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Hearing video

ZBA Hearing - January 15, 2025

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

uh it appears to be 140 plus 40 plus 80 for the first one um which is uh 260 and 130 20 90

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to 30.

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and then there's off there's that doesn't include the the the um square footage for the for the

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bathroom okay and i guess um well comment maybe um single room residences i didn't

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I thought that the idea of those was that you had to, you know, share some things that were shared, like kitchen, bathrooms, as opposed to these, which look like regular apartment units.

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They're not, so I don't see the difference, except for what you're calling it, between these and a regular apartment-type unit, a one-bedroom apartment unit.

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and um so you and then you have that other piece which you're calling a common room

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common to whom who is going to be using this to the two residents of the room of the rooms upstairs

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and what are they going to be don't mean well it would be like a common area for like a could be

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there could be a tv there it could be it could be an area where where people can gather with

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friends um you know it gives it's a shared space for the two uh living areas up up above

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okay that's how she found the configuration when she bought this that you know she wasn't the

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she wasn't the one who who created um any of this configuration she just um basically took

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it on when she purchased it all right all right questions from our attorney um just one

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clarification on the refusal it says three units but you're only asking for two units now for the

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part of it correct yeah but um i am i'm curious um um gaston um if you believe that these two

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units on the second floor would qualify as as as apartments then are you saying that if we

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if we reclassify this application as uh three apartments um that that would that that would

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that would be accurate they don't qualify as three separate apartments they just don't they

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They don't. They don't. They don't. Okay. Maybe I wasn't clear, but they don't. And I agree with

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board member Johns that there's a way to configure this so that maybe you could have a duplex there.

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The idea that you have all of these, there's all these kitchens, there's all these bathrooms.

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I'm not quite sure what this is really supposed to be, but what you're asking for and what's realistic there is a little different.

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Yeah, we have to move this along.

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Yeah, we're going to have to, we still have the community.

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Questions or comments from the audience here, please?

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Questions or comments from the virtual audience?

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could you please state your name and spell for the stenographer

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um good good good morning morning yeah good morning um mr chairman can you hear me

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i can could you please state your name and spell for the stenographer good morning mr chairman

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and board members my name is bonita cummings and my spell my name b-o-n-i-t-a c-u-m-m-i-n-g-s

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strawberry mansion community concern and rco all right do you swear or affirm to tell the truth

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told truth nothing but the truth i do can you turn your video on please my camera is not working

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is it please proceed with your comments okay um i just wanted to say that although there

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is community support, none of the community or the RCOs would be charged with the duty of

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notifying our public safety families of injury and or possibly death in such a misconfigured

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property. We did a site visit, and from the information you saw today, the property never

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met its original intent, which was to become a single family property from possible.

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Its original intent, which was to become a single family property from possibly maybe two bedrooms to each each one of those units, the 2551.

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If an emergency situation were to take place, a police officer could go in that side of the building and be blindsided by what's happening down in the basement because he's not aware that there's a breached firewall in the basement that someone could come at him from another side.

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But his partner can't help him because you're trapped on N53 with no way to get into the basement.

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But the buildings present as if you're going into two separate properties.

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So although there's mention of breached walls, there is no indication that these walls were meant to be breached without permits.

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There's no permits on the L&I site that demonstrate that the persons getting this property ever met with the intention of what the property was meant to do.

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So the property, in terms of just our emergency responders, is a very dangerous situation because even ambulance workers would go into a property that they're thinking is two separate entries, and it really isn't.

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there's no egress from 53. When you go into 53, that first room off of that entryway presents

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with like this small area and bathrooms and everything is right inside of what would be a

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common area. When you take the stairs, you are trapped. It's like being closed in actually.

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You can't really see it on the photos, but from a visit, you would be able to see that going from, you go up the stairway and you go across into 21, 2551, but you're in 53, which to the left is like this other little small space.

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So it's a property that you could burn up easily because the firewall in the basement is breached.

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And if a fire starts in 53, the residents of 51 are trapped or could easily be overtaken with smoke or fire.

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Ms. Cummings, I think we understand your position.

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So to say you're not in favor of this project.

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Well, mostly because, too, it never met with what the transfer from the housing agency intended for it to be. They intended for it to be a single family property. It's never presented as that. And it gives a false impression that you're going into two separate.

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Okay, thank you. We appreciate it. Is there anyone else in the virtual audience?

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yes chair we have a number ending in 3552 and they have been allowed to speak

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hi could you please state your name and spell for the stenographer

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hello can you hear me okay i can yeah please please state your name and spell for the

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stenographer my name is adrian fernandez swampoodle neighborhood process association rco

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and my last name is spelled S-E-R-N-A-N-D-E-Z.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth?

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Yes.

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Ms. Fernandez, are you in favor of this project or against it?

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Opposed to it.

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You do have my written testimony.

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I understand you want to keep things moving today,

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being the first hybrid day.

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I would like to read my testimony, but there's not time.

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I just want to highlight the unsafe conditions with two breached walls where there is no engineering report.

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We did speak to our inspector, who we are familiar with, and he requested that we call these conditions into 311,

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which 311 decided there is a structural construction complaint and also a fire safety complaint with L&I for this property.

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um the drawings are very confusing and also the photographs are because um luckily a strawberry

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magic concern benita cummings did witness what was inside i don't think i would understand this

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um property if she did not actually see what was going on inside and it's extremely unsafe

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um as far as boarding houses um since 2014 because this property is two these two buildings

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on one consolidated lot are in the swamp little neighborhood we have had no um zoning

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are in the swamp little neighborhood we have had no um zoning appeals since 2014 for uh we've had

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appeals for silver street sterner street but no none for a boarding house and no boarding houses

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have been approved in our boundaries since 2014 they've all been denied so i do not believe there

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are any legal boarding houses on this block miss fernandez thank you very much we appreciate your

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testimony we're trying to see if there's anyone else in the audience is there anyone else in the

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virtual audience planning commission comprehensive plan recommends no change in zoning at this

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location from the existing single-family residential rsa5 there is no unique physical

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condition or circumstance of this property that would prevent it from being used in conformance

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with the zoning code. The planning commission recommends the board deny the requested variances

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for single room residences, multiple principal uses, and parking. Thank you. MI 2022-006-213-2551

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West Silver Street, I vote no. Michael Johns, my vote is no. Cheryl Gaston, 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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We're going to move to number 18.

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If I could interrupt, I'm sorry.

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We're going to take a 5 or 10 minute break

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for the board at this time.

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Thank you.

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I know, but this is it. This is what's it's a percent when I get to that.

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Yeah, I want to do the per se to get them.

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Number 18, MI 2024, 0053563519 Conrad Street.

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Kathleen and Joseph Patrone are the owners. This is a pro se.

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Kathleen has been promoted to panelist.

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Good morning.

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

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Kathleen?

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Kathleen, please accept the promotion to the analyst.

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Good morning, Kathleen.

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Good morning.

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Hi, could you please state your name and spell for the stenographer?

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Yes, Kathleen with a K, K-A-T-H-L-E-E-N, Petron, P like Peter, E-T-R-O-N like Nancy, E.

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

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I do.

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This application is for use as a two-family household living in an existing structure

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was that existing business and professionals offices on the first floor

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to remain. The proposed use to family living is prohibited

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in the CMX1 zoning district. Our vice chair has a few

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questions for you. Okay. Good afternoon, ma'am. Have you

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emailed in all the required documents and exhibits that's needed and required to proceed

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with this case five days in advance of this hearing? Yes, sir.

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Thank you. You may proceed and share your screen.

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please proceed

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okay i have um on this screen the uh notice of refusal we have that thank you uh-huh we have

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your application yes we have your project information sheet okay the deed yes so for

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clarification i'm sorry i'm do i need to get sworn into this is my daughter she handles a lot of my

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uh she is the uh she's the one that has to do the testimony okay okay so just showing okay

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doesn't matter that we have the deed why don't you move on why don't you show us photos of the

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property and or planning planning you have okay thank you right there yeah that's that's the

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corner uh that's on the main secondary business district and i have my zoning notice posted in

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the front window thank you and this is the side window right okay that's another photograph that's

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of the side on a secondary street.

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I did put them in all windows.

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I did put them in all windows.

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That's a third window.

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That's a third window.

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Right.

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We have...

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Got all that.

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Okay.

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This is your mailings?

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This is the mailings?

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My mailings to the neighborhood, yes.

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There we go.

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Why don't you start explaining what it is you're doing right there, okay?

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Okay.

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This is the business that has been established there since 1975, okay?

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um we we are zone cmx1 um i have four garages uh and the uh which which are available to

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uh you know any tenants that would be in the building um we have occupied it um since 75

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this is our family real estate business and um in uh 98 my husband and i purchased the building

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from joe and jean machete i currently reside on the second floor apartment

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the full length of the building with the deck out back

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we have one uh we have three commercial spaces right now on the first floor and one apartment

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on the second floor with four garages behind on the side we're asking one commercial space on the

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first floor and two apartments one on the first floor to the rear of the business and then the

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four garages that would be the change that the the entrance to the apartment would be along the

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secondary street which is off the secondary business corridor it's difficult to to rent

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these small places anymore and the real does the office remain or it's going to be the office will

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remain in the front on the on the corner it will look exactly an apartment in the back

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and then on the second floor right yeah i do have one on the second floor yes i think that

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uh the one i do want the one in the back where two small offices were uh or are at this point

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and um um you know it just there is the um the the entrance to the small offices and it does

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look more residential than uh than commercial and i will change the windows with the vhhs in it to

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just regular windows that you see at the third juncture which I've done in one office because

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it was old but and here's a propose of what it would look like it would be a one small one

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bedroom with a kitchen located on the left a kitchen and a small living room and then the

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where it says two offices, that will become a bedroom with some closets

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and an extension to the bathroom with a stall shower.

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Patron, tell me what happened when you went to the RCO meeting.

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When you went to the RCO for the East Falls.

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Oh, yeah, we had a meeting on. Everything was fine.

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I think Hillary's on here.

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And you have a letter from them, right?

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Yes, I do. Yes, yes.

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and uh and uh hillary may still be on there he he's the head of the

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is there anything else you want to offer yeah um well you can see that i'm surrounded by this map

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here with all multi-family residential um here here are pictures of all of the multi-families

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the houses that have been changed or businesses that were changed to multi-family there'll still

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be a there'll be a commercial unit in the front absolutely yes yes that will all will remain

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commercial yes thank you questions from the board i have no question questions or comments from our

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attorney hillary emerson not at this time mr chair questions for comments from people in the room

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and questions or comments from the virtual audience

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planning commission oh you do okay

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the panelists hi could you please state your name and spell for the sonographer

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good morning good morning uh hillary could you please just state your name and spell for the

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stenographer hillary langer h-i-l-a-r-y l-a-n-g-e-r you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do and you're from the east falls community council

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I do. And you're from the East Falls Community Council, am I correct?

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am i correct i am chair of the east falls

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I am chair of the East Falls Community Council Zoning Committee. We held our public meeting.

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There were nine committee members in attendance and approximately five neighbors.

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There was no objection to the support of the partial conversion to residential use of the commercial ground floor space.

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The important factor for us as the zoning committee was that the intent of CMX1 to allow for neighborhood commercial development at the street level is still maintained.

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There's still a door, there's still two storefront windows, and the residential unit will be added well back on Amesley Street, as Kathy said, a secondary street.

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So we feel the intent of CMX1 is still strongly maintained with this conversion we support.

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Thank you, Mr. Langer.

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Thank you very much.

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And we appreciate you calling in.

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Is there anyone else in the virtual audience?

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Planning Commission.

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The comprehensive plan recommends a change in zoning at this location from the existing

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commercial residential mixed use cmx1 to a more dense cmx2 the proposed unit count would be allowed

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by right under the proposed zoning the city planning commission recommends the board grant

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