civus
Hearing video

ZBA Hearing - March 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 2, 20225h 41m

The RCO meeting was actually held on January 13th before Burholm Town Watch and Civic Association.

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It was a joint meeting for both applications 48 and 4818.

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The proof of mailing to let the neighbors know, here's the zoning notice poster is

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Exhibit 7, as well as the photographs of the posting of the zoning notice poster.

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These photographs are the posting at Unit 4 specifically.

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OK, and here we have the overview.

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Here's where 800 Cotman Avenue is located.

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These in the front here are the commercial spaces.

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As you can see, the surrounding street, while this is zoned RM2, while our building is zoned RM2, there are surrounding, there was formerly a Wawa directly across the street of Cotman, down the street about a block or so on Cotman, there's a number of fast.

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of Cotman down the street about a block or so on Cotman there's a number of fast food

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stores and auto repair and auto service shops. As I said before this property is

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in the as well as the surrounding area have a history of commercial use.

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So we were here about two months ago with regard to the signs that were being installed and I'm

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not sure if you remember, but we explained that we had kind of modernized and given a facelift to

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the existing commercial units. The facade has been redone, kind of modernized, and this overhead

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picture just kind of shows the new commercial spaces. Four and three, the unit four, is this

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unit here in the middle of the building.

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And here's kind of a close-up of the new modernized finished spaces.

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We discussed the zoning overlay is RM2 and the areas surrounded as you can see are commercial,

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residential and industrial in this area.

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The applicant, the tenant who would be coming into this space is Brilliant Stars Learning Center.

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I'll give you a little bit of an idea.

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And then some of the key features.

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They take children.

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They do provide services for families with children ages 6 weeks old to 12 years old.

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They cater toward frontline workers and teenage parents with a flexible schedule.

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They offer service available as needed on a 24-hour basis, five days a week,

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and it's dependent upon the family's need. There will be a representative available in

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the reception area for the key pickup and drop-off times, so we don't see any

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to facilitate basically the flow of traffic through that area. And those times, the key

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Key drop-off and pick-up times are 6 a.m. to 9 a.m. and 4 p.m. to 6.30 p.m. Monday through Friday.

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And Brilliant Stars meets all child care guidelines from the state of Pennsylvania as far as caregiver to child ratio.

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So we've included in the packet the proposed floor plan.

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This is how they foresee it.

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Again, like I said, it's already been kind of set up into the two units from the previous daycare that was there.

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The front reception area would be here.

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And like I said, during peak hours, someone would be stationed here at the door to facilitate the flow of traffic in and out of the building.

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And then the former permit for a child care use was 2009.

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um and basically it was a larger I believe a larger daycare with up to 85 children um they

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are I believe beginning to have approximately 50 children um I do have with me today the

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representative of brilliant stars who can confirm the number it's the smaller number than I believe

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the original um 85 from that application and we did meet with the like I said we did meet with

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Earl Holm Civic Association, they did provide a letter of support. It should be in your mailbox.

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The vote was unanimous 8-0 in favor of this project. Just to turn briefly to the other

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project, which would be Unit 6 of the same set of commercial buildings, we're proposing to use

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Unit 6 as a personal service use. Specifically, it's a facial spa and skin treatment facility.

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Here's the appeal application, which is Exhibit 4.

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Project information sheet is Exhibit 5.

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Like I said, it was a joint RCO meeting, so we will go through that.

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It's the same notice of mailing and both applications were listed.

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The zoning notice letter was posted specifically to this unit, Unit 6.

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And just to go back, Unit 6 is the end unit, as you can see right here.

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This is Unit 6.

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and

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and just to give you a little bit of an idea of the facial spa some of the key highlights for that

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property so that the facial service spa would be skin aesthetics company which was formed in

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The facial service spa would be Skin Aesthetics Company, which was formed in January of 2019.

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The esthetician brings over 600 hours of training to the salon.

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They offer not just lashes and brow treatments, but also skin health services, such as treatment for preteens with acne issues and treatment of skin aging issues.

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um the spa will operate as appointment only for the foreseeable future the hours are tuesday

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through saturday 10 a.m to 6 p.m um and for both facilities uh the applicant um has a dumpster on

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the property and the applicant the landlord handles the trash removal there's an existing

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service agreement for trash and waste removal. And prior use for another unit, or possibly

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this unit, it's unclear exactly which unit it was, there was a prior massage and chiropractic

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spa also offered at some point back in 2008 that was approved for these park agreements.

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and i should have david waterman from newtown park associates here with me um david if you could raise

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your hand i'd like to ask money um i do have both i also have angel brown from skin aesthetics who

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should also be or should be specific questions either brilliant stars um who and and there are

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people their representatives shalice and shanita nailer as well as marin moon here too

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Okay, so why don't we do this? Why don't you do the brilliant stars first, right? Bring the rep for there. Have your testimony adopted?

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Yeah, I mean, David Waterman, the applicant, can adopt it.

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Okay, good. Then bring him.

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Yeah, just in case there's any specific questions, I do have representatives from both.

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Right. Let's bring David first.

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Mr. Waterman is no longer um listed he was but now he's no longer listed

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okay so so so Natalie you're officer of the court we will take your word for what he was going to

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say thank you um I mean and to the extent that the tenants are here they're well okay so just

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wait so members of the board any questions about either one of these properties

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No questions for me, Mr. Chair.

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Carol?

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Carol?

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I forgot I was muted.

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No, Mr. Chairman.

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Okay.

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Thomas?

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Thomas Holloman.

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No, Mr. Chairman.

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Thank you.

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Questions from the virtual audience?

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Chair, we have Hillary Emerson.

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Right.

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good afternoon mr chair members of the board hillary emerson on behalf of councilwoman

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sherelle parker e-m-e-r-s-o-n could you spell your name for the court reporter please sure

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hillary h-i-l-a-r-y emerson e-m-e-r-s-o-n right do you swear or affirm to tell the truth the

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whole truth and nothing but the truth i do proceed i thank you mr chair um regarding um both of the

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applications for 800 cotton avenue uh the councilman is is not opposed to the child care center

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and personal services uses um these properties do have a commercial history um and in these

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commercial spaces and they're also on a major commercial corridor um and there is uh parking

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available to accommodate, particularly the child care center, which involves pick up

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and drop off and that sort of thing.

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We know that the community did support the applications, and thank you to the council

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for the applicant for showing the letter.

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We just received it as well and then head forwarded it to Ms. Saleta.

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So that's all I have in this one here, Mr. Chair, thank you.

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Any other questions or comments from the virtual audience?

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i see no other hands chair planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing rm2 multifamily residential at this

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location however there is a long history of the property being used as commercial mixed use and

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the property use would be allowed by right if zoning reflected its long-standing use

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Accordingly, the Planning Commission recommends the Board grant the variance.

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Thank you very much.

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On both cases, MI 2021-004817-800-Cottman and MI 2021-004818-800-Cottman.

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and MI 2021-004818-800-Cottman. I vote yes for both. Carol Tenere, my vote is yes for both.

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Thomas Holloman, my vote is yes for both. Ishmael? Ishmael Shaheed, yes for both.

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Thank you very much. Thank you. Thank you. Tanya, are we ready for number eight?

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We can try it. Mr. Leonard, are you there?

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Mr. Leonard Brumbidge, you can unmute yourself.

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We're going to MI2020, 00631, 4230 Outer Street, number two.

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Can you hear me?

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Yes, Mr. Leonard.

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We've sworn you in already

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Yes

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Now I still don't see that green button

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So you're going to

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You're not going to have to use it

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The board was sent

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The documents so that they can review them

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Talk through your case

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So that the board can understand exactly

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What you want to do Mr. Leonard

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Okay

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Well yes I would like to have

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Get the property certified as a duplex

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I was at three herons, virtual herons, and I had a lot of difficulty because one of the

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herons, my name wasn't there, or one of them.

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There was another heron where they cut the, yeah, they cut everything short because it

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was emergency.

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And then the last hearing, virtual hearings that I was at, they never called my name.

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So this is going to be a new day here.

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So why don't you tell us what you want?

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Tanya, do you have, is there any way we can look at the documents?

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Can you put them up?

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No, Chair, I can't.

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And I'm using a phone device because I can't get on on my laptop because it's updating.

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So I did send the documents to you all in your email or Karen did.

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And just a little bit of background at this case was since 2018 into 2019.

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And it kept getting confusing because we had a separate case that was Otter Street as well.

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I do believe, let's see if he's here.

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Nope, he's not here.

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i thought andrew goodman might have been here to assist um because there's a background with the

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with the case and andrew i thought was going to be available but he might not be to

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discuss it so mr leonard would you be able to explain to the board what exactly it is that you

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want okay mr mr chair one thing um i don't know if it would please the board i can share my screen

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I see his documents

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as an email to me.

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Perfect.

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There you go. Go ahead, Sherman.

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Okay.

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Okay.

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I brought a...

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Can you hear me?

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Yes, we can, sir. Go ahead.

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I brought this property

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on a shelf sale

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in 2004

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in the West Philadelphia

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community where I used to live at.

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And I worked on it

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I fixed the property up so that I could probably make, you know, make a little wage off, you know.

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So, but the problem that I had with it is that it was a single family dwelling.

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Right.

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And so that was the problem.

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I couldn't.

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So the thing that I did, I couldn't make it a triplex.

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So I was told that I could make it a duplex.

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So I had an engineer come around and took the measurements and told me as well,

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yeah, it could be a duplex, not a triplex. So I had three hearings, as I said earlier.

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And so I wanted to get another hearing because the last meeting, that last hearing I had,

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they never called my name. I called a couple times. I even called the RCO and he gave me

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someone else a call. In other words, it was sort of go to this person, that person, neither

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one of them was helpful. So I spoke with Mr. Goodman at the senior citizen law firm.

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at the senior citizen law firm.

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He's a higher lawyer.

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No one told you.

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Sir, you have support from all the RCOs.

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We have support from all the RCOs,

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and we have support from the Councilwoman's office.

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Okay.

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Sherman, is there any photos in there?

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Mr. Chair, I don't see any photo.

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Oh, I see plans here.

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Okay.

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but no photos of the actual property okay well and if if it pleases the chair i would um suggest

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it's up to you all if you want to finish it the case hold it for photos to be submitted

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and then you can make your decision at a later date that's fine i just really wanted to get him

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heard because this has been a problem and it was our fault so sir did you hear that what we're

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going to do is we just want you to take take photos of the picture of the building i do have

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one or i do have one on the front of the building i didn't know well that's all that's all we need

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we want to see what it looks like and what's around it that's okay let me see

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