civus
Hearing video

ZBA Hearing - January 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 15, 20258h 11m

Ishmael Shaheed, my vote is to dismiss.

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Number 13, yep.

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MI 2024-001-964-2600 Mulfield Street.

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Joseph Consul is the attorney.

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We do have a letter.

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Am I correct, Hillary?

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That is correct, Mr. Chair.

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MI 2024-001694, my vote is to dismiss.

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I believe that's a withdrawal, Mr. Chair.

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Oh, I'm sorry, withdrawal.

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All right.

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Excuse me, Chair, Joseph Consul had their hand raised

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and they have to vote it to panelists.

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Sure.

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This case was withdrawn.

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I got a letter yesterday.

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Thank you very much, Mr. Consul.

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Okay.

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See you in a minute.

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So we're going to go to our add-ons.

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Number one, MI 2024-005-238-1353 South Hollywood Street, I vote yes for a temporary variance, expires 1-15-27.

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Michael Johns, my vote is yes, with proviso.

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Charles Gaston, my vote is yes, with proviso.

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Snetta Graham, my vote is yes, with proviso.

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Tywin, my vote is yes, with proviso.

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Ishmael Shahid, my vote is yes, with proviso.

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And number two, MI 2024-005-319-2500 Federal Street, I vote yes with proviso.

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Approved use is a sit-down restaurant with two-family household living.

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I'll vote.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Tyia Wynn, my vote is yes with proviso.

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Thank you.

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Ishmael Shahid, my vote is yes with proviso.

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We're going to go to our regular list.

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Number one, MI 2022, 006213, 2551 West Silver Street.

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Steve Masters is the attorney.

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I understand we do have letters of opposition.

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

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Good morning.

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Could you please, Mr. Masters, please state your name.

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and spell for the stenographer steve masters s-t-e-v-e-m-a-s-t-e-r-s do you swear or firm

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to tell the truth the whole truth and nothing but the truth i do but you identify your client

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relationship to the property yes um my client is a latasha turner um she uh owns this property

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via a LLC called RL Property Group, LLC.

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uh and um she is our client okay our vice chair has a few questions sure good morning counsel do

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And she is our client.

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Okay, our vice chair has a few questions.

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you agree to wave the reading of the refusal or stipulate to its accuracy um i do want to go

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through the refusal but i do stipulate to its accuracy understood um have you emailed in all

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the required documents and exhibits that's needed and required to proceed with this case five days

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in advance of this hearing? Yes, we have. We actually do have some amended exhibits that we

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are sending in this morning, but we will go over them as we go through our presentation.

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I understand we were supposed to be received a tax compliance letter in prior to starting.

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Have we received that? Yes. One of the new exhibits is a payment agreement for the tax

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compliance we have not received the rco letter as of yet actually we did sorry we did this morning

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we received letters of opposition from strawberry mansion community concern the coordinating rco

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and swamp poodle neighborhood parcels association the affected rco thank you

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um please proceed and share your screen okay will do

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Good morning, Mr. Cherrigan, members of the board. I had hoped to be with you in person

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today, but yesterday I got some shoulder surgery down in Methodist Hospital, so I'm doing all

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right. The nerve block is still working, so I'm still working.

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uh we're here today um on uh property it's it's 2551-2553 west silver street uh there is um

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extremely high level of support for this application among the near neighbors but there

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also appears to be um opposition to this project from the two rcos uh we have as we go through

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our exhibits you'll see we have 42 petitions of support uh we have a hundred percent of all the

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community members who who attended the rco meeting seven seven community members um all voted in

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favor uh and uh this the opposition that that you'll see um is primarily not related to the

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zoning at all but it's related to perhaps some issues that may come up with the building uh with

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certificate of occupancy and and perhaps the board of building standards so i wanted to first go

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through um our refusal and and talk about um the hardship um aspects of it here so uh we had to go

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back to lni to get a revised refusal um the the notice um that's still in atlas for this matter

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shows a previous refusal that is not correct. So this is the August 7th, 2024 is the correct

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refusal. There are three use refusals. But what this is, this is a property that was originally

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two row houses um 2551 and 2553 west silver um back in 2005 uh this pro this property was

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was owned by the land bank uh or the vacant property review review committee i'm not sure

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which one but it was it was a phcd uh property that was that was um conveyed to a prior owner

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and we'll go through that in a second because there's quite a bit of alarmist

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communications from the RCO groups about this but it was two single family row houses

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it was a lot consolidation into one lot and because of that the single family

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So we're looking at the proposal here is a single family apartment that is on the first floor, primarily of all of the, but not all, but most of the first floor of this combined unit.

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And then there is another unit that is mostly on the second floor with one aspect on the first floor, and that is a rooming house for two rooms.

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the single family apartment is essentially the same as the historic use when this was a single

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when these were two row houses but we have a refusal for the single family apartment simply

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because there are two uh two primary uses in this building now that it's consolidated it used to be

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uh two primary uses in this building now that it's consolidated it used to be two row houses

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and uh the the um as you'll see each of the each of the residential facilities does cross over into

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into both of the of the previous row house separate row houses so that's um that that is

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really the distinction here uh the single room residence with two bedrooms is essentially the

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same impact as the historic use as a two-bedroom apartment. We have a couple unnecessary hardships

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here. There's a substantial hardship to convert the structure. Our client bought this two years

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ago. It was already divided up as it exists today quite a long time before, and for her to convert

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it back to a single-family home, which is what the zoning is for this consolidated property,

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would be prohibitively expensive, and so the courts have long ruled that that constitutes

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an unnecessary hardship. There's a third refusal, though, and that is that when there's a rooming

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house use, there has to be a minimum number of parking places. Two is what is indicated in the

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refusal. We can't put any parking on this property because there is no open space for parking in the

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front in this whole neighborhood there are no driveways or anything this is a row house neighborhood

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in the rear there is no alley and there is no access for a vehicle to go into the backyard

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so it's it's impossible to put any parking in this property and therefore that's an unnecessary

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hardship uh the so i wanted to then um share the petitions of support um and uh this is a caveat

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that we presented at the RCO meeting last week as well.

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And as some of you know, members of the board,

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I'm an election lawyer.

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I do a lot of work with petitions at election time.

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And you'll see that many of these petitions

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have the same handwriting for the category of address and date.

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But you also see that the names and the signatures

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on the petitions are unique to each person who filled it out. So our client, Ms. Turner, will

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explain that she had to go through a few iterations of the petitions because we, at first,

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this application was for multifamily. And then when we came into the picture, we discovered that

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it wasn't a multifamily project. It was a combination rooming house and single family

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apartment. So we had to redo the petitions. And the neighbor said, we'll sign your petition,

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but we don't want to keep writing up our address and everything. So that's why we have good

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signatures for all the neighbors. But you'll see that the actual addresses, the address part of

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the petition are filled out by our clients. So this is 42 signatures in support. These

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addresses are extremely close they're they're all within the 250 feet um as provided by the

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the planning commission um now uh before i go into the alarmist um arguments from the

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from from the rcos i'm just gonna i want to go through um our floor plans um which are somewhat

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um somewhat complicated and that and that was that was one of the issues that the that the rcos

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uh we're struggling with um so we're going to go down to exhibit five okay

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so um we have a basement that's unused it just has mechanicals um in the basement and there is

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uh it's a two-story um building so the the salmon color is um is the single family apartment

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the entrance to it is at the 2551 uh front door and you come into a living room the bathroom the

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kitchen and then when you you do a dog leg to the left and there is the single bedroom all of this

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is on the first floor we also have a rear door uh that that uh that opens onto the the backyard

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and there's clear there's clearly places for the trash um to be stored in the rear and then to be

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brought to the front uh on trash day this is all on one story although originally when this was

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a single when when this was its own when 2551 was a row house and 2553 was a separate row house

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there was a stairway uh that went up to the second floor um but as it

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there was a stairway that went up to the second floor but as it is configured now the apartment

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is only on the first floor and it and it's the entire first floor of 2551 and it is the rear

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of 2553 now the purple bluish area is the rooming house space and that access is

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We'll go back over to the first floor.

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So it's accessed from the 2553's front door.

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You then can either go left into a communal space or you can go straight ahead up the stairs to the majority of where this rooming house is, which is on the second floor.

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So as you come up the stairs, you have two units.

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One is to the right, where you have a door here that goes into the kitchen area.

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The trash receptacles would be, we presume, around here.

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Then there's the bathroom, and then you go down a hallway and you go to the bedroom.

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That is what we're calling one of the units for the rooming house.

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And the other one is you come up the stairs and you go to the left. You get into the kitchen through this door. There's a place for the trash over here. There's the bathroom. And then you proceed down a hallway into the bedroom.

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so uh the entrance is as you saw on the first floor um there is uh at this time no exit um

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from to there is no rear exit um from for this property the last thing i want to highlight is

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the basement

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access to the basement is through a stairway

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but it is accessible to the

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existing single family apartment it is

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not accessible for the rooming house

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so we came up with a

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trash, let me go a little more, let's see we have our

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zoning code analysis here

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for open areas and occupied areas

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that we are all compliant in

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this is our elevations

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our front elevation

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this is the 2551

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with the front door, this is the 2553

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and

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that, I think that concludes

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our

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our

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our plans

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Steve, do you have photos?

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with it here come the photos so here's the 2551 front door uh the 2553 uh you see it's a two-story

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building

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this is um this is the

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first floor bedroom um this is this is the single family apartment so this is uh this is

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all of these are vacant there as soon as um we had a citation from lni for for lacking the proper

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zoning permit and certificate of occupancy for this use and so this the this building has been

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vacant for several years now um this is a photo of the as i said of the part of the bedroom this is

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apologize apparently this is kind of a large file so it's been it takes a while this is the um

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um this is the bathroom in the apartment uh this is the living room that as you walk in from the

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front door this is the living room area for the apartment and then we have the kitchen

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um for that first floor the single apartment on the first floor then this is the um this is the

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common room uh on the first floor for uh the rooming house this is a bathroom in that common

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room um it was originally used when when the previous owner uh had this uh was using this

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property they had a third rooming a room on this first floor but we uh decided that that was uh

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that was not it was not conducive it didn't really have a place for a kitchen it was just too small

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so we've made this into a common area and the two the two rooming units are going to be on the

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second floor here's where you go up the stairway to the second floor this is at the top of the

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top of the stairway and here we have um the kitchen in in one of the rooming units unit one

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stairway. And here we have the

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this is the bathroom and the bedroom um off off of that room in one the room in one

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this is the bedroom

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and now this is oh this is the second bedroom

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the second unit each each of the roaming units is one bedroom

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this is the kitchen for that second unit

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and the bathroom in that second unit

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another view of the bedroom

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and the second bedroom has a 20-foot square foot closet

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uh this is the unfinished basement that is not going to be used for any residential

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uh purposes just for for um accessory storage and utilities this is the rear of the property

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here you have the exit door for the 2551 uh single family apartment uh and this also is part

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is on that on that first floor part of the single family apartment as i said there is no at this

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time there is no uh exit from uh from the second floor for the for the rooming house there's just

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the front exit this is um up here is a is part of the rooming house second floor and this is a

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window in the bedroom, or I think this is actually the kitchen area for the single apartment.

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This is the right side of the backyard.

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