civus
Hearing video

ZBA Hearing - March 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 17, 20215h 37m

times with the property owner as i mentioned it is um an active uh uh you know cemetery there was

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there were no places aside from this particular location that weren't being uh currently used uh

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for for uh resting places for people or slated to be used um for for uh resting places plots

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sold things of that nature so when i tell you out of all the acreage this was the truly only

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location where we could put this tower um that's that's why we ended up where we ended up it was

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it was basically trying to work with the landlord to uh come up with a spot that wouldn't impact

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his business wouldn't impact uh things um uh you know the goings on at the cemetery uh so we were

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relegated uh to to this particular area can i ask you a question counselor yes sir could a different

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landlord be feasible um a different landlord you said the only way you can locate this uh tower

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was the restrictions that the landlord had the cemetery had yes correct that's the only

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spot you could find on that site yes yes well what about another site that would be within the code

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um so uh in in looking to uh in looking at this particular search ring uh radio frequency um uh

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engineers need us to be. It's almost like a honeycomb situation. We need to be in this particular location, generally, and we scrub the area looking for existing.

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generally. And we scrubbed the area looking for existing tall structures that we could utilize

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so we wouldn't have to build a tower, you know, rooftops, something of that nature. There was

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nothing tall enough. So we had to propose a new tower. And in doing that, as we all know, this

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is a densely residential area, thus the increase for the need and coverage and capacity.

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So this site, this property was was really the only viable property to place a tower with the restrictions we had with our own network and and and solving the capacity and coverage issues.

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But you also had a restriction of 500 feet.

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Yes. Yes. And there was truly.

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We tried to work it every which way possible to manage and try to, you know, not have to

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ask for that particular relief, but we just, there was truly nowhere else on the property

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that we could do it, so we had to request the relief that we are requesting.

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Thank you.

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Sure.

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uh secretary plaza thank you for indulging us um given the appellant's additional testimony

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uh we believe that the proposed variances meet the code criteria for wireless service towers

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and so the city planning commission would recommend that the board grant the variances

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thank you uh carol are you ready to vote this case

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Excuse me, this is Sharon Salette, if I could interrupt for just one minute.

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Mr. Couchet, can you tell me, you sent me the revised plans as a separate exhibit, but

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are all of the pages that you sent, is it necessary for all of those to be stamped?

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the revised plans only need to show the pages that reflect the changes right yes um that that

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is correct so no I I would say uh Ms. Suleta it it really would be the first and second page

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um frankly uh that that just shows the distance um that's the change where we we moved the site

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back off of Wollston per request. So it really would be pages one and two.

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Thank you very much.

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Thank you.

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Sharon, can you read the calendar number and the address? I'm away from my desk. I don't have the paperwork in front of me.

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Of course, it is. One second. MI 2020, 000252, 1743 East Washington Lane.

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Thanks, Sharon. This record is now closed. We're going to vote this case at the two o'clock,

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the start of the two o'clock session after we do a little internal discussion.

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uh we gotta wait for carol too so two o'clock we wrote this matter okay okay is that okay

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yes that's fine thank you confessor thank you thank you all very much likewise

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sharon you got the next uh record uh in here i do yes sure thank you you're welcome um next is

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MI 2020, 000346, 2340 Orthodox Street. The owner is representing himself. His name is Daniel Marino.

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Thank you. Mr. Marino has been promoted to panelists.

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Hi, yes, I'm sorry. My looks like my camera isn't working. It's a picture of my dog. I'm sorry.

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Okay, Mr. Marino, can you put your name and address for the record, please?

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Yes, sir. Daniel Marino, D-A-N-I-E-L, last name M-A-R-I-N-O, address 2340 Orthodox Street.

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You swear in the firm to tell the truth, the whole truth, for nothing but the truth?

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Yes, sir.

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Thank you. Also, have you submitted proof of ownership, required documents, proof of ownership, tax compliance, deed, photos and plans of the property?

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Yes, I've done all of that with one exception. I did not submit it five days in advance, for which I greatly apologize. It was submitted two days in advance, but it has been submitted.

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Yes, I've done all of that with one exception. I did not submit it five days in advance.

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Okay. Sharon, have you done it?

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Yes, my understanding is this is Mr. Marino's first time presenting. There were some technical issues. We were in touch, so I think it's fine for him to go forward.

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Okay. Also, have you met with the RCO and have a letter?

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Yes, sir. That letter should have been mailed over to the board as well. In addition, I have a copy

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if you would like it again, but we do have the letter. Okay. Please proceed. Sure. So our case,

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I hopefully I'll be presenting it correctly. Again, this is my very first time. So my wife and I,

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she's on the call, Laura Marino, although I don't think she'll be speaking. She's at work currently,

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purchased this house under the understanding that it was a valid two-family structure.

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This was back in 2019.

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It was sold to us as a licensed duplex.

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That was being very charitable.

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I'm going to say miscommunication on the part of the realtor.

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It is, in fact, CMX2 zoning, which requires there to be a special dispensation for the-

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Mr. Marino, sorry to interrupt.

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Do you have any exhibit that you can share?

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Certainly, sir.

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I'll share that right now.

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Thank you.

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um so this is the uh the refusal we got here uh the very i'll i'll demonstrate the rest of the

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the exhibits in a second but simply the issue is this that there must be a commercial space

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in the first 30 feet of the building this um entire block of orthodox if not the two or three

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blocks adjacent are all residential this building could never be i don't know how it would be

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commercial it's been converted to residential long before we had purchased it the front room

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is a kitchen. In fact, I'll show that to you right now. This is the front room of our house,

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this is a kitchen. I apologize for the mess, but it very clearly this could not, in fact,

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require great work to convert it to a commercial space, if anything. So what we're requesting is

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simply the ability to have this as a dual family unit. We're not asking for any changes to be made,

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Absolutely no work of any kind to be done. If anything, it's the opposite. It would require

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great work to have this place meet code as it currently stands as a partial commercial space.

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Yeah, I think it's really that simple. I don't know that I have any other exhibits that are

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of merit. Yeah, I'm open to any questions, but I think it really is that simple.

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excuse me sir yes how many meters in the on the property total is the property total

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is already separated no sir it's a it's a duplex one on top of the other um so it's it's the meters

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you have separate meters oh i'm sorry sir electric meters and gas meters yes we do

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thank you yes too yep yeah it was it is for all intents and purposes if you were to walk up and

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look at it, a completely legitimate two-family. In fact, it was sold to us as a quote-unquote

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legal triplex, which we declined. We did not want to convert it to a triplex, and also that would

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be illegal, we found out afterwards. Again, very charitably saying the realtor misled us, but yeah.

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Thank you. Yes.

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Is that it with your presentation? I believe so. Again, this is my first time,

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so if I missed anything, I apologize. I'm open to any questions, but I can't think of anything

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else that's meritorious relating to why this should be a two-family as opposed to family

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and commercial. Thank you. Anyone else here in this matter?

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Secretary, we have Sloan Folks. Mr. Folks, you've been unmuted. Please wait for the secretary.

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Mr. Folks

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Good morning, Secretary

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My name is Sloan Folks

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I'm S-L-O-A-N-E-F

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I'm S-L-O-A-N-E-F-I-R-O-L-K-S

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Office of Council in Maria

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Cananda Sanchez from 508 City Hall

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Mr. Folks, you

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swore and affirm the truth

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the whole truth for nothing but the truth?

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Yes, we do, sir. Thank you. We just would like to, we're interested in finding out the outcome of the RCO meeting. We didn't receive a letter from the RCO. We know the RCO worked with the applicant to put together a meeting, I believe it was on the 15th or the 14th. We would just like to know the outcome of that meeting. I know there's a letter there. We'd just like to know what the letter states.

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We just like to look at the letter states.

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Certainly. Yes, of course. I apologize for not mentioning.

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Certainly.

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Yes, of course.

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I apologize for not mentioning that.

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I have it up here on my screen.

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I will zoom in on it here.

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So, again, this was a pre-COVID originally, and we had a meeting set up.

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We had letters sent out to all, I think it was over 200 addresses.

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Now, more recently, the meeting was set up with not enough time for that, so we actually went door to door to as many houses as we could to ask if they would attend this Zoom meeting on short notice.

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Five people attended.

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You can see right here in the middle.

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the the board had votes of three yay support and meeting attendees were five yay as well

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again we explained to them we're not asking for any special dispensation or we're not asking for

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any work to be done simply to treat this existing two-family residence as what it is a two-family

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residence thank you in light of that letter the councilman's office has no opposition to

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uh this famous request thank you thank you mr folks uh anyone else here in this matter

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i see no hands secretary

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thank you planning commission thank you secretary plaza ian hegarty for the philadelphia city

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planning commission comprehensive plan recommends a zoning map change to rm1 at this location

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orthodox street has not been a viable commercial corridor for many years this variance would

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legalize an existing use that conforms to the proposed zoning district so accordingly we would

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recommend that the board grant the variance thank you does the board has any question no no

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Thank you. Tom, you might read that information into the record.

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I'm sorry, were you asking me, Mr. Cossett? I can read it.

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Okay, sure. MI 2020 000346 2340 orthodox street.

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My vote is yes.

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My vote is yes. My vote is yes.

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Thank you. Good luck. Thank you very much. Thank you.

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would you like me to read the next case

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um i believe i believe number nine um actually i'm not sure if that was continued but number nine

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On MI 2020-0003042, 2455 North 29th Street, the attorney is Rachel Pritzker.

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Rachel Pritzker.

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Ms. Pritzker has been promoted to panelists.

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Thank you.

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Rachel, good morning.

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Are you swearing to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Yes.

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And you agree to waive the reading of its refusal and stipulate to attack mercy?

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Yes.

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Also, have you submitted the required document, proof of ownership, proof of tax compliance,

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copy of the referral or refusal of photos and plans five days prior to this hearing?

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Yes.

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Also, have you met with the RCO and have a letter?

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Yes.

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Thank you.

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Please proceed.

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Thank you.

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So this is 2455 North 29th Street.

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This is an existing structure in an RSA 5 zoning district.

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This property was actually approved for a variance for three-family unit, I think about

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10 years ago.

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However, they obtained the zoning permit and didn't subsequently obtain a CO within the

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allotted time.

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Once they went to submit the CO, we were asked to go back through the process.

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So essentially what we're asking for is the re-legalization of the previously legalized

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three-family dwelling at this existing structure.

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I believe our hardship is that this variance was granted and that it lapsed.

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All three tenants currently enjoy affordable rents of less than $750 a month, and all three

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units are in good condition as this building was renovated and they just wanted to go back

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through so that we could get a CO. We have a letter of non-opposition from the coordinating

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RCO. I'll share my screen. All the taxes are paid. Here's the deed.

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All the taxes are paid. Here's the deed.

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Again, this is the zoning map.

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As you can see, it's an existing structure. Here's the exterior photos of the property.

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Here's the interior. As you can see, it's already built out. This is the first floor unit.

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second floor unit, third floor unit, and the zoning posters on the property.

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I'm going to skip to, here's the zoning history, as you can see, for three units,

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which was granted and approved by the Zoning Board of Adjustment back in 2009.

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Here's that permit.

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And here's RCO notice letters.

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Certificate of mailing.

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Let me just make sure.

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I believe Ms. Cummings sent over, who is the coordinating RCO, sent over the letter of support, or the letter of non-opposition.

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I'm just going to pull that up. Give me one second.

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um non-opposition with provisos we met with strawberry mentioned community concern

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um who also had approved this back in 2009 the provisos were backyard wall we repaired

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most of this is stuff that I don't believe that the zoning board can add. However, I guess some

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of the, I guess I'll defer to Sharon on which one of these can be included via proviso. I know that

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the owner who's on the call has no issue with the other comments and has already made a lot of the

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updates that were requested. Excuse me, this is Sharon. The two provisos that can be added are

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trash stored indoors and commercial trash pickup.

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Okay, thanks.

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Thank you, is that it?

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Yes, that's it.

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I just would like Lizette's on the line.

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She is the owner.

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I would just like her to confirm my testimony, please.

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that's it great and unmuted please unmute yourself and please wait for the secretary

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