civus
Hearing video

ZBA Hearing - September 2, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20267h 50m

existing CA-1 commercial auto to the proposed CMX-2 commercial mixed use. The proposed office

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and residential uses are consistent with the prior documented use and proposed zoning. The

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proposed storage use in an existing structure should not have detrimental impact beyond what

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might otherwise be expected. The Planning Commission recommends the board grant the

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proposed use variances. So MI-2025-002-428-9547 Busselton Avenue, I vote yes with proviso,

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maximum two dwelling units. Michael Johns, my vote is yes with provisos. Cheryl Gaston,

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my vote is yes with proviso. Tanetta Graham, my vote is yes with proviso. Ryan McAdams,

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my vote is yes with proviso. I am Wynn, my vote is yes with proviso. Layla Beebe, my vote is yes

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with proviso council what do we want to do for six for a proviso

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commercial use only purse and basement nothing else right okay correct so number six mi

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2026-002-431-9545 Bustleton Avenue. I vote yes with proviso. Commercial use only on first floor

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and basement. Michael Johns, my vote is yes with proviso. Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso. Ryan McAdams, my vote is yes with proviso.

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Kaya Nguyen, my vote is yes with proviso. Layla Beebe, my vote is yes with proviso.

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thank you i'll see you a little later right i still have one left right it's 3 30 minutes okay

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number seven mi 2026 002 455 44 19 baker street alan knockamson is the attorney

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that's why remember we we swore you in earlier this morning right and you're back again that's

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correct so could just for the record could you please state your name and spelled for the

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sonographer uh alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n and could you

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identify your client a relationship to the property yeah my client is 4419 baker street llc

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and to my left is joe jaquinto oh the owner's representative okay and our vice chair has a few

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questions good afternoon um have you submitted your documents and exhibits five days in advance

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of this hearing yes we have and do you waive the reading of your refusals and stipulate to

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the accuracy. I do. All right. Thank you. It's great. And proceed with your case.

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Hi. This is a CMX two and a half property. We're allowed four units, residential units,

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and one commercial unit. We're asking for three residential units. So we're asking for

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less density than would be allowed under the Philadelphia zoning code. You'll see during

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our presentation that the commercial use is completely out of character for that part of

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the neighborhood the reason why we're asking for three residential units we just want them bigger

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we're looking to have them for sale we do have a de minimis dimensional refusals as well and

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explainable under the circumstances so we'll present our 13 exhibits which includes a letter

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uh which includes a letter of support from the manioc neighborhood council and i actually

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of support from the Manioc neighborhood council and I actually

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believe it was unanimous um and as this board knows the manioc neighborhood uh council is run

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by very professional community organizers john hunter so i think that i would i'm glad to say

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this is the first time i ever got unanimous support from this group so uh you know and i think it's a

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It's a good project. I really do. And we made changes from an architectural standpoint, like, you know, and we have them in the former proviso, right? Revised plans. So again, we're seeking three family dwelling unit here. Basically, we're taking down the building that's rather old and decrepit, and we're rebuilding it. And all we're doing is squaring it off. So the three units are allowed as of right. We're just asking to get rid of the commercial unit. So that's the first refusal. The second refusal deals with the occupied area.

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So, again, we're trying to square off the building. No harm, no foul. Brewery alley, which is to left of us, it would have no effect on their light in there. And then the same thing with the rear yard depth. All we're doing, the building that's there is a non-conforming building. We're trying to square it off. So it's saying we have a zero rear yard setback.

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we are but you'll see how we reoriented the building it's it's a corner property there's a

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seven foot side yard uh which gives a light in there and functionality for the building

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uh so again we have a letter of support unanimous so um again i do think that speaks well and there

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were 30 attendees in in the virtual audience too 10 vote 10 members of the board voted in

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in in support and then two members who were notified neighbors nearby neighbors voted in

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I don't know if there was any. It looks like there was no other votes taken, but there were 30 members in the community, and it was a well attended meeting.

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We made 2 concessions for market for architectural reasons, and you know that's what happens when you have a zoning matter. Sometimes it's not related to zoning.

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It's related to what the needs of the community are to respect the architectural integrity of the neighborhood. They wanted us to have a brick side facade.

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um it's a you know brewers alley is a well-known alley in this part of maniunk they want us to

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respect it to make sure we not have vinyl siding we willingly agreed to do that the second thing

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is to have a cornice line below the second floor so originally we had no cornice line at the roof

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line we changed that up but then they added for a second cornice line below the second floor

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to provide architectural interest and respect the architecture within the community we agreed to do

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those so the board feels so inclined to grant the zoning variance request we would ask that

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they grant it with the with that proviso with these revised plans i think this revised this

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site plan kind of tells you what we have here if you look at this red line i don't know how visible

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it is this is the building footprint of the old building all we're doing is creating this

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additional space like we're demolishing that building but then the building footprint increases

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is because we wanted to square off the building to make a more functional floor plans here.

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And in addition to Joe, we have Logan Dry, the architect's representative here. He can answer

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any questions you may have from an architectural standpoint. And as you can see, not surprisingly,

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this is Maniunk. Things are sloping. So this is a slope property. We do have the ability because

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of the slope to add a lower level where it's a small lower level. It's meant merely as an office,

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maybe an exercise room some extra space for the first floor units and then um it's not out of

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character to have um you know multi-family here merely multi-family for cmx two and a half

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properties you got 44 17 baker street you have a cross street uh at 124 conroe street yeah

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440810 Baker Street I think that's about it and then nearby comparable two and a half CMX two and

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a half properties with comparable lot coverage so we just kind of gave a circle based on the

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city's website of what we saw so there's a lot of properties that also run afoul of this variance

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and then maps of the area again where CMX two and a half property we're also trying to respect

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the fact that there's a historic district across the street from us, and that was a concern for

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the community as well. That's why we added the brick to the side, and we added the cornice line

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to respect that. And then photographs of the property. This is the property right now. It's

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in really, really bad shape. So it would just be easier to start from scratch. And then this is

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the side of the property from Brewer's Alley. And then again, again from the side. And then these

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are our hearing notice postings and proof of posting and then this is baker street to the right

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to left brewer's alley to the right to left and then our plans and drawings again try to create

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To left, and then our plans and drawings again try to create as much light in air and open space and outdoor space for people so everyone has their own little patio here. This is the second floor cornice line. We created a cornice line here.

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as much less.

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As well, and then we looked at this site plan here trash would be stored outside right here. So we have this is a seven foot side yard, and we're planning to put trash here.

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and it's a regular shaped lot too um so how do we get here um so let me just make sure

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we take a look at this so we get in now why am i not finding this oh here's the front door

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for unit number one you come in you have a bedroom you have a bathroom next to the bedroom

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right so you have the two bedrooms here bathrooms are right close to there you have an open floor

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plan with a living room dining room and kitchen and then lower level here it's just again more of

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just storage area but like you can put potentially an office down there maybe you can have an

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exercise room down here instead of you know unit number one which is approximately 1300 square feet

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you go up to units two and three each on its own floor you come in you have a living room you have

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You have bedrooms right here. You see the bathroom is right next door to it. You have the kitchen area and you have that terrace area that you saw before. Same thing for unit number three. Unit number three looks like it has its own roof deck as well.

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so we had a well attended meeting july 8th at 7 p.m proof of mailing to these addresses

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our application for zoning variance along with the notice of refusal the project information

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form the deed to the property showing the 4419 baker street llc is the owner of the property

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our certificate of tax clearance i would then stop sharing my screen i would ask that joe be sworn

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in i have a few questions for him i could you please why don't you get close to the mic yep

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yes pulled right next to you that's great would you please state your name and spell it for the

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stenographer sure joseph juquinto uh last name spelled j-a-c-q-u-i n as in nancy t as in tom oh

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right so right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes sir counsel uh joe you heard everything i had to state today about your zoning matter

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yes including the proviso with the revised plans adding brick to the side of the property

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and adding a cornice line on above the second floor yes and is everything i said true and

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correct yes it is and do you adopt this your own testimony yes i do thank you questions from the

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board questions or comments from our attorney no questions at this time the comments from the

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virtual audience. I see no hands at this time, Chair. Planning Commission.

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Ines Almanek with the Planning Commission. The comprehensive plan recommends a zoning map change

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from the existing CMX 2.5 commercial mixed use to RSA 1 residential single-family attached.

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The proposed use as a triplex and ground floor residential use is consistent with the

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surrounding neighborhood. The appellant has not shown that the proposed dimensional variance for

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rear yard depth and occupied area are necessary for the use of the property the planning commission

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recommends the board grant the requested variance for multi-family living but deny the variances

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for occupied area and rear yard depth kind of briefly um you most certainly i'll do briefly

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as you saw this is a regular shape lot um and we're squaring off the building to provide

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adequate floor plans for the residents. Thank you. So number seven, MI 2026-002-455-4419

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Baker Street. I vote yes with proviso. Revised plans, two pages, stamped by ZBA, September 2nd,

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2026. Michael Johns, my vote is yes with proviso. Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with Proviso.

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Ryan McAdams, my vote is yes with Proviso.

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Tyia Wynn, my vote is yes with Proviso.

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Layla Beebe, my vote is yes with Proviso.

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All right.

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I have one more for you.

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Am I right, Alan?

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You have two more.

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I don't know if I have it as 502, the next one, and I have the next one at 520.

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All right.

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Thank you, sir.

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Thank you.

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All right.

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I'm going to number nine, right?

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MI 2026-002-535-6860 Forrest Avenue.

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Alan Nockamson is the attorney.

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Just for the record, please state and spell your name.

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Just for the record, please state and spell your name.

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Alan Nockamson, A-L-A-N, last name.

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Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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Right.

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And could you identify your client and relationship to the property?

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So my client is S-I-B-I-U-2026-LLC, and in the virtual audience is one of its members, either Nikolai Gerasim or Bogdan Leuka.

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Right.

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And I understand there's no RCO letter as of yet, right?

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Just last week, was this?

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The community meeting, actually, no.

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The community meeting was, at least according to my records, July 14th.

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Okay.

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We've been following up with the RCO.

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Even today, I've been following up multiple times.

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I know that Kimberly, I don't remember her last name, but we've been contacting her.

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I told her that this would be on or around 502.

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So. Well, we're a little ahead. All right. One of you. One of you. All right. We'll see where we stand.

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OK. Let me share my screen. Let me just get to the front page of it, though.

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this is an rsa5 property in name only this has a long history of multi-family use

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and what we're looking to do is just have three units here it looks like at one point this had

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two residential units and maybe even a commercial use at one point this was advertised to us as

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multifamily this is the classic case of someone not doing their homework in terms of oh this is

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an rsa5 property it looks like it had three units so it must have three units well that's not the

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case here i have 13 exhibits here again either uh nicholas or or nikolai or bogdan will virtually

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raise their own hands hopefully to you know adopt my testimony as their own and maybe answer any

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questions you may have for them. Again, this is a rather large lot. It's 1,562 square feet.

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It has three doors, like in different parts of the lot. We're at the corner of Forrest and Haynes.

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And yeah, I mean, again, we met with the community. Actually, we met with them. I'm sorry.

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You're right. We met with them August 27th. My notes had July 7th, 14th, but it looks like we

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We met with them August 27, and we have been following up, so I don't know how they're

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going to rule.

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Mr. Goldberg attended this meeting.

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He didn't think there was any issues, but you'll just never know.

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It's not even out of character to have multifamily.

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Look at this, 6888 Forest Avenue, which is also an RSA 5 property, three units.

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You know, the Cross Street, 2022-34 Haines Street, I believe that's three units.

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Actually, it's 50 units, sorry.

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And again, if you can see here, this was advertised to us as a multifamily home on this lot.

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And then maps of the area, again, while this is all yellow, there is examples of multifamily structures here.

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and we are a corner property and if you look at it it looks like it was probably at one point like

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maybe a cmx2 property and photographs of the property uh this is the property from forest

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so this is the door that goes up to the steps for everyone else you'll see there's a door here that

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goes to the first unit oops wrong direction and this is a door in the back that goes to here

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and from a safety perspective you don't see this often right in philadelphia but you have a fire

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escape and that goes to a common driveway but you have a fire escape here so there's for the second

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and third floors you know more from where i'm from in you know new york that's more of a new

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york thing uh and then you can see that this is the door right here for the for the front of the

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first floor unit and then again you can see this angle again with the fire escape here where they

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have their own doors to get out from a safety perspective uh trash would be stored outside

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There's enough room here, more than adequate room to put trash bins covered, of course, there.

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And we would ask for a proviso of trash stored outside.

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And then here's our proof of posting for today's hearing.

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And then this is as far as the right of the property to the left of the property.

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Haynes Street to the right of the property to the left of the property.

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Interior photos. Again, this is a complete gut job.

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so and then utilities you can see there are multi meters here and then you can see here by the way

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the my understanding will look at the floor plans i think there's direct access to the basement for

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all the tenants right so no the first floor tenant doesn't have access to the basement separate

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than anyone else but you can see multiple hot water heaters very simple plans not to scale

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but you can see multiple hot water heaters very simple plans not to scale just trying to give you

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illustrative for only purposes i i think our legal assistant nicholas laid off on this he's

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getting much better um he's by the way his anniversary was eight years this week so with

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you yeah with us he started straight from college and so he's been doing this for us for eight years

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uh and so here you saw that white door that goes up a flight of steps but we'll go the side door

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comes in here dining room living room kitchen you have the two bedrooms the bathroom's not too far

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from the bedrooms and then you can see this separate set of steps down here and you can go

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here it's an open it's that that's where all the water heaters and and all the junk that you saw

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down there um it will probably be tennis storage or owner storage of some sort you go up a flight

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of steps right that white door and again open floor plan living room kitchen dining room the

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three bedrooms and they all hug the bathroom and the same thing for the third floor as well

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rco meeting notice uh again i can't tell you how many people showed up mr goldberg was there we

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