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in the area. Petitioner purchased the building with the intent
of establishing a commercial art gallery there. Although there
is conflicting evidence on the point, it appears that at the time
of purchase, petitioner, who was engaged to be married and was
living in a rented apartment, also intended to use a portion of
the building as a residence for himself and his future spouse.
The building was zoned residential. However, the previous
owners obtained special use permits allowing them to operate
various businesses, including an antique furniture shop, at that
location. Petitioner was required to obtain a special use permit
so that the art gallery could be located and operated in the
building.
The building consists of three levels, including a basement
(below street level), ground floor (street level), and upper
floor. Petitioner anticipated that the basement and ground floor
would provide sufficient space to locate and operate the art
gallery. The upper level was large enough to use as a residence
and contained two full bathrooms, although it had not been
finished or equipped for residential use at the time that
petitioner purchased the building. Petitioner began using the
upper level as his residence in August of 1987 after adding new
flooring, a complete kitchen, and walls and doors that defined
separate living and bedroom areas.
Because of its prior use as an antique shop, the street
level was already well suited for use as an art gallery when the
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