoning at this location.

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We believe the applicant's claims hardship is an economic hardship, whereas use variances

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require the applicant to demonstrate that the development is somehow restricted by unique

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physical circumstances or conditions of the property, regardless of whether it's a legalization.

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We believe also that the proposed variance exceeds the minimum variance necessary,

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and further that the proposed use has the potential to be detrimental to the public

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welfare by causing an overcrowded condition, and so we recommend that the board deny the variance.

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I'm sorry, Chair. Ms. Diaz, you can unmute yourself.

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Good morning, Ms. Diaz. Please identify yourself with a record name and address. Spell your last

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name. It still says she's on mute, Chair.

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i'm not sure if you just want to move on but still saying yeah well what i'd like to do is

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um yeah i think we need to move on anyone else i i think it's basically an overuse to be

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personally personally that's just my personal opinion yeah nobody should live like that

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MI 2020-000707, 200 West Ducanon Avenue. My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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Thank you.

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Calendar number 0224-2330 North 29th Street.

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I see no hands.

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Anyone here for 2330 North 29th Street?

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Has this case already been continued?

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Excuse me, Michael.

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oh michael meacham is the pro se owner of the property who appears on a d okay good morning

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hi it's good morning sir please identify yourself with the record spell your last name

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michael meacham m-e-a-c-h-e-m 2330 north 29th street and my uh you know my address to my house

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yeah if you can get a little closer to the mic or increase the volume that would be helpful

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can you hear me now a little better but a little bit better michael meet him m-e-a-c-a-c-m

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um you swear and affirm to tell the truth i'm sorry carol i got ahead of you you swear and

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affirm to tell the truth the whole truth and nothing but the truth yes all right do you also

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agree oh go ahead just close it to the microphone it would be helpful yes do you agree to waive the

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reading of the refusal and stipulate to its accuracy yeah wait i'm not asking him that um

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have you emailed the exhibit packet five days in advance of this hearing consisting of proof of

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ownership tax compliance refusal referral photos and plans of the property and have you met with

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the rco and do you have a letter yes yes you may proceed well how are you doing i'm good how are

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I'm sorry, I'm about to promote Mr. Michael to the panelists so he can share the screen.

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While we're doing that, Sharon, did we receive any exhibits on this case?

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While we're doing that, Sharon, did we receive any exhibits?

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We did.

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Yes.

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Okay.

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Okay, thank you.

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Hello?

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Are we sharing?

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Yes, we can see.

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if you could just make it a little larger on the screen.

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One second.

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I'm sorry.

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I'm sorry.

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We're trying to share, but it's giving a...

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I'm really trying to share this is not I'm not sure what I'm doing it correctly here.

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You're actually sharing right now.

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We can see the document is just small if you can just large in it.

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Trying to see the option to just to make it larger and I'm not seeing that I apologize.

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I apologize, but we did send the documents, and good morning, my name is Charmaine Meacham.

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The documents were sent in five days in advance, and I did send the updated letter from the ROC,

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from the meeting, RCO, I'm sorry, from the meeting.

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If someone could just please explain to me how we can enlarge this, this would be great.

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I'm trying to, it's not enlarging for some reason.

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do you have any pictures yes we do they were emailed then and received the receipt was confirmed

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as well can you show the pictures yes i can um i'm trying to share the screen are you able to

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see anything on the screen? Yes. Okay. Are you able to see this here? Are you able to see this?

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Yes. Okay. Okay, great. Okay, here are the photos. This would be the front of the building.

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Entrance, the first floor will be. We're not seeing that. We're not seeing that. And again,

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I'm not sure if it's your the volume but you're not coming through that clear I'm

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not sure if the stenographer is able to hear you sorry yes I'm able to hear her

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are you able to see the screen now and yes what we see is the table of contents

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okay what about now are you able to see this page here with the image no

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No, you have to stop screaming and share your screen again.

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Okay.

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Are we sharing now?

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No.

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Yes.

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Yes?

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Okay.

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Are you able to see the photos?

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Yes.

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Okay, thank you.

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Okay, so this is the building, 2330 North 29th Street.

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Here in this photo here, we have the apartment entrance.

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It's currently, it currently had.

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We lost your photos.

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We lost the photos.

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I'm so sorry.

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Just share your screen again.

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I'm trying in one second.

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How about now?

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No.

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Yes.

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The third picture we have, this is actually the first floor, we're requesting a variance

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for the commercial space for a barbershop.

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This is the front entrance, this is the front view entrance, this is the rear entrance to

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the left of the screen we have a restroom that is already existing and this is the rear

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area where shampoo bowls will be installed.

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This is the existing restroom on the first floor of the commercial space.

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This is the rear yard, this as well as the rear back yard, such as the portal here.

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Now we're going to go into the side of the apartment.

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These are the stairs leading up to the second and third floor apartment units.

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Second school apartment unit, this is the living and dining room space of the second unit, the kitchen space of the second unit.

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Second floor apartment units.

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This is the living and dining room space.

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As well, this is another view of the living and dining space in the second unit.

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This is the existing restroom in the second unit, this is bedroom one of the second unit, this is bedroom two of the second unit.

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This is actually the doorway between the two bedrooms.

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excuse me ma'am i'm sorry um but the court reporter can you hear her

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okay she's coming in kind of faint i'm kind of straining to hear her

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Okay, ma'am, you have to speak a little louder.

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Okay, sorry, would you like me to start over?

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No, I think you pick up from where you are, but just speak a little bit louder, please.

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Okay, these are all of the images of the property that we just shared.

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So is it a second floor and third floor are separate units?

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Yes. I'm going back to the initial photo here. Here is the actual building. And here, as you can

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see, this is the entrance for the commercial space on the first floor, which we're requesting

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to establish a barbershop. And here is the entrance for the apartment, the two units.

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Okay. All right. I understand there were some provisors, I believe, Sharon, on behalf of the

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rco there are i believe the only two that would be enforceable and zoning related are

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trash stored indoors and commercial trash pickup

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all right um questions from the board no no no anyone else would like to testify in this case

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if so please raise your hand yes chair strawberry mansion hi can you hear me please identify

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yourself with the record name and address bonita cummings strawberry mansion community concern

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director rvco good morning miss cummings do you swear and affirm to tell the truth the whole truth

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nothing but the truth? I do. Thank you. Please proceed. Yes, we're in non-opposition with 2330

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North 29th Street, but the Sturray Mansion community is experiencing a severe trash

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problem from apartment units that have not accommodated for their tenants. So we do need

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to just have those provisos preferably all of them to just assure we have a total property

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management plan particularly a trash plan trash stored indoors and during their commercial phase

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or their construction phase that trash is not delivered to the street corners which we're

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witnessing and seeing from many of the developments that are taking place so primarily our concern

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here is just making sure that the renovation once completed the tenants will not abuse the trash

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system and use the trash system as the street. Understood but according to our legal counsel

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Ms. Saleta that only two of the provisos that were requested by the RCO are enforceable.

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