civus
Hearing video

ZBA Hearing - December 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 11, 20247h 26m

And there's their bedrooms.

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This is a notice to the RCO.

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This is a notice. This is a posting.

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this is a copy of them having zero realty taxes due and then this is a letter of support from the

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rco and that's the end of my presentation and i'm here could you bring could you bring your

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client on please yes one second uh dr dash

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do you see his client

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there she is

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Dr. Dish has been allowed to speak

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could you please state your name and spell for the court stenographer

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good morning my name is Dr. Shrolana Dash

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s-h-i-r-l-a-n-a

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last name dash

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d-a-s-h

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we're affirmed to tell the truth the whole truth

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and nothing but the truth yes sir

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I do please proceed

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counsel good morning

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Dr. Dash good morning

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have you heard my presentation

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regarding 1307 West Susquehanna Avenue

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yes I have

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do you verify that it's true and adopt

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my statements yes I do

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questions from the board questions from the board um yes are there plans to uh house anyone in the

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basement no they're not and my other question is uh since you've been operating has there been any

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kind of complaints or whatever from the near neighbors no we have not not we have not received

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any complaints, ma'am. Okay. Thank you. You're welcome. Questions from the board? Yes. My

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questions. What age of residents are we talking about here? Their homeless services. Anyone from

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the age of 18 to 70 can be a resident based on referral by the Office of Homeless Services with

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the city oh okay that's where you get the yes ma'am we get them from the services and the services

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provided are just you know shelter food yes food shelter and case management services we have case

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managers on site to provide service yes all right okay thank you you're welcome ma'am is there a 24

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hour oversight yes there's 24 hour staffing seven days a week 365 days a year including holidays

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yes and how many clients how many clients in that location we have three looking to expand it

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we have two other adjoining properties that are likewise being utilized according to their zoning

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so a total of how many total of many i think the one house has 10 i think that is 10 that would be

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23 so that particular house so your council said we'll have no more than nine yes sir okay

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the questions are three levels and each they're three story properties each of them that one yes

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other questions from the board

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questions or comments from our attorney mr chair

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Questions or comments from the virtual audience?

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David DeFecto with the City Planning Commission, Chairman and Board Members.

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The comprehensive plan recommends no change to the RM1 residential multifamily zoning at this location.

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The zoning of this property dates to the original zoning maps adopted by Council in 1933.

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The appellant has shown that proposed use will not cause detrimental impacts beyond what would reasonably be expected.

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The City Planning Commission recommends the board grant a requested special exception for a personal care home.

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MI 2023-000-66633, 1307 West Susquehanna Avenue, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Iowan, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Number four, MI 2023-005-586-1206 Annan Street, Clemente Amazon is the attorney.

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There is unanimous non-opposition from the Pachong Square Civic Association.

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Fementa Imadon will be rejoining us as a panelist.

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Thank you.

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good morning chairman members of the board

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morning counsel could you please state your name and spell for the court stenographer

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of course clementa amazon that's spelled c-l-e-m-e-n-t-a last name is spelled a-m-a-z-a-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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Yes, I do.

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I don't see counsel on the screen.

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Do you have your video on, counsel?

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My video is on. Are the other board members having issues seeing me?

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We don't see you. Oh, there you go. There you go.

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I see you now.

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Now? Okay.

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you disappeared again

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oh

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I can see myself on the screen

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can you guys see me now

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no

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well

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yeah

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why don't you start sharing your screen Clemente

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see if that how that works

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okay

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there you go

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All right. Number one, could you please state your name and spell for the court stenographer?

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Of course. Clemente Amazon, spelled C-L-E-M-E-N-T-A. Last name is spelled A-M-A-Z-A-N.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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

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Of course. My client is Amanda Tersky. She is the owner of the property, along with her husband, Joel Tersky.

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our vice chair has a few questions good morning council do you agree to wait the reading of the

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refusal or stipulate to its accuracy yes i do have you emailed in all the required documents

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and exhibits as needed and required to proceed with this case five days in advance of this hearing

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yes we have thank you council please proceed you've already shared your

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thank you as was mentioned previously today i'll be presenting 1206 annon street during my

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presentation i will review the refusal we did receive a letter of non-opposition from the rco

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a prior zoning permit that was issued for the property in 2001 exterior photos including the

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posting photo of the property interior photos of both units they'll notice that was sent to

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the community regarding the meeting our certificates of mailing showing that the

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notice was in fact sent to all addresses as required by the city the application for appeal

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project information form disease showing that my client and minette excuse me my client amanda

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and joel chersky on the property and the certificate of tax clearance

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we are looking to have the use reinstated for a duplex as you will see in my presentation

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although the property is owned rsa 5 in 2001 a zoning permit was issued to allow for the use

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of a duplex. My client purchased the property. It was already fitted out as a duplex. It was

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listed to her as a duplex. We did attempt to resolve this issue administratively. However,

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We did attempt to resolve this issue administratively, however, because a rental license was not pulled, we now have to go through the zoning process once again.

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because a rental license was not.

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We did meet with the community on November 12th, and we did receive a letter of non-opposition 7-0.

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During the vote, it was raised if anyone was in opposition to the project.

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No one voted in opposition, so we did receive unanimous non-opposition.

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The opportunity to provide unanimous support was not provided.

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And as I mentioned, this is a pre-existing use, as we'll see, we do have a zoning permit

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that was issued in, excuse me, September 13th, 2001.

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We did attempt to use this permit in an effort to obtain a rental license for the duplex

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use.

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However, because a rental license was not pulled immediately after the issuance of this

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permit in 2001 from the prior owner, my client was unable to move forward with the zoning

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administratively to reinstate that duplex use here we have a photo of the exterior of the

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property prior to the posting and here we have a photo of the posting of the property the property

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was timely posted for the hearing and we do have more plans again this is a pre-existing duplex

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use that we are looking to legalize we have the basement you enter from the first floor

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there's a vestibule area you can make your right to enter the lower level unit which is a two

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bedroom there's one bedroom in the front and one bedroom in the year rear with the living room and

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kitchen and bath if you're going to the upper level unit you enter through the first floor and

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you go up the stairs at which point you can enter the living room dining and kitchen area

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there is one bedroom in the rear as well as a bath and then the third floor is available for

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that unit as well with two bedrooms and here we have photos of the interior of the property for

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the first floor unit and as contact my client did previously live in this property when she

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initially purchased it and rented out one unit she has since moved out although she does live nearby

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and she's currently listing both units so this again is a photo of the lower level unit

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unit, the bedroom for that particular unit, another shot of the bedroom.

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And here we have the rear yard that's available to that lower level unit.

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This is also where trash is stored for that particular unit.

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And here we have photos of the second unit on the second and third floors.

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Here we have the home office, a photo of the kitchen and living area as well as a photo

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the bedroom another photo of the kitchen area one of the bathrooms bedroom what's been converted

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into a bit of a closet storage and here we have the notice that we sent out on october 29th

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regarding the cba hearing that is scheduled for today at 9 30 as well as the community meeting

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that was scheduled on november 12th a copy of the refusal was sent out with that notice again

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we are looking to reinstate a pre-existing use for this property that was granted in 2001

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most of the properties that were notified of that november 12th community meeting

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the certificate of mailing showing that we did in fact send that notice out as required by the city

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our application for appeal that was submitted in connection to this particular project

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the project information form

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and the deed um where my clients did best interest in the property

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suits herself and her husband although she did initially purchase this property in 2004.

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and our certificate of tax clearance so with that um if i can have my client amanda tersky

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i believe she's in the virtual audience raise her hand

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we share her hand

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yes chair she's been allowed to speak hi could you please state your name and spell for the

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court stenographer hi my name is amanda tersky a-m-a-n-d-a t as in tom you are s as in sam

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

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yes i do please proceed council amanda did you hear my presentation today yes

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and was it true and correct yes and would you adopt it as your own testimony yes thank you

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council there's there's no living space in the basement am i correct

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that is correct all right thank you questions on the board

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Did I hear correctly that the property was purchased by your client in 2000?

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correctly that the property was purchased by your client in 2004 council yes my client purchased

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the property prior to her being married in 2004 they were active indeed that was provided um

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includes her husband how long did you stay here less than an hour ish ish please proceed okay

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She invested in the property to herself and her husband in 2013, I believe.

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I see.

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So she lived in the property from 2004 to 2013, using it as, was it duplexed then when she purchased it?

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Yes, it was duplexed then.

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It's continuous use.

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As I mentioned, the reason we weren't able to move forward administratively was because the rental license was not pulled at the time that we initially, or the prior owner, received the zoning permit.

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But it has been continuously used as a duplex.

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When she lived in it, she was renting one unit.

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Thereafter, when she moved out, she rented out that first floor unit.

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So it's always been a duplex dating back to 2001 when we had that zoning permit.

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Okay.

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Okay. And you say that she was renting out the property before?

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Yes.

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Yeah.

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Yeah.

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Yeah.

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She was renting out one unit when she lived in it, which predated the requirement for the rental license.

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Once the requirement was issued, she did not obtain the zoning permit.

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She was, excuse me, the rental license.

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She was unaware of that.

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And so now we have to go through the zoning once again to legalize it properly and pull the rental license.

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Thank you.

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Other questions from the board?

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Questions or comments from our attorney?

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No, Chair.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David Fecto with the City Planning Commission.

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Chairman and Board members, the comprehensive plan recommends no change

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changed to the RSA 5 residential single-family zoning at this location.

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The City changed the zoning maps in this neighborhood in 1998 in a community-supported map change.

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At that time, the zoning of this property was zoned R10, which became RM1 residential

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multifamily with the adoption of the new zoning code.

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This appears to be a legalization of a previous legally constructed duplex.

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the city planning commission recommends the board grant the requested use variants for two

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dwelling units thank you mi 2023 005 586 1206 annon street i vote yes michael johns my vote is yes

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cheryl gaston my vote is yes

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