civus
Hearing video

ZBA Hearing - November 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 10, 20216h 2m

Record

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My notes indicate we have

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not yet received a letter from the 32nd

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Democrat Ward

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Ms. Pritzker

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please identify yourself

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you're still under oath from earlier today

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And Chairman

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is Brandon

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Hello everybody

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Oh Brandon, sorry about that

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No problem Mr. Chair

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Please spell your full name for the record, and I'll swear you in.

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B-R-A-N-D-O-N, S as in Sam, A, V as in Victor, R-A-N.

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And do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you. Ms. Tenere has some questions for you.

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Good afternoon. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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yes to all of the above and on the letter um i'm i did i was cc'd on the email my paralegal

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emailed that into the rco box and um i believe to to sharon but um i can share it on the screen

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um we do have it mr savran before you go any further carol uh would you want to hear the

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other case 30 20 32 north 18th street also at the same time yeah they are the same uh same

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shape property same proposed development same refusal um down the block from one another so

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that was let me let me read that in carol as well all right that's uh case number three on our list

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MI 2021-001974

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2032

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North 18th Street.

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Again, that's RCO

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is the 32nd

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Democrat Ward.

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Thank you.

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And again, you're waiving the reading of the refusal

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and stipulating to that accuracy.

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And yes or no?

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Yes, Madam Chair.

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And you've also emailed the exhibit

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packet with proof of ownership

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tax compliance, a copy of the refusal

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order referral photos under plans the property five days in advance of this hearing and have

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five days in advance of this hearing and have you met with the rco and do you have a letter

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you met with the rco and do you have a letter

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yes and likewise for both properties we have a letter of non-opposition from the

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you may proceed on both cases oh and very briefly i i just um i want to say thank you to the

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chairman for his um service over uh years here and decades for the city in case i do not appear here

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again soon. So thank you very much, Mr. Chair. Thank you very much. Appreciate that. Thank you.

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We'd like you, Brendan. Thank you for saying that. Well, it's well-deserved. It's not easy.

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Thank you. So the same developer is the applicant for both properties. Their name is Samar Capital

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Inc. They are the property owner of both. The two principals are Anand Kumar and Krishan

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Saini. They are a father and son duo. So let me share my screen here. All right.

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Well, you don't need that. That's the list of cases. Here we go. Okay. So this is the block.

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um this is 18th street between norris and fontaine um in north philadelphia so one of the properties

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we're speaking about is 2020 north 18th there and the other is 2032 north 18th um and i'm sorry just

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here we go okay so here's a rendering um of what we're proposing to build on each property it's a

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three-story duplex, no roof deck. This happens to be the refusal for 2020, but it's identical

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for 2032. The only refusal is the duplex use. And we have a letter, I can show you both of

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those, of non-opposition on each property. This was penned by Judith Robinson, who is the zoning

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chair of the 32nd Democratic Board, RCO. You'll see on both forms, she indicates her reason for

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non-opposition is change of design. That means that we eliminated the roof deck that was proposed

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for each building. We did submit a revised plan sheet for each property and a proviso change form.

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it's one sheet per property. She also notes that we offered a sanitation plan. So I'm not sure,

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I'll leave it to the board to determine with which if any of these can be written as provisos. But

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what I came to an agreement with her on was the following, having an in-sync disposal in each

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unit in each building having a trash compactor like a kitchen trash compactor in each unit in

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each building and having a ventilated trash closet in each unit in each building and that basically

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means that it has a fan um i'm sorry not a fan an air duct like a like a bathroom would that that

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you know a vent that that goes into a duct that allows exhaust to get to the outside um so you

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know if if the board is open to those three items being provisos i i would do that out of respect

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for the ward um but sabrin uh as it relates to that trash room we were talking about is well

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that is that reflected in the plan yeah um you know what mr chair let me um let the architect

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that'll cover the issue of trash yeah that's that's fair um let's see what um mr dry the

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architect has to say there. And with that, let me make sure I have nothing else to add.

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You know, to provide a brief statement of hardship here. So if you go back to Atlas and look at the

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block, I counted on our side of the block 13 non-vacant lots, 13 lots of buildings on them.

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I didn't really look at the other side of the street. There's not a lot of properties that

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face the block on that other side. But of those 13 properties, 10 of them per the zoning archive

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are permitted for two-family use or multifamily use. So this is really, in short, a duplex block.

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That's what this is. And the zoning code doesn't allow us to build new structures that follow

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that, we think that's a hardship. We just want to build a building on each property that conforms

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to the use pattern of the block. So with that, Logan Dry of KCA Architecture, are you available

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to testify? Yep, I'm here. Okay. Hey, Logan.

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yep i'm here okay hey logan

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mr dry please uh spell your full name and i'll swear you in

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sure logan l-o-g-a-n last name dry d-r-y kca design sorry you finish i'm sorry uh kca design

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associate 6525 tulip street philadelphia pa do you swear for him to tell the truth the whole truth

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nothing but the truth i do thank you mr saverin okay mr dry um let you tell me do you want to

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start with uh 2020 or 2032 and i'll pull up the corresponding zoning sheet um either either or i

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mean again they're they're identical with with regard to the trash closet that would be um you

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know on the schematic sheets but here just so the board can see um you know this is the pilot house

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and roof deck that was originally designed and as you can see you know at the request of the

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community group we completely removed that from the design um so there's no longer a pilot house

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no longer a roof deck and again that had to do a lot with um just concerns the community had in

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general so we were you know more than willing to go ahead and remove that from each of these

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applications okay um and um logan do you i think we also have floor plans if if would that be

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helpful with regard to the trash question or you you can answer without me pulling them up if you

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want yeah i mean you know the sk sheet would be the floor plans but i can say again just from

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you know experience in designing these each unit um the ground floor has a trash closet right behind

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the kitchen they also have access to the rear yard so they could in theory keep their trash in either

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of those locations and then the second floor unit again has a ventilated trash closet located right

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behind the kitchen as well for again keeping all that trash inside that community groups like to

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see until uh trash day in which case it would be taken you know out to the street for collection

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okay yeah that that answers the question or the issue of the proviso that i believe the community

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wanted so okay um okay i i really um i think that's that's all we have unless the board has

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any questions i have none frank you're muted again any questions from the board no mr chairman

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would anyone else like to testify in this case if so please raise your hand

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and these cases, I should say, plural.

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No hands at this time, Chair.

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Thank you.

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Planning Commission?

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This is Ron Bednar, City Planning.

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First name Ron, R-O-N, last name Bednar, B-E-D, and A-R.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth?

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I do.

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Thank you, Ron.

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Please proceed.

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So these two properties are indicated for residential

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on the city plan given if their physical conditions and the surrounding use context we

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recommend that the both requested variances for 2020 and 2035 north 18th street be granted

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thank you MI 2021 that's 001 973 2020 north 18th street is there one page of revised plan

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Mr. Saverin? Yeah, that's correct. My vote is yes with revised plan one page approved today.

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Carol Tenere, my vote is yes with proviso.

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James Snell, yes with proviso. Thomas Holloman, yes with proviso.

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And case number MI 2021-001974, 2032 North 18th Street. My vote is yes with proviso.

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Revised plan one page approved today. Carol Tenere, my vote is yes with proviso.

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James Snell, my vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.

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Thank you. Okay, case number four, MI 2021-002493. It's 2350 East Cumberland Street. Robert Cole is the attorney of record. Old Richmond Civics Association sent a letter of support. And Councilman Mark Squillis sent a letter of non-opposition.

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Mr. Cole is coming in now as a panelist thank you

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Mr. Cole you can unmute yourself and wait for the chair

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Mr. Cole please

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Mr. Cole, please identify yourselves by your name and I'll swear you in.

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Good afternoon, Chairman and Board Members. My name is Robert, R-O-B-E-R-T. Last name is Cole,

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C-O-L-E. I'm attorney for the Applicant East Cumbie Properties, LLC.

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We're affirmed to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you. Ms. Canary has some questions for you.

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Good afternoon. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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We do to all of you both.

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Okay, great. You may proceed.

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Thank you again. If I may, I'm here today.

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on behalf of 2350 East Cumberland Properties LLC. With me is John Skanga. He is the managing member

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of that LLC. We're here today in essence to request what was previously

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Zoning at 2350 East Cumberland as an RSA-5 to be a variance to an RM-1.

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In 1997, the property was pursuant to a zoning hearing, 97-0543, re-zoned to a three-family dwelling unit with a rear one-family dwelling unit at 2371 East Letterly Street.

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My client purchased the property in June of 2017. With that understanding, I understand further that sometime back in 1959, 2350 East Cumberland Street was in fact zoned for a three-family unit.

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There have been five tenants, three at 2350 East Cumberland Street and two at 2371 East Letterly Street living at the property since before my clients took ownership of the property.

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They have, in essence, since purchase, been attempting to become legal, so to speak, and gain the required five-unit housing license, but have been told repeatedly only one unit was available, and they have been attempting to correct the situation ever since.

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If I may, I'm glad to share my screen as the board sees appropriate.

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We do have a copy of the deed evidencing my client's ownership of the property as of June of 2017.

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The RCO approval that was granted in August of 2021, a letter of support by the RCO tax

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clearance as well and again what we are looking to do here today is to continue providing the

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residential rental that was in existence at the time my client purchased the property

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same tenants stable situation for them without rent increases and to provide the same level

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of care regarding the residential rental for this property.

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However, my client simply has been unable,

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despite the 1997 zoning approval

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to change the one-unit classification to four-unit.

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In that case, we are seeking to have

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a five-unit rental variance established for this property.

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If the board would like, I'm glad to show a copy of the RCO support letter, if I may, and of course the tax clearance and whatever other documents that the board may like to see.

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we do have photos of the exterior of 2350 East Cumberland, the exterior of 2371 East

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as well as photos of each of the individual units.

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as well as photos of each of the individual units among those properties.

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I believe it's also important to indicate that my client has done no work on the property.

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They haven't made any additions.

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They purchased the property as it is.

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It is now as it was back in 2017 when they purchased.

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So we're not seeking to change the structure, make any additions, do any work to these properties.

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We're simply trying to get legal in that we're trying to get housing licenses that fit the number of tenants that have been residing in the property.

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Mr. Cole, if you could just show us the tax clearance.

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And if you could just get some interior photos or plans.

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Just briefly.

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Is the board able to view my screen?

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We only see you at the moment.

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Okay, we have the tax clearance now.

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And if you can get some interior plans.

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Do forgive my slow computer.

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No worries.

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No worries.

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I'll show unit number one of 2350 East Cumberland.

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Again, I have each separated by unit number.

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Okay.

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Thank you.

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Are the board members able to?

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Yes.

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Yes, we have that.

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Thank you.

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I don't know. Does the board have any questions?

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No.

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No, Mr. Chair.

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All right. Mr. Cole, if you have your client, we can get your client to adopt your testimony.

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Sure. If I may call John Skanga. John, if you're out there, please identify yourself.

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Mr. Skanga, you can unmute yourself and wait for the chair.

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yes i'm here mr chairman all right mr stanga please spell your last name and i'll swear you

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in john sure uh s g a n g a first name do you swear for him to tell the truth the whole truth

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nothing but the truth uh yes i do yes sir thank you mr cole thank you john you've heard everything

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