civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

uh dan do you adopt uh my testimony that you've heard today as your own um and can you um certify

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that it's accurate i do uh and it is accurate yes thank you thank you any questions from the board

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no anyone else would like to testify in this case if so please raise your hand

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no more hands mr chair thank you planning commission property is indicated for ron bednar

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city planning sorry this property is indicated for residential use on the city plan

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proposal is consistent with the comprehensive port comprehensive plan support for accessory

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dwelling units and existing accessory structures. Therefore, we have no objection to the ground.

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Thank you, Ron. 002041, 101 East Sedgwick Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Number 11.

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Thank you very much.

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Thank you.

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Which one is next, Frank? There's one that I'm missing.

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101 Ellsworth.

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I have that. Calendar number 0051, 101 Ellsworth Street.

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So Chair, Yan Jin has his hand raised. I will promote him to panelist right now.

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Mr. Jin is our panelist.

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Good evening, Mr. Jin.

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Please identify yourself for the record.

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Good evening.

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Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103,

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here on behalf of the applicant.

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Thank you.

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Swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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Please proceed.

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Sarah, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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30 agree to waive the reading of the refusal and stipulate to its

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I do.

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Have you also emailed an exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal, referral, photos, and plans five days prior to this hearing?

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

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I have, and we do have the letter, and it was submitted.

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Thank you. You may proceed.

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Thank you. Good evening.

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this is an application for lot line relocation. We were actually before the zoning board once before

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with this case and due to the number of changes made on the overall design,

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the board asked us to obtain permission to obtain a new refusal from LNI and then come back before

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the board. I'm going to go ahead and share my documentation so this way we can re-look at

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this application. We sent the updated refusal along with the prior refusal to the board,

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the community letter and support from Pennsport Civic Associations, photos, plans, tax compliance,

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deed, appeal, and the hearing confirmation. The updated refusal is due to the fact that we had

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redesigned this project with rear access parking as part of what the community and the developer

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negotiated during our meetings with them. Because of this change, some of the parcel

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rear yard space has been reduced as compared to the original, while the lot sizes have not changed

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and the proposed open area did change due to, again, the parking being part of the rear of the

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parcel at this point. If we compare it to the prior refusal, one of the primary things we

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have removed from that refusal is the need for parking. So I'm sorry, the need for parking that

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it's access from the rear rather than being accessed from the street. So from the perspective,

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the overall design, really not a whole lot has changed from the last time we presented

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to the board, except that we are now providing again, this access driveway, and this was requested

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and approved by the community to provide parking spaces.

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Let me zoom in because I can see

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this is very difficult to read.

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Let me zoom into the plan better

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so we can see it more clearly.

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Is this sufficiently large for the board to see clearly

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or should I zoom in further?

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Just tiny bit more.

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Sure.

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that's good that's good thank you so this is a proposed driveway in the back that allows

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each of the new units to have a off-street parking space and as a result what we did with the space

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is to have a little bit of overhang on the upper floor which took away slight bit of the open space

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in the back it did change the design slightly however by providing these parking spaces

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the committee felt that it's still a better design than the original. The proposal again is for a

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subdivision of what used to be a very large parcel into five separate parcels and each of these

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parcels would then be built as a single family dwelling. The actual parcel right now is the

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combination of the parcels actually covers the entire corner and a deep part of the block by

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redesigning this what we have done is we have made the parcels five individual parcels that are

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very consistent to what is now there on the block and our height and design would also be consistent

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generally to the neighbor's properties because of the depth of the lot even with five parcels

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the width of the buildings are almost 20 feet in width which is if it goes any greater it would

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actually be out of character with the neighborhood. So as a result we have the final design as five

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units single family access from Ellsworth Street with the parking in the rear access from front

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south front street i'm going to go ahead and go down to the

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floor plans for the board so that it's so this is the uh rendering of what the

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end result would look like and we have the layout here of each floor starting from the basement

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first floor where the parking is and the upper floors again this is a single family design

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so these are designed to be

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So these are designed to be household living

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and for sale for those who's interested in purchasing.

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The community, again, supported our application.

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As you can see that the community

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spoke with, met with us multiple times

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and they were aware of all the ongoing issues

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with the refusal and after the modification and design including providing the rear access parking

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to each unit and only one curb cut located on front street they support the application for

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variants that we're seeking before the board. I'm open to any questions and I will now

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also share some photos with the board. This is the existing property. This is at one point

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used as a community center, but it's been vacant for some time. And all this will actually be

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demolished when the new construction takes place. Do you have a client you want to bring on?

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Yes, I should have either Grace or Ms. Peggy Tang waiting.

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Teng has her hand raised and I will come up and I will allow her to speak right now sir thank you

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Ms. Teng good evening ma'am please identify yourself for the record spell your last name

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last name is Teng T-A-N-G first name P-E-I-H-O-N-G

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You're in the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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Thank you.

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Ms. Tang, you heard my testimony and representation to the zoning board, including the updated refusal and the changes.

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Can you verify that what I have presented is true and correct and adopted as your own testimony?

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Yes, I do.

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Thank you.

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Thank you.

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Questions from the board?

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no

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

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there's no one else Mr. Chair thank you planning commission on Bednar city planning

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this property is indicated for single family residential in the comprehensive plan it is

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zone for that use. The proposal is consistent with the surrounding development context therefore we

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have no objection to the grounding of the variance. Thank you Ron. Mr. Jenner is there any revised

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plans? Well since we have the revised refusal Mr. Chairman I do not believe we need any

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okay good enough thank you thank you zero zero zero zero five one one oh one Ellsworth Street

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my vote is yes my vote is yes my vote is yes my vote is yes thank you thank you

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Calendar number 0301, 1026 Pine Street.

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Mr. Daniel Mita has his hand raised.

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I will allow him to speak right now, Mr. Chair.

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Thank you.

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please identify yourself for the record and i'll swear you in

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good evening uh this is dan meta uh of duane morris representing the uh applicant and owner

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mrs christina house the media would you please spell your last name m-i-t-a

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and you swear and affirm to tell the truth the whole truth nothing but the truth

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I do. I'm sorry. Could we pause for one second? Jason, can you promote him to panelists,

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please? He's now a panelist. Excellent. Here we are.

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Hello, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, with one caveat, which is that the rejection mentioned that the applicant was in connection with a visitor accommodation.

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a visitor accommodation. And in fact, it's somewhere in between there. So I'll just reserve

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And in fact, it's...

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that of record. And I'll be glad to expound on that as we go through the presentation.

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Okay. And have you also emailed an exhibit packet with the required documents consisting of proof

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of ownership, tax compliance, refusal or referral, photos and plans five days prior to this hearing?

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

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Yes, Madam Vice Chair, we do.

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Thank you, you may proceed.

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Thank you very much.

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Well, thank you for bearing with us.

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If it pleases the board, we're here to present the,

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we're applying for a zoning variance

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in connection with a use of 1026 Pine Street,

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unit number five which is a three-story trinity home of four floors including the basement

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this as a traditional trinity in philadelphia it's a little over a thousand square feet of

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improved space sitting on a lot of 273 square feet so it's a typical stacked room per room

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The applicant purchased the property back in 2015 and has been using the property for several years prior to 2018 for short-term rental stays consistent with an Airbnb, if you will.

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um it came to the applicant's light uh knowledge that they had to acquire the proper permits and

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license that the city has for such use and in the process of applying for it uh realized that the

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current zoning uh is incongruent with uh her use of the property as an airbnb and just by way of

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background um the property could be used for a series of evenings uh or it could be for weeks

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uh etc thereafter uh and even there's been some instances of uh individuals staying for you know

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over 30 days excuse me counselor you have any you have pictures or drawings yep yes i do

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So I'm adjusting to the virtual platform, so bear with me here.

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I will share my screen.

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Sorry, I'm having some issues with my computer.

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Can you see my screen now?

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yes okay great um bear with me uh as i kind of muddle through this if you will on the technical

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side so uh you'll see the property itself we'll go to a visual and i'll give you some um uh we'll

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we'll get into uh pictures of the actual home itself but just so you can see it um we're in

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between 11th street and 10th street in the washington square neighborhood uh just south

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of pine street and there's actually in the vicinity here if you can see my cursor off waverly

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there's a cloister of uh homes that open up into this courtyard space right here uh and that is

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uh kind of the general area i'm now going to shift over to uh our application packet which contains

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pictures of the home of the both the cloister and then can actually show the residents as well so

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this is kind of the the cloister area I mentioned earlier where you have this very nice well-appointed

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kind of bucolic courtyard here sounding like a realtor right now that's probably an upgrade

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and then we have here the kitchen here you can see kind of the well window looking out

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but it's your typical trinity where you'll have a kitchen in the bottom a sitting room another

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sitting room and then a bedroom it's a one bedroom there's sometimes a cream two in there but that's

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a kind of the sitting area on the second floor if you will and these are these are actually taken

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off the the airbnb page the applicant uses this is the the bathroom

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the airbnb page uh the applicant uses this is the the bathroom

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another kind of sitting area off the stairs

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and then the uh the single bedroom

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and that's a thousand square feet uh 1095 square feet it's you know the wide angle lenses really

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do a miracle job. Right. Invite the space. But so it is very cozy. But one of the interesting

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things about this, you know, it being a typical Trinity, as you kind of highlighted with this

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space, Madam Vice Chair, is this is really kind of habitable for one purpose. And I mean, you have

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the one single bedroom, not one person, but it's a single occupancy, one bedroom unit, if you will.

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um so what it does is for the purpose of kind of airbnbs and short-term stays like that

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because you have a much smaller living space you have a different type of

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individual that's going to be going in here usually one or two people a couple

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um and it's there's not a lot of if you've been in trinity it's not a lot of space for

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entertaining things of that sort so um it's well situated for the kind of quieter area

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um in connection with the application uh also submitted uh uh for your review uh there are

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uh four neighbors uh at 1028 unit 3 1028 unit 8 1026 unit 6 and 1026 unit 3a all of which are

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neighboring uh these are all street addresses on pine street uh neighboring the property that

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we're voicing uh support for the variance uh submission um and uh one of the things that

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been acclaimed is that it you know it's been running smoothly it's you know it's unfortunate

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there's this uh the need for the variance but insofar as practically it's been used

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for this kind of short-term lodging use there have been no issues and the neighbors have been

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it's been a pleasant experience if you will. Are there any immediate questions before the board

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before I kind of get into the elucidating kind of the discrepancy and the rejection and kind of

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what it is exactly, what relief the applicant is looking for.

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Any board members?

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No.

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And Mr. Amita, if you could summarize, that would be helpful.

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Yes, I'd be glad to.

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So practically speaking, the unit has been used for an Airbnb kind of short-term temporary

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lodging that has a lot more flexibility dexterity than uh what you otherwise would have uh you know

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the other forms that are uh more tailored in the zoning code uh would be things like hotels uh bed

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