civus
Hearing video

ZBA Hearing - June 3, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 3, 20266h 30m

that is the corner of where the residence or where the property is

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just going around basically this is across the street residences

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looking in each direction that's the property from the front

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hellerman street

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Across directly across the street from the property, the opposite way of Hellerman Street, Battersby Street, which is the side street where the office entrance is.

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And this is the back of the property.

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That's the notices posted in the front of the office, proposed office.

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There's the front of the proposed office as well.

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Tax certificate.

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and you know this this case was filed the permit back in 2024 um we've made numerous attempts to

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contact mayfair rco numerous emails um you know we had to continue this hearing a couple times

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um we directly sent mailings out to the community to notify them these are my mailings with proof of

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mailing uh attached and stamped and we've gotten sorry we've gotten no response but we did send

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notices to the community about this uh project and plan that we had and again there's been no

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uh response um i haven't been contacted regarding this since the notices went out

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um so i'm really unsure what position the community have if any objection to this but

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essentially you know it's a low volume business my client plans to be open from 10 a.m to 5 p.m

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monday through friday um rarely would clients come to the office it's mostly phone email contact

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um but occasionally she'd have some clients there but she doesn't expect that to be a high volume

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um i don't think there's really any issue with trash i mean it's basically electronic records

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mostly in the insurance agency maybe some paper but you know beyond that i don't think it's a very

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you know large footprint that it would be to the community um as far as activity around it

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um but that is basically what she is seeking to do today so could you explain where the office

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is i mean i'm having a hard time is this like a first floor where there was a garage or something

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yes well and then yeah let me get the picture back up that's the ground it's kind of like the

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first floor of the property there yeah it's kind of the first floor i guess you would walk in

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correct correct and then when i sorry when i scroll over that's the back right

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sorry when i scroll over that's the back right um i want to get to the front

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those are just the surround so this is the front basically of the property and what the

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front wouldn't be used for any business entry but that's where the basically the floors are

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so you i guess you could call it a basement or first floor sort of because it's on this hill

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there with the right yeah because it's on that first floor and the second floor is a private home

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right correct all right questions from the board yeah i just want clarity because it says two

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family but it looks like from the four plans there's a two is it a two-story single or

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two-story apartment and then a office on the first floor yeah i yeah i might have put them all

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it would be a one it's one unit basically

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the second and third there's three three bedrooms yes I believe that's how my

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client purchased it she hasn't done any activity in there and you know as the

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pictures are it's kind of it's empty at this point but I believe there are there

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is a family on the second and third floor occupant just because the

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previous businesses many of them look like they don't match it would be insurance

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agency other questions yes yeah just I'm sorry is that a is that a sign there that is a

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insurance yes there I could I'm guessing my clients when my client is a Chinese origin so

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So I believe she'll be servicing, I guess, mostly the Chinese community, Chinese American

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community, which is why she also has it written in two languages there.

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Okay.

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But is that part of this application?

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There weren't any signage that we asked for, I believe, on our refusal or application.

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so she may have to come back for that yeah so she's going to have to come back for that and

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um is that is that also um some kind of advertisement or signs or something in the

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window it's hard to leave well yeah i'm sorry that i'm going to get yes i'm going to scroll

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over from the tree or whether that's something in the window i'm going to scroll over to one

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my last photos and one is the the two zoning notices i believe that she posted um but i'm

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not exactly sure what the ones on the right are okay i'm not sure if i can go back maybe and see

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other questions no I think it's it's a clear that this kind of space has been

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always used as a sort of a separate business on the ground floor yeah it's

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just it's just really unfortunate that you have bad photos right yeah yeah I

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think you know the color is much better and so it's just it would made it your

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presentation much easier and clearer so but yeah it's clear from yeah it's just

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it's clear from Google that it was a it was a it was always a commercial space

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yeah any other questions questions from our attorney I'm just just two brief

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notes and mr. chair one I think this one is also missing a refusal for multiple

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principal uses on a lot right um and secondly if the board decides to approve this request i

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recommend including a proviso that specifies the approved use is business and professional

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office and single family household living say that one more time so that uh the approved or

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say approved uses um are business and professional office and single family household living

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okay thank you questions or comments from the virtual audience

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thank you questions or comments from the virtual audience

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i see no handshare

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boy with the planning commission the comprehensive plan recommends no change to the rsa5 residential

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single-family zoning at this location the city rezoned this neighborhood in 1982 and a council

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supported map change the property has a documented history of commercial use in one family

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The Planning Commission recommends that the Board grant their requested variance for business and professional office.

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MI 2025-006-889-3001 Hellerman Street.

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I vote yes with proviso.

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Prove uses business and professional offices and single-family household living.

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Michael Johns, my vote is yes with proviso.

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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 Nguyen, my vote is yes with Proviso.

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Thank you, counsel.

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Try to get a little better camera there, okay?

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Sorry.

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Thank you.

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Have a good afternoon.

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Appreciate it.

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Bye-bye.

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Bye.

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Thank you.

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Number three, 2026-000188-555-57 North Fish Street.

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Zen Jin is the attorney.

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letter of support from the northern liberties

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good afternoon good afternoon counsel could you please state your name and spell for the

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sonographer yes my name is zenjin z-h-e-n j-i-n here on behalf of the apts do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth. I do. Could you identify your client

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and the relationship to this property? Yes, my clients are Mr. Ke Zhang, K-E-H-A-I-C-H-E-N-G

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for H-N-Y 555. I'll see they're the owner of the property. Our vice chair has a few questions

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for you, sir. Good afternoon. Have you submitted your documents and exhibits five days in advance

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this hearing uh the only uh item is that the exhibits were submitted i believe three days

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before due to some outstanding documentation that came in late okay and do you waive the

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read and other issues on simply to its accuracy i do all right thank you can share your screen

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and proceed with the case thank you i'm going to share with the board what was submitted as exhibits

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so this is an application for 555 to 57 north 5th street this is refused for the request to

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use this property as a visitor accommodation in an RSA 5 district what is primarily the reason

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that led to this application is that when this property was purchased back in 2021

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one, the owners who do live in the property applied for limited lodging use. In conjunction

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to that limited lodging use, they also applied for renovations to the property, which I will

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show the board the plans in a few minutes. They have operated this particular location

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under that limited lodging license without any knowledge of any issues for quite a few years

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until last year when license inspections came and ceased their operations stating that a limited

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lodging is limited to accessory use of a single family, but that while they are a single family

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house, the way they have everything structured, there's just too many units or bedrooms available

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in the building for it to fall under limited lodging. This was never raised with my clients

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before for many years they've renewed their limited lodging license and their renovations

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were done with permits all these were facts made available to northern liberty neighbors association

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who reviewed it and ultimately decided to support us with the request that the units be limited to

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four units at the site which we can discuss with the board we're certainly happy to try to

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accommodate that request and a temporary variance of three years so to better understand uh the

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issue with this property this is a i'm sorry i don't know why it's not moving to the photos

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directly i'm going to scroll down to the phone so this the location of this property as you can see

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from this overhead map we're right here right near actually Spring Garden Street and between

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We're right here, right near actually Spring Garden Street and between Green Street and Spring Garden Street.

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Here, right across from us is a large apartment building.

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So while there are other residential single family houses, it's also been in a location very close to a large commercial thoroughfare as well as a large building across with very dense use.

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the building itself is also part of two addresses 555 to 57 and it's actually a large building

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covering a double lot with an interesting design inside which is better shown through the plants

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but i'm going to show the photos first to show the board the current conditions of the interior

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after they purchased the property my clients applied for permits had stem plants and fully

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fitted out the space as you see in these photos again their intent from the beginning was to do

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airbnb style use of the property that's why they applied for the limited lodging and was granted

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that permit they applied for the renovations and again was granted that permit they haven't had any

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real issues with their use for all these years nobody's really complained trash is actually

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stored within a court that is inside the property until pickup and at which point it is brought out

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so to better see what we're talking about with regard to this particular property we need to

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look closely at the floor plans however i want to point out to the board here if you look right here

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these plans were originally approved back in 2021 by the city so these this renovation was not done

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uh without the city's knowledge it was actually done openly with their approval

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for the basis of limited lodging and this kind of a use and the plans basically lays out

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there are three floors to the property and there's there's an open court as well but the floor plans

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layout as follows the basement is set up as essentially storage utility storage spaces but

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it is open and there are storage spaces and again stairs leading up for this area then once you get

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the first floor it's a double width uh type uh building so it's a very wide building when you

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enter you have the visitor units set up they have one two here an office here but really that's

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also essentially a unit so one two you have another unit here which is a third unit they

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were using this particular unit the only one with the kitchen as their living accommodations within

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And here is actually glass sliding patio doors leading out to an open courtyard that is within

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the property itself. Once you move upstairs, there are additional units that is accessed

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by a central stairway. So you have additional units here, here, and also a unit in the back.

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And again, that is replicated also on the upper floors all the way to, I'm sorry,

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all the way to the fourth floor, which is a shorter floor.

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And again, these were all set up as lodging units, individual lodging units.

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So they all come with a bathroom and a bedroom.

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It's essentially how they're set up.

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They are, in fact, already set up in a way that would allow visitor accommodation as

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the alternative.

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My clients intend to continue to reside here.

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So they manage this directly.

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They are the ones that use the platform to get the people to come in.

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They're the ones that manage the trash.

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They want to make sure that they have good occupants, that they don't party, make noise,

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and destroy the properties.

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And again, they've been doing this since actually 2022.

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So this is not new to them.

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Sam, by the way, how many kitchens altogether?

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One kitchen.

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And how many units?

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Uh, total there's 10, um, 10 bed.

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I believe there's 10 bedrooms.

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Well, if I, if I may, like units, 10 bedrooms, right.

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10 bedroom, you have one bathroom.

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I'm one, one, uh, only one kitchen.

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The kitchen is also occupied by the owners themselves.

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So nobody has access to the kitchen.

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No, they don't cook.

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Um, there's no cooking.

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They just rent out for the rooms for, yeah.

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Now, we understand the situation is that the city has come back to my client primarily

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forcing them to do this visitor accommodation because of the number of bedrooms.

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forcing them to do this visitor accommodation because of the number of bedrooms. They said that

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even though it's a single family house set up, due to the number of bedrooms and the structure

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that is there, visitor accommodation is the only permit they would accept to allow them to continue

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to operate. So they were ceased operation back in 2025 after they were operating under the limited

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lodging for many years with renewals. When the city inspector came in, they said, no,

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you need visitor accommodation that is why we're before the board today with regard to the history

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again if the board wants to see the permits from prior applications I'm happy to show them they're

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not included in this particular exhibit but they they have from the beginning when they purchased

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property acquired every permit needed both for renovation and also for their operations

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to the best of their knowledge, staying legal in their operation.

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And unfortunately, because of the way they renovated, what the city should have done

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at the time was to advise them to give visitor accommodation, but that didn't happen until

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just last year.

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So that is why we're before the board with this particular layout, seeking visitor accommodation

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units.

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With regard to the RCO's request to keep it as no more than four rented units, we propose

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that we certainly can revise the way the rooms are laid out to kind of make them into suites

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so there will be only four rental suites at a time we don't have an issue of managing that property

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in that format so and that is essentially the application uh before the board i would argue

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there is a hardship not created by my client but rather by the city allowing my client from the

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beginning uh to have the renovations done they have invested a substantial amount of money into

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