civus
Hearing video

ZBA Hearing - April 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 24, 20246h 7m

on a letter

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the RCO was received yesterday and the tax clearance

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yesterday, but I've sent all those documents as of

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yesterday or this morning over to everybody.

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Thank you, Council. Please proceed and share the screen.

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If I may, may I share my screen or is it shared?

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It's not shared. You may share it. Please proceed.

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We can see it now.

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Okay.

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Okay, so this is 2005 South 4th Street.

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Some of you may be familiar. It's in South Philadelphia.

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It's just off of, just north of Snyder Avenue.

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It's sort of the last remaining lot here.

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And I'm here this morning with the architect who's done the plans for the property.

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This is a request per the refusal, and the lot runs from 4th Street through to Moyamensing.

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The request is to put a duplex, which faces 4th Street, with a garage facing Moyamensing

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with the entrance and exit on Moyamensing Street.

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So it would be completely new construction.

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The property is in a single-family district, but the corner property is multifamily.

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This is the block.

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Across the street, there's four units.

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I think it's in a condo or an apartment setup.

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What I'd like to do is have Jerry Gutierrez, if he can raise his hand and be sworn in,

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he's the architect of record and he would be able to speak more definitively to the plan either the

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one i have here or anything that he wants to share if i may jerry can you be noted

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i have napoleon gutierrez's hand who's raised allow them to speak thank you okay

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good morning could you please state your name good morning my name is napoleon gutierrez

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napoleon is spelled n-a-p-o-l-e-o-n gutierrez is spelled g-u-t-i-e-r-r-e-z my nickname is jerry

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if that's easier for anybody do you swear for him to tell the truth the whole truth nothing but the

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truth? I do. And you're the architect? I am. Please proceed, counsel. Thank you. Jerry,

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do you want to use my drawings? Is that okay? Can you see those on the screen? Yes, I can see

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the screen. Thank you. Okay. So could you explain briefly, having been sworn in, what

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So could you explain briefly, having been sworn in, what the owner trying to win is actually the owner of Jack's Investment Group, but this is going through his LLC.

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Can you explain what we have here and go from there?

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Yes, of course.

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Thank you, Roger.

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The owner or client stated to us that he would like to develop the property for two dwelling units.

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He's currently living or co-housing with his sister, basically two families.

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His sister has two children.

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He has two children, and they're currently sharing a house on the eastern side of South Philly.

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And as much as he loves living with his sister, he would like a little bit more independence, which is why he wants to have a duplex unit on this property, along with a parking garage facing Moya Mensing.

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The property actually, historically, before the buildings were demolished, had a single family with a garage accessed off Moy Messing, very similar to all the other properties to the right of this property.

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So the duplex unit is accessed directly off of 4th Street.

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They go into a common vestibule and then the first unit is the first and second floor along with the basement.

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And the floor plans will show this, Roger.

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So there's the common vestibule off of the first floor coming off of 4th Street.

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so you turn left and you go into the unit number one which again is the cellar the first floor and

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the second floor and then the stair then continues all the way up to the third floor and the fourth

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floor which constitutes unit number two there is a proposed roof deck which is accessed off of unit

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unit number two only.

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Both units will share a backyard area which is open and then they also have access to

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your Moya Mensing via either the alley which is gated will allow you to get onto Moya Mensing.

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If there are any more questions, I'm happy to answer them.

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Well, do you think, based on your experience, and you've done, I know, hundreds of properties,

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that this particular use will adversely affect either the public safety, health, or welfare in this neighborhood?

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I do not.

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And this property is fairly close to Snyder Avenue, is it not?

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It is.

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And Snyder Avenue is an access, you know, to Center City and Broad Street and so forth.

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And there's also mixed use in terms of commercial and apartments.

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Yes.

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Counsel, let me ask you this.

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What, the property next door, is that a single home or multi-unit?

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I think the property next door is this one.

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And I think this is a...

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Well, where's your property?

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Show me your property.

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uh property is right over here so the that one on the corner is multi how about the next one

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um the next is a street i think well do you know what these are jerry

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as i understand it uh so the property was a single parcel that was developed into

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four uh single family condominium units sharing a driveway in the middle that accesses the the

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parking garages okay our property is located to the right of this property this is that's correct

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all right and so the property next to your client going south what is that uh going south that's a

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good question let me look do you know what this property is over here i believe that is well all

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the properties south uh are zoned single family single family okay and then and then muy mensing

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avenue where that you can enter for a garage is that whole block garages yeah most going south

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towards uh snyder here so you see seven and so forth and on more immensely

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And on Moyen-Mensing, okay, do you know what these along here on Moyen-Mensing, Jerry?

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Yes. A majority of the existing parcels south of our property enjoys the same kind of configuration, homes, properties facing 4th Street, with garages being accessed off of Moyen-Mensing.

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and that goes like that completely south to snyder that's that's correct although i i'm not

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sure exactly i i believe corner properties uh on these blocks typically have a mixed

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use commercial designation okay all right um you want to bring your owner on mr perry

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yeah I don't know

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I didn't see if Jack was on

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it would be Twang Nguyen

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Jack Nguyen

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is he on the

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yes they have been allowed to speak

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thank you

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could you please state your name and spell for the stenographer

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Jack Nguyen please unmute and wait to be sworn in

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i'm all right mr chair i believe that they may still be having technical difficulties on their

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end it's no mr perry you're an officer of the court will will consider your testimony

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we'll take your testimony questions or comments from the board no mr chairman

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no chair questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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kate mooney has their hand raised i've allowed them to speak

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good morning could you please state your name and spell it for the sonographer good morning

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mr chair my name is kate mooney k-a-t-e last name mooney m-o-o-n-e-y you swear or affirm to

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tell the truth the whole truth nothing but the truth i do are you a neighbor i am please proceed

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um so i live at the block just north of this on fourth street and the block on moya mensing

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that's being proposed for the garage use um is frankly an ice war block a number of cars

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utilize the sidewalk of Moyamensing as driveways in front of these garages. And frankly, it's

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difficult to traverse without cutting into the street. I'm looking currently at the street view.

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There are two beautiful single-family homes on the corner that have taken advantage of the wide

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sidewalks of Moyamensing Avenue. And, you know, I would, if we're going to allow

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variances for things like this.

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It should really be in the best interest of the neighborhood.

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And I just honestly, as a neighbor, don't think that this single-story garage

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is in the best interest moving forward in the neighborhood.

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Thank you for taking the time to call us.

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We appreciate it.

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Is there anyone else in the virtual audience?

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Unless, Mr. Chair, Dr. Wynn had their hand raised again.

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Do I allow them to try to speak this time?

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Sure.

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Jack Nguyen, please unmute and wait to be sworn in.

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We're going to move on.

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No one else in the virtual audience?

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No further answer, Mr. Chair.

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Planning Commission.

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Hi, Meg Cavanagh, Planning Commission staff.

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The comprehensive plan recommends no change to the existing single family residential zoning

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at this location. There is no unique physical condition or circumstance that would prevent

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the property from being used in conformance with the zoning code. The City Planning Commission

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recommends that the Board deny the use variance for two-family household living.

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Thank you. MI 2023-006887-2005 South 4th Street, I vote no.

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Thomas Holloman, my vote is no.

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Ishmael Shaheed, my vote is no.

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Thank you, counsel.

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Thank you, sir.

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Number 14, MI 2023, 006-888, 4823 Longshore Avenue.

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Alan Notkinson is the attorney.

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There's a letter of non-opposition from the Taconi Civic Association.

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I'm back in as a panelist.

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I'll come back in as a panelist.

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Thank you.

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Thank you.

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Good morning, Mr. Nockamson.

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Good morning.

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Would you please state your name and spell for the stenographer?

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Yes, my name is Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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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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Could you identify your client in a relationship to this property?

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Yes.

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My client is 4823 Longshore F. LLC, and in the virtual audience is its member, Danielio Burgos.

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Our vice chair has a few questions.

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Good morning, counsel.

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Do you agree to leave the reading of the refusal or stipulate to its accuracy?

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I do.

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have you emailed in all the required documents and exhibits that is needed

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to proceed with this case five days in advance of this hearing

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yes we have thank you counsel please proceed and share your screen

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all right so we're here to present 4823 longshore avenue um which is on a commercial corner

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However, this is a CMX2 property, excuse me, and we're trying to use this property for visitor accommodation use.

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So during our presentation, we'll review the notice of refusal or letter of non-opposition from the Taconi Civic Association, nearby Airbnb listings, because it's not uncommon to have Airbnb listings in this neighborhood,

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Reviews about my client from occupants of this property who used it for Airbnb use.

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Maps of the area.

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Interior photographs of the property so you can see how nice the condition of the property is from the inside.

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And then also photographs from outside the property and then surrounding the area.

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Simple floor plans showing the layout of the property.

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Our RCO meeting notice, our application for appeal, the deeds of property showing that 4823 Longshore Ave LLC is the owner of the property, and a certificate of tax clearance.

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Again, at the conclusion of my presentation, I would ask that Danilo virtually raise his hand, be sworn in, and then we'll have a few questions for him.

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Alan, before you start, just so we're all on the same page, in 2012, it was approved for four units?

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Yes. Right. And then there was plans for zoning permit for lot line adjustment and the plan chose seven units. So it went from four to seven.

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I'm not familiar with that. I can ask my client, although he purchased it in 2021. So I could quickly look at that. So Hillary, am I correct in asking that so we at least understand where we are with that?

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yeah so the the lot line um the permit for the lot line relocation did not include a change of

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use however there were plans with it that showed that there were now seven dwelling units plus the

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commercial space um so it was the we were just a little bit confused as to like the last approval

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being four dwelling units and now seven and as you know in visitor accommodations the number of

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units doesn't matter um but it was just a little bit confusing because it was noted on the refusal

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that it was previously approved for four and now there are seven um we're also confused as to

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whether the commercial use was remaining or whether that had been converted to a residential

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dwelling unit yeah i think when we go through the floor plans we can go through that and then

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And, you know, again, I have Mr. Brogos online who can answer some of those questions as well.

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All right. Thank you.

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Hi. Yeah.

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So, yes, as Ms. Emerson stated, with visitor accommodation use, there's no requirement, you know, to have in the permits how many units we're just using for visitor accommodations.

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But, again, we did not apply for this.

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Our clients originally applied for it.

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So I guess there was some indication in the notice of refusal itself for seven units.

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So we did get a letter of non-opposition from the Tonkoni Group.

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Again, my client's a well-known entity in this neighborhood.

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They do a lot of business in this neighborhood.

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They personally help support the commercial corridor through their efforts.

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And, you know, we're not too far off of 95.

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So, you know, there's definitely a need within this community for Airbnb use.

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and then again not uncommon people who are looking for a cheaper airbnb use

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And then again, not uncommon. People who are looking for a cheaper Airbnb use, not looking to get a traditional hotel in Center City, Philadelphia and wants to be close to 95.

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And what we see is in a lot of neighborhoods, people have overflowed during the holiday season and they, you know, they can't accommodate having all their family members in their house.

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So this is a different way of helping out neighborhoods through like these cheaper versions of visitor accommodations.

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And you can see there's a substantial amount in this close proximity right here.

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And then my client is not only well-regarded in the community, but within the Airbnb community as well.

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This is just an example of some of the reviews they have.

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And just as just as an aside, you know, again, just like, you know, landlords get reviewed, so do tenants.

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And there are some preventive measures my client puts together for his Airbnb occupants, first of which the tenants have to be reviewed.

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You know, he's not going to just approve anyone. So the tenant has to have good reviews.

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And if any tenant proposed tenant, you know, has any negative reviews, he's disinclined to rent to them.

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So they at least have to have one minimum review, and it has to be good.

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