civus
Hearing video

ZBA Hearing - February 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 8, 20234h 56m

are we ready um a few minutes people are still coming in

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Okay, Chair, we have 29 attendees, and we can start when you wish.

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Okay. Good morning. My name is Ishmael Shaheed, and I'll be chairing this morning's ZBA hearings.

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With me today is Thomas Holloman, board member.

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President, Mr. Chairman.

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James Snell, board member.

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President, Mr. Chairman.

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Also present here with us today, we have one alternate, LeBaron, is with us, and he's from the city with us.

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And we also have our attorney, Hillary Emerson, the board attorney, Lakeisha Dandy, ZBA hearing supervisor.

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Before I begin, careful on our virtual format.

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Number one, please be advised.

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The proceedings are being recorded.

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A video will be available by contacting Tanya Sunke.

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number two for the benefit of our court sonographer we ask of the attorney witnesses

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to identify themselves before testifying number three if you are participating by phone and you

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wish to testify please press star nine to write to raise your hand and star six to unmute to enter

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an appearance statement, call 215-270-5548 and leave an email or voicemail of the address

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of the property in question. Lastly, the questions answer box on the screen is not for comments

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or for testimony. All comments should be directed to our executive director, Tyen Sun.

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we move on first we're to our add-ons for 9 30

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mr chair we can start with the continuances okay and then move on to our add-ons yes um so we have

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multiple requests for continuances um the first request is number one on the list mi-2022-005

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222 1604 spruce street this is the first listing

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all right moving to can't to continue this okay so that's continued okay next case mr share

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um number two mi-2022 005 204 1721 lombard street this is also a first listing

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okay we'll like to continue number two okay

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moving to uh number six on the list um mi-2022-005-284-109 renard harris this is also a

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first listing all right first listen we're going to continue this case okay uh the next case is

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number 10 mi-2022-002121202 spruce street this is a request for continuance second listing

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continuing granite okay um

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are there any other are there any other requests for continuances

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in the virtual audience

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good morning chair this is patina l i see no hands thank you moving on to the add-ons

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No exhibits next.

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No exhibits.

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Okay, first, we have number four on the list, MI-2022-001-992-4101 Germantown Avenue.

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Julio Garcia is the listed applicant.

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Charlie and Sookie Cho are the listed owners.

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We have no exhibits, and this is the second listing.

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second listing second to listen this will we'll continue this again and it'll be the last and final

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a second to listen.

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We'll continue this again.

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continues okay do we have anybody in the audience uh present for this case yes we have charles

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richardson good morning mr vice chair good morning mr richardson please state your name

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and spell it for the record? Charles Richardson, Office of Councilwoman Cindy Bass, R-I-C-H-A-R-D-S-O-N,

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room 508 City Hall. Thank you. You swear to tell the truth, nothing but the truth and the

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entire truth. I do, sir. Asking that this case be, if it's being continued again, it needs,

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because they have not reached out to the RCO, I checked with them yesterday, that this case

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be listed as must be tried.

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And if they don't appear the next time,

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then you guys can dismiss the case.

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Okay.

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All right.

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Anyone else in the audience?

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I see no handshare.

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Case will be continued and must be tried

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on the next date given.

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Hi, Mr. Chair.

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The next case with no exhibits

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is number five mi-2022-005-263-854 corinthian avenue we have christopher fisher listed as

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the owner applicant no exhibits first listing okay do we have do we have anyone in the audience

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to speak on this case i see no hands chair this case will be continued

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and the last uh actually second to last case um on the no exhibits list number 15

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that is mi-2022-005-273-744 lombard street amy shin is the listed applicant beyond properties

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llc slash shin properties llc are the listed owners we have no exhibits this is the first

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listening okay do we have anyone in the audience to speak into in reference to this case yes chair

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we have amy shin please let her in

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hi hi my name is amy yes please state your name and spell the photo record for the court recorder

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yes amy shin uh a-m-y-s-h-i-n you swear to tell the truth the whole truth and nothing but the

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truth yes please proceed

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hi um so um i own i co-own the property with my husband and the property was previously uh dry

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clean a dry cleaning business but uh they went out of business during covid so um we've been

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trying to set up other uh business okay um so this this this case needs to be heard by an attorney

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um because this is uh under a business name we have to continue this case uh because it has to

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be heard by an attorney because it's in a business name okay gotcha and ma'am um this is the this is

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board counsel hillary emerson um we also do not receive any exhibits um there's a set of exhibits

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that are required to be received by the board um five days in advance of the hearing and as

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the chair indicated because this property is owned in the name of a business entity you must

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be represented by an attorney before the zoning board okay okay so so hi my name is james shin

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j-a-m-e-s excuse me excuse me excuse me please please state your name to spell it for the record

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and let's get you on the record and swear you win sure my name is james shin okay

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j a m e s s h i n you swear to tell the truth the whole truth and nothing but the truth

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yes please proceed yeah so um we went to neighborhood zoning meeting they didn't tell

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me tell us anything about hiring a lawyer so you're saying that now we we need to hire a lawyer

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Any time you come in front of the ZBA board and you own a property in your personal name, you are able to defend and represent yourself.

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When it's in a business name and it has different components associated with it, you must have an attorney to represent you on this case.

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Hillary, would you like to add anything else to that?

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Hillary, would you like to add anything else to that?

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No, I was just going to say if you have

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No, I was just going to say, if you have further questions, please contact the zoning board office.

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The staff will put the email and the phone number in the chat for you.

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Okay, sure. Thank you.

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All right. Thank you.

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So this case right here will be MI-2022-005273 will be continued.

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and one more mr chair um number 16 mi-2022-005-179-9568 wally avenue jose munkin

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um is the owner applicant um we only received photos um and did not receive the rest of the

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required exhibits okay do we have someone in the audience to speak in reference to this case

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chair we have mr munkin please let him in

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sir please unmute yourself

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Mr. Munkin please unmute yourself and state your name

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and spell it for the record

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Josa Munkin

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J-O-S-A

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Munkin M-U-N-C-A-N

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Thank you do you swear to tell the truth

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the whole truth and nothing but the truth

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I do

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Please proceed

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I have a shed on a property

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that was put about

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four and a half years ago

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after I purchased the home

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and

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it was

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put six feet and three inches

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from the property line.

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I hired a...

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Sir,

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exactly what we need is we need you to

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first contact our office,

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administrative office,

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and schedule

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a hearing because we have to continue this case

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because we only have photos so far

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outside of the other additional documents.

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What happened to the...

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I gave them path plan and I gave them in person I was at the zoning board that and there and I submitted all that stuff.

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Yeah, Mr. Munkin, there is a and I had emailed this to you a couple of days ago.

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There is a list of documents that you need to submit, not just photos and plans.

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So there's a list that you need to submit five days in advance of your hearing.

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We did not receive those documents, so this case will need to be continued.

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I was at the community, and they had a bad plan and plan for the actual shed, including with the pictures, and they emailed me.

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I'm sorry, sir.

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This is Tanya Sunkit, the board director.

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We have stated you are not prepared to go forward.

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Please realize that you must reach out to the office to obtain the proper information to go forward with this case.

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Thank you so kindly. Chair, you may continue.

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Thank you. So that case will be continued.

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We have no other cases for continuances, withdrawals, or no exhibits, Mr. Chair.

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You can proceed to the add-ons.

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Okay. Thank you so much, Hillary.

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So number one on the add-on list, MI-2022-002378, 3107 Clifford Street, Allen-Knockinson.

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attorney for owner

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Ryan Campbell and Carrie Ewing

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Allen

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Mr. Chair

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this case we are announcing a change in the

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vote time date and time of the vote

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yes

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just read what's in the

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caps Mr. Chair

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sure this case will be now voted on on

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Wednesday for a vote

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um my vote on this case um we did hear from um the audio the open audience of board members and

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uh the planning commission so my vote is yes on this vote mr chair we're not we're not yeah just

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read we're not voting this case until next week now the clifford street case it'll now be voted

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on wednesday february 15th at 9 30. oh okay okay i see it excuse me that's okay so yeah we'll be

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pushing this one over to next week and then mr chair just one change the case that we were

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initially going to hear first um we're going to need to push it to the end because of time

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constraints so we can go ahead and start with number three on the regular list

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Okay, so going on to number three, MI2022-005265-7323, Bryan Street, lead diplomat.

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73-23, Bryan Street, Lee Demento, the owner's applicant. This is the second hearing on this

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case. This is the second hearing on this case? That's what I have here. Second listing. Oh,

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second listening okay um hi this is leah di mateo um l-e-a-h-d-i-m-a-t-t-e-o um start my video here

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

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i do all right i'm going to pass you off to our board member thomas holliman to

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read you off a few questions. Okay. And Mr. Chair, before he does that, let me just read

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the refusal into the record. This application is for four-family household living and for

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visitor accommodations in an existing structure, no sign included. There are three refusals. The

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proposed use visitor accommodations is prohibited in the RSA 3 zoning district. The proposed use

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multi-family household living is prohibited in the rsa3 zoning district and no more than

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one principal use is allowed in the rsa3 zoning district okay good morning madam good morning did

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i'm sorry you're breaking up

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I'm sorry.

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Can you hear me now?

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Yeah, there you go.

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You want to try it again, Tom?

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There you go.

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Good morning.

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Good morning.

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Did you email all of the existing documents as required?

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Yes.

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Did you email the RNCO?

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Did you have a letter?

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i think you're asking if i have a letter from the rco and the answer is yes yes

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i'm sorry i couldn't understand could you say he's breaking up a little bit so

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yeah did you email all the required exhibits five days in advance to our offices uh before

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Yes I did. All right please proceed and share your screen. Okay so first I just want to

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say that when I emailed the exhibits I also requested to withdraw our

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application for visitor accommodation only so I just want to proceed with the residential

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household living, multifamily, you know, changing it from three to four units.

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So here are all of our exhibits. Here's the deed for the property, which we purchased,

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my husband and I purchased in August 19, 2022.

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I'll just scroll down here.

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Do you need me to go through all the exhibits?

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Yes, for the most part.

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Okay.

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I got the tax certificate.

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I didn't see the refusal yet.

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Here's the refusal,

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