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Hearing video

ZBA Hearing - October 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20266h 42m

you know they didn't love that he was not there so um you know again we do meet the legal standard

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here we're not increasing congestion we're not creating a larger burden on utilities we're not

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changing the parking situation everything again just like the last one is staying exactly how

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it has been for two decades and i tried to sort of really hammer that point home and you know that

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the community is their prerogative to vote however they desire so the zoning classification is rsa5

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one thing i didn't mention is that my client has other multi-family properties on the block

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all legally all legal multi-family properties he's working with the tax review board on a

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He's working with the tax review board on a tax clearance issue and is still within the grace period to renew a rental license, but they're not a circumstance like this.

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tax clearance issue and is still within the grace period to

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Pay tax-wise?

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Yeah, yes.

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We haven't applied for a rental license, but the rental licenses on his other multifamilies on this block, 3715, 3717, and 3722, which are like right here.

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I mean, this is 3725.

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They had rental licenses beginning in 2009.

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so this is a different story here this is a photo of the front of the property i just wanted to make

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sure i included because the photo on google street view shows a lot of overgrowth here

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that's been taken care of here's a photo from 2014 showing two mailboxes again that was during

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the period of his ownership but you know it's still 12 years ago to show that there has been

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a continuous use here's the zoning photos my client manages the property himself he has a

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management company called Lineage Properties. It's based in North Philadelphia at Fifth and

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Oxford. They manage the other properties on the block, so they're on this block regularly.

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Here's the utility meters. You can see one for each unit and one for the common space.

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Very clearly not new utility meters. Interior photos. Part of the reason why my client is going

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through this process now is because the long-term tenants that were there are no longer there.

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So he did some cosmetic improvements to the property and thought that now is the best time

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to go through this process. So you can see an empty building structure here. No living in the

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basement. I included a photo. And then the plans and drawings. Again, the first floor is a one

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bedroom. There's a small room towards the back. I know, you know, Cheryl's not going to love that

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the bathroom is at the back of that first floor unit. But again, that's the existing condition

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of the property. There is access to the basement for that unit, but there's no living down there.

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And then upstairs, there's a bi-level that is three bed, two bath, lots of natural light in

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those bedrooms. My client rents the majority of his properties with vouchers, specifically with

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WAA, which is called Women's Against Abuse. They have multiple inspections per year. They've been

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them with them for about five years according to my client 90 of the tenants in this program don't

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have cars um so you know i don't think that we've this property has contributed to a parking issue

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but but especially uh renting um under that program and and the property's currently been

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vacant for six months for the duration of this process um and and as you said as you could see

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you know their properties up kept well cosmetic improvements um and again my client just you know

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wishes to to fall into conformance the rco notice uh went out in timely fashion proof of mailing

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application for the variance deed to the property

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and certificate of tax clearance with that i'd like to ask my client to adopt my testimony

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What's his name? Robert Nunez.

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Robert Nunez, please raise your virtual hand and wait to be sworn in.

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Mr. Chair, counsel, I do not see any hands raised.

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okay um okay uh you're an officer of the court um before i give to the board um as

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your partner always reminds me that you always get um people to sign for letters i i noticed

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there's nothing like this no no petition for this application all right all right i'm not

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not saying that's wrong no i'm just curious yeah all right questions from the board to be honest

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mr chair we weren't expecting to have community opposition uh because we felt like there would be

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more work involved complying with the code than obtaining this i have a question oh go ahead you

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go first i was just going to ask is there a rear yard or a rear balcony uh any outdoor there's a

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rear yard that's accessible by the first floor unit only thank you uh my question was just um

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was he when you were expecting your client to be here because he also wasn't at the meeting so i

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was just curious i was expecting my client to be here i knew that his daughter was coming to

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the community meeting because he had an obligation he couldn't get out of um but i i thought that

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he'd be here how long has your client owned the property under this llc since 2023 but

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under his control 2007 okay so a lot of the sort of concerns that were brought it seems by the

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concerns that were brought it seems by the community were while it was under his control

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community were while it was

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yeah i mean we're not disputing that he's owned the property for two decades and you know it has

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operated as a duplex i don't think that their concerns what i i didn't hear any concerns at

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the meeting about this property being a nuisance or like specific to this property i think they felt

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like it felt to me like they were viewing this as a new duplex on the block and that it was going to

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make parking worse add density create trash you know things like that and and my explanation was

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that really nothing should be changing i guess i have a question for you is because it does look

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like there were a lot of non-permitted renovations and changes that happened to this over the years

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that is what converted it um and in your conversations with your client i guess how

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do they plan to operate differently moving forward well first of all obtain a rental license if we're

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able to get this i mean they have they have an in they do their own property management that's

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done through a company right that they own it's called lineage property management they have a

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24-7 hotline they have a platform for for payments they you know do they have other

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rental units in this neighborhood yeah on this block okay yeah 3715 3717 and 3722 they also have

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3725 3725 and then 2716 north front so they're familiar with this block they they they're on

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this block regularly they have i guess that's the i guess that's the that's the kind of the

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concern that i have is that there he's on the block he's been on the block he's had this property

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for 10 years right and yet there's this huge opposition something's not right um just this

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seems odd that if you're in a neighborhood you own properties and on the particular block

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and people are coming out to oppose you and you've owned this place for 10 years and it's been

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and it's not legally you know it doesn't legally have a rental license yeah um i i'm that's i

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I guess, concerns that people had.

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That's my question.

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So the one thing I would say is,

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and maybe you don't know the answer,

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why would he make the other three right

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and never do this one?

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He had long-term tenants in the building,

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and I think he just didn't want to go through the process.

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And I'm just, not to be the dead horse,

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but the comments were that there were illegal renovations.

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for over 17 years to property.

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That was part of what was in the letter from the RCO.

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And then it says the rental license was inactive

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and that there were other homes on the block

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without rental licenses.

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And so the question is,

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is this that the community is saying

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not only were there no rental licenses for this property,

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but he has others where he didn't have rental licenses.

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and so i i you know i can i can understand where there might be a lot of concern about that so let

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me i can speak to both of those points so my client hasn't made any illegal renovations i

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don't know where that came from he's permitted to do certain cosmetic repairs without the necessity

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of building permits he's done those you saw from the interior photos we didn't testify at the

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meeting or today that we made any significant changes to the building structure because we

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haven't. Regarding his other properties, as I mentioned, he's dealing with a tax lien issue

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and the three properties he owns on the block, he had rental licenses beginning in 2009

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and they went inactive less than six months ago. He's been trying to get those rental licenses

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renewed. He has a tax issue. You have to be tax compliant to renew your rental licenses.

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It has nothing to do with this property. I understand that the community felt like because he hadn't renewed those rental licenses, which we explained he was working to accomplish, and by the way, he had had them for 17 years until they went inactive, again, less than six months ago.

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that and we have every intention of reviving them right he's he's not legally operating those

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properties he's trying to revive those rental licenses all right so let's let's get to the

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issues that we're more concerned about where's the trash stored good question so what they've

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been doing in the past is in the front of the property my suggestion to my client and we would

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agree to provide those is that the upper level unit stores their trash indoors and the lower

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level unit stores their trash in the rear yard. And that was something that we suggested at the

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And that was something that we suggested at the community meeting as well.

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community meeting as well. All right.

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All right.

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And then I guess, right, I think we would be, would your client be amenable to having a certificate of occupancy?

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We're part of the requirements here to address this whole issue about the possible unauthorized renovations.

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Okay.

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And then the other thing it seems to be a concern here is that what about emergency egress?

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in the property do you have uh the two means of ingress and egress for this property that you're

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supposed to have with fire code purposes so you know we'll make whatever modifications we have to

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under the building code to get a co i don't you know this property i don't see as much different

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than the one prior in terms of means of egress um i'm not a building code expert i believe that

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we're code compliant in terms of the egresses that we require that we have provided another

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thing that we suggested at the community meeting was that we would agree to have jacob's ladders

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in the upper level unit all right and do you know if you have the support from the two houses

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adjacent to the properties i i do not know i don't think there was nobody on our specific

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block that i'm aware of that was at this community meeting it was surrounding neighbors

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but we're not aware of any position of the adjacent neighbors questions from our attorney

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um i just wanted to make sure with regard to this property wouldn't you say the license the

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rental license lapsed this property has never had a rental license i was referring to to the

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other property okay but i just looked it up it said it was maybe it's been enacted for quite a

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while there might have been one for one unit okay yeah i just want to make sure i was we talked

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about different ones. I just want to make sure. Okay. Yep. Questions or comments from the virtual

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audience? Yes, Chair. I have a hand up from Charles Korn. I'll go ahead and promote him right

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now. Hi, Charles.

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yo hi sir could you please state and spell your name for the stenographer

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charles kahn c a r n do you swear or affirm to tell the truth the whole truth nothing but the

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truth sir yes sir uh please proceed good afternoon um as um the attorney uh noted this was assigned

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to another rco but we happen to step in and um to support the

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which is in the break it up charles

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Charles, you're breaking up.

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We're not hearing it, Charles.

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Mr. Kahn, you are breaking up.

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Yeah, I know.

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It says low bandwidth.

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Can I keep talking?

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Wani, are you in favor of this or against?

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Now, we're opposed to this. Based on a letter, the item's in there, rental license. Actually, they came up with these addresses, and we looked them up in the meeting, and none of them had a license, a rental license.

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OK, so and again, about the trash, the daughter wanted to put the trash on the lawn and trash containment.

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However, in that community, we got a lot of raccoons and possums and we addressed that about the egress.

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We had a problem with that. We thought it was overuse.

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He has brought quite a bit of the properties on the block and they all have the same issue if you drive down 16th Street.

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So we opposed it totally.

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We think it's overused, that's all.

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Do you have any questions?

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I don't.

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I would just say it's the existing use of the property.

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Yep.

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Okay.

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Mr. Korn, thank you for taking the time to call.

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Thank you.

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Appreciate it.

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Right.

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Thank you all.

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Is there anyone else in the first audience?

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Chair, I do not see any further hands.

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Planning Commission.

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amy boy with the planning commission the comprehensive plan recommends no change in

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change in zoning.

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zoning at this location from the current rsa 5 residential single family there is no evidence

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that the i'm sorry um let me start over comprehensive plan recommends no change in

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zoning at this location from the current rsa 5 residential single family the property was remapped

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from RM1 residential multifamily

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in 2021, and there

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is evidence that the property was used as

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two-family since before the remapping.

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The Planning Commission recommends that the

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Board grant their requested variance for two-family.

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I'm going to

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hold this, and not for

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two weeks. We'll do it next

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Wednesday at 2 o'clock. The 28th.

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The 28th.

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I just want to talk to everybody.

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There really are some complexities.

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Totally fine. May I make just one brief statement?

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Three.

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Okay. So I think that we, by the letter of the law, I believe that we meet the legal standard here for a hardship. This is not self-created. It sounds like, and I wasn't aware of this, this used to be zoned RM1, which is maybe how these two units got here. We're fully in agreement to obtain a CO.

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i understand the reservations about my clients i would say delay in in you know activating this

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property the proper ways but i don't see that this application is much different than the one

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for a mifflin that was just previously granted under very similar circumstances well i think

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it's a little bit different okay i mean she didn't know three other properties on the block that had

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problems still i mean it's a simple answer but i hear okay so why don't we move on to number eight

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you're 88 right 89 and my 20 26 003 945 1221 pine street just state for the record state your

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name alex goldberg all right um mr goldberg could you identify your client a relationship to the

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property uh sure my client is 1221 pine 1 llc and its representative greg keelan is sitting to my

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