Joseph Francis Cunningham - Page 3

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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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