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Hearing audio

ZBA Hearing - February 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 4, 20264h 28m

could your client please state your name and spell for the sonographer

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Unmute, please.

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Could you unmute?

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That's it.

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

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Sandra Hemans, S-A-N-D-R-A, last name H-E-M-A-N-S.

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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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Yes.

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Counsel, please proceed.

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Thank you.

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Ms. Hammond, you heard the content of my presentation?

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Yes.

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And to the best of your ability, is that accurate?

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Yes.

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And do you adopt it as a testimony?

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Yes.

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Is there anything else you would like to add to what I have presented so far?

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um just that it would be i'm appealing hopefully to get this unit to remain a four

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because it would be a considerable hardship for me if it has to be less than four units

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hence the amount of time unfortunately that it has already taken me to get it up and in

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and i would just appreciate it questions from the board

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are these are all the units occupied yes so all the units are occupied can you go back to the

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unit layouts yes the floor plans

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so

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so you're so you have the garage what's the garage being used for because you've got

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parking in the rear for two cars you said so what's the garage being used for

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right now i just have it for storage that's it

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and the two units that are on the first floor they're just efficiency units is that what this

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is yes because i don't see it i see a bathroom and a room and a sink i don't see like a full

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kitchen like house where's the kitchen the kitchen where that sink is is that where the kitchen is

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yes it's like a kitchenette so that's in that that sort of hallway space or space across from

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the closet that's where the kitchen is that's the kitchenette for these basement units yes

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well the studios and the living sleeping area is the larger room

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any other questions yes where's the trash store for all the units

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the two efficiencies they like to use in the back of the building

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where the cards are parked for their trash cans and their recycling bins

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the other tenants they like to use the lower portion of the front porch to store to keep their

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cans

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other questions

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counsel i i i'm sure our attorney's going to explain it but

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we don't believe that the parking is legal in that back lot am i right hillary so would you

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want to take that that's that's correct there's no parking noted in the refusal and it doesn't

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look like there's actually curb cuts there it looks just like broken up curb for people driving

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over it um and i didn't see any prior permits for the parking um and because it's in the rear yard

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this is an rsa5 it probably would actually require a variance to have parking spaces there

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unfortunately that's not something that we can add to this application because it's change of use

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but i just wanted to flag that because you may want to submit a separate zoning permit application

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and get a variance to legalize that parking if you want to continue using it.

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um and and get a variance to legalize that parking if you want to continue using it thank you

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the questions or comments from the audience the virtual audience

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there there are no hands raised at this time planning commission

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

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zoning at this location from the current rsa5 residential single family this property has a

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documented history of of multi-family use and there is a 1959 permit to change from two to

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three family and a subsequent rental license for four family the planning commission recommends

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the board grant the requested variance for four family mi 2025 is zero zero four five seven three

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1715 68th Avenue. I vote yes.

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Can we provide though that the trash

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not be stored in the front of the house?

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It's not

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I'm sorry. It's not

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being stored at the front of the house. I believe

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it was moved

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from here

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to

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Ms. Jimine, is it here

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where you see the cursor?

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um yes i've originally placed all the garbage cans under the mailbox they didn't like it there

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so some put it in the back where it's convenient for them and the other remaining tenants they

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like to use this lower portion of the porch for their um trash can we say where we wanted to and

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not say we're not to or um we yeah it's hard because there's you know four different units

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with different entrances and different ways to access the trash um i mean in this case it may be

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it may be actually easier to say no storage of trash on um front porches okay um so let's go

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back mi 2025 004 573 17 15 68th avenue i vote yes with proviso no trash stored on front porches

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michael johnson my vote is yes with proviso charl cast and my vote is yes with proviso

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tenetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso

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thank you counsel thank you very much sure thank you thank thank you ma'am mi2025 005892 1341

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East Oxford Avenue. Kevin Goldsmith is the current owner. This is a pro se. There's a letter of

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support from Fishtown neighbors. The vote was 19 in support. Two of them were near neighbors. One

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in opposition. Three abstained. The letter of non-opposition from Councilmember Young.

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Chair, we have a hand raised from Trina Clark.

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um she submitted the exhibits we can see if um the owner is with her

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and i'm being advised that the owner is with her thank you

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good afternoon yes i do have the owner with me and we can present the okay so

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all right so the owner will be the one testifying okay yes okay so mr goldsmith could you please

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state your name and spelled for the stenographer yes good afternoon committee my name is kevin

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goldsmith k-e-v-i-n-g-o-l-d-s-m-i-t-h right do you swear or affirm to tell the truth the whole truth

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and nothing but the truth yes this application is for the relocation of lot lines to create two lots

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lot one and lot two from an existing single lot on each lot the existing three-story semi-detached

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structures to remain for use as single family and household living the minimum required side yard

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is five feet whereas 2.8 is proposed you have letter of support from Fishtown and non-opposition

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from Councilman Young

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and our Vice Chair

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has a few questions

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for you, sir.

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Good afternoon.

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Have you submitted

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your documents

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and exhibits

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five days

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in advance

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of this hearing?

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Yes.

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Okay.

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And the Chair

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just read your refusal.

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Do you waive

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your reading

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of the refusal

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and stipulate

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to its accuracy?

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Yes, I do.

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Okay.

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Thank you.

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You can share

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your screen

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and proceed

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with your case.

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okay mr goldsmith why don't you start and tell us what you want to do

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Okay. I'm having a hardship right now with a tangled title. I need to divide the deeds

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okay i'm having a hardship right now with a tangled title

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to separate single-family homes with separate OPA numbers. And there's no development and

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there's no construction going on. Everything is the way we purchase the homes.

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And both are single-family homes.

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Yes, correct. They have their own entry, own yards, own individual side entries. We did

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no construction this okay they have two separate opa numbers two separate waters uh bills and

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and two separate tax numbers already existing already so you want to create two lots yes

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because they're under 1d all right could you show us the rest of your photos

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okay we have we have all your documents that you submitted

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Right now, this is the property, my info as the property owner for 1341 East Oxford.

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Yep.

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And this is the OPA for 1343 showing that I'm the owner of another existing home.

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okay

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this is this is the deed yep

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now this is this is the zba posting that i put up for the committee for the fish town committee

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that's the zoning notice yep

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that's mr everett's letter and this is this is the approval from fishtown neighborhood association yep

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and now this is the plan in which i was approved also from the commission

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That's the survey, the survey report, now this is the floor plan for 1341 East Oxford

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shown that has its own floor plan and this is the floor plan for 1343 East Oxford Street the one

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next door. All right. So now these are pictures of 1341 East Oxford Street of the bathroom

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bedroom, and kitchen, and living room. Now these pictures are the house next door which

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is 1343 East Oxford, living room and kitchen also, bedroom, bathroom, and this is the exterior

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of their homes you can see one side is different compared to the other one two separate properties

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now this is the um information the um the proof of my mailing the receipts

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yep and also all the uh addresses for the letters that we sent out

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are you through yes questions from the board

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questions from our attorney Hillary Emerson

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um i just wanted to to note that um there is there are outstanding um taxes due on this property

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delinquent taxes so we will need to hold this until we have proof that those have been paid

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okay so yes ma'am i'm having trouble hearing you i'm a little hard of hearing so i might have um

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My expert dad had tried to help me interpret the questions so I can answer them correctly.

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Well, it wasn't a question.

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No, it wasn't a question.

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I was just letting you know that the board won't be able to vote on this today because there are delinquent taxes on the property.

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won't be able to vote on this today because there are delinquent taxes on the property

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yes that's that's one of the reasons why i'm here also because i went to apply

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to refinance and that's when it came up that they did not like to to borrow the money to to

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re um catch up with my taxes i was trying to refinance and the dj i was gonna say once we

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have um proof that i believe it's the 2025 taxes have been taken care of either by agreement or

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paid in full then the board will be able to vote on this matter okay this is the real estate taxes

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you're asking for that is correct okay for for both properties um well one one is caught up 1340

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uh i think 1341 is still owed for 2025 i believe yes yeah i could take care of that matter asap

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okay all right that'll be great just let us know and submit proof of that and then the

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board will be able to vote on this matter questions or comments from the virtual audience

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chair we have one hand up from robert uh fna zoning chair i think that's rco chair

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mr everett there i'm muted mr everett could you please state your name and spell for the

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stenographer yes uh robert first name rob e r t last name everett e v e r e double t

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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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yes i do please proceed sir uh just certain sweet we've thoroughly uh right behind kevin and his

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efforts to get his tangled title and his his issues cleared up so as soon as he gets that done and

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gets back to you we're fully in support all right thank you mr everett as usual um anyone else in

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the audience planning commission chair there are no hands at this time thank you i appreciate that

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Amy Boyd with the Planning Commission. The comprehensive plan recommends no change in zoning at this location from the current RSA 5 residential single family. The relocation of lot lines is proposed to reflect the separate attached row homes, bringing the properties more into alignment with the spirit of the code. The side yards configurations are existing. The Planning Commission recommends that the board grant the requested variances for side yard depth.

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all right so mr goldsmith you you've been told once you have that done just let us know and

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we'll get it back yes i will i will take care before the end of this week all right thank you

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very much i appreciate it thank you thank you thank you thank everyone and listening i appreciate it

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see i'll be with you in one minute

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MI-2025-006-132, 9533-35 Busselton Avenue, Gabriel Fellas, Alec Sokoloff, or the attorneys?

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They're being promoted to panelists, Jerry.

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All right.

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good afternoon chair members of the board mr sokolov how are you sir could you please state

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your name is spelled for the stenographer absolutely oleg sokolov oleg s-o-k-o-l-o-v

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

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I do uh could you identify your client a relationship to this property my client is

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saas financial llc on the line uh later for the board's questioning and adoption of testimony is

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agi george managing member of the limited liability company there's a letter of support

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with provisos from greater bustleton civic association our vice chair has a few questions

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sure good afternoon have you submitted your documents and exhibits five days in advance of

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this hearing uh good afternoon miss win yes we have okay it's miss graham but oh i'm sorry

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that's okay do you waive the reading note of refusal and stipulate to his accuracy

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yes we do i'm sorry i had a different screen i'm sorry i couldn't see who was talking but

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that's okay you can see your screen proceed with the case thank you very much

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all right is everybody able to see that

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Yeah. Great. So here we have an amended refusal. We originally submitted this. Well, let's go into the refusal. So this is located in CA1 district where personal vehicle repair and maintenance is prohibited.

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that is what we're seeking to do now the original refusal which I'll show and just in the context

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of working with the RCO was to use the property for both vehicle repair and a self

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to use the property for both vehicle repair and a self-serve car wash.

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After meetings with the RCO and hearing the RCO feedback,

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we have decided to omit the car wash aspect of this request.

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