civus
Hearing video

ZBA Hearing - February 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 26, 20258h 26m

Thank you.

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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, sir.

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Thank you.

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Our board member, Ms. Graham, has a few questions to ask.

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Good morning.

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Have you emailed all the required documents and exhibits needed to proceed with this case five days prior to this hearing?

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Yes, ma'am.

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With the exception, we updated with the letter of support, I believe, yesterday.

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Okay, thank you.

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And do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Thank you. You may proceed.

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Thank you so much.

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Can everyone see my screen?

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Yes. Okay, wonderful. So we're here today for 2909 West Girard Avenue. I have two folk with me, one, the owner, Gregory George, and also his newly designated property manager, Anthony Lolio, who has an expertise in managing short-term rental properties.

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Yes.

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Okay, wonderful. So we're here today for 2909.

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Before I go into the meat of the presentation, Mr. George has had this property for about eight years. He's lived in both units. He's had a legal limited lodging license permit for the units.

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And in advance and previous to the law change, he was doing short-term rental legally as well, always within the bounds of the requirements.

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He is now looking to, as the refusal states, visitor accommodations within an existing structure for the two units.

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It is in the RM1 zoning district.

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There are two pre-existing legal units.

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One unit is on the first floor with expansive use of a finished basement.

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That is a two-bedroom unit.

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There is no bedroom in the basement.

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The other unit spans the third and fourth floor, which, including the basement, is a fourth floor.

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but for architectural purposes it's second and third floor and that is a three-bedroom unit with

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with a deck the first floor unit has rear access to the yard and here in the appeal

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in my binder presentation just going to go through some housekeeping

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matters here's the application for appeal

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here are the plans that we can return to but again we aren't planning any changes this is a

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long-standing two-unit residential and just wanting to expand from the limited lodging

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to the visitor accommodation

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here are some pictures we also have access to some new photos from the airbnb listing that kind of

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show it in its present state and how well maintained it is for rental. We do also want

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the option to be able to have long-term rental. And the idea here is in this, excuse me, I'm

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getting over a chest cold if my voice gives out. In this area, there is limited options for families

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to come and stay and be comfortable, visiting nurses, things of that nature, people with

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those sort of jobs and interests, be able to stay comfortably as a family.

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As we get to the RCO notification, we'll walk through the photos later.

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um this was the rco meeting notice it was sent on february 4th we met with bird brewery town

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sharswood community civic association on february 20th via um zoom and it was well attended meeting

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we'll get into some of the concerns that were brought up in their letter of support for a

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three-year variance and here is the list of addresses provided to us by the Planning

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Commission for that notice to go out.

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Here is our certificate of mailing to 176 addresses dated the 7th of February.

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Here is the zoning notice for the prior, I'm sorry, for this meeting.

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And here it is posted.

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It was posted 30 days in advance of this hearing.

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It is still posted.

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Here is the prior zoning permit for limited lodging.

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And again, my client's no longer living at the property, and that's kind of necessitated this change.

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Here is his tax clearance.

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Here is his warranty deed for the property.

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Here's just an overview of where it sits on Gerard Avenue.

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Here's the zoning overlay, it's RM1 adjacent to CMX 2.5 and RSA5 across the street.

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There's the zoning overlay, it's RM1 adjacent to CMX.

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This is a petition signed by about 30 residents of the 2900 block of West Gerard in support of this variance.

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Here is the letter from Barry Sharswood. No one in attendance had anything negative to say about

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Mr. George and his management practices. The general concerns were related to

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just the influx, the broader issues related to short-term rental,

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related to housing, affordable housing,

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potentially the property being sold to an owner

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who may not manage it at the same level of oversight

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as Mr. George,

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and making sure that there's no instances

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of disruptive behavior from short-term renters.

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There have been no issues to date

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over the several years he is engaged in short-term rental.

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Um, ultimately the board, uh, did vote, uh, as no opposition for provides it with a proviso

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of temporary for three years.

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Of course, we would like it to be permanent, but understand the board's, uh, current position

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on these issues.

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Um, with that, uh, I'd like to, um, elevate my client, uh, to the panel.

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because with the recent letter on the 23rd and today's date he does have some additional

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information to share regarding some of the protocols he has in place regarding house

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rules etc to mitigate against some of the issues that were raised as well as we'll call on Anthony

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Lullio, who will be managing the property, who can go into some of the safeguards and protocols

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he has in place to make sure those negative impacts don't manifest themselves at this

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property. So thank you. If the board has any questions in advance of that, please let me know.

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And I'm just going to take a sip of water.

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I cannot hear the board.

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No, we're listening to your presentation.

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Oh, okay.

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Are there any questions before Mr. George is elevated to panel?

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Let's get Mr. George.

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Yes, I'm here.

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Your testimony.

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Mr. George, good.

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Can he say his name and spell it for the court reporter?

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Let's get him sworn in.

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Sure.

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yes distinguished chair and board and council uh gregory george g-r-e-g-o-r-y g-e-o-r-g-e

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

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yes i do please proceed counsel thank you good morning mr george uh did you hear my presentation

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to the board today i did was it true and accurate to the best of your knowledge and understanding

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Yes. Can I clarify?

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You absolutely can clarify.

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If there's any additional items you want to share for clarification purposes, please do so now.

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Yeah, just briefly, one point, the management, Mr. Lolio and I are in conversation and consideration,

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But currently I am self-managing, which with the community, I've lived there for eight years and I'm in touch quite a bit.

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And then, yes, I had the limited lodging and I'm, you know, correcting that to go for the variance.

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And I've been doing short midterm rentals over the last year or so.

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And then, yes, I am renting both properties with even some of the flexibilities, the two bedroom downstairs with the basement.

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When I lived there, I had a bedroom downstairs, but want to move forward, you know, the best way possible.

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With no bedroom in the basement.

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And you recently saw the letter from Brewery Shardswood regarding their support and some of the issues that they raised regarding, you know, unruly folk, et cetera.

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And you want to share with the board your house rules?

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Yes, indeed. And thank you, Mr. Cook.

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um and thank you mr cook uh so um i can share the actual view of my house rules if you could just

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you could just read them into the record i think would be fine if that's okay with the chair

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sure sure um and i'll go through quickly for the interest of time um so pets uh smoking both uh

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Not allowed for the sake of my property.

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And then I have here as one of the official on Airbnb, although there are other platforms, that events are not allowed.

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Essentially no parties and living in the property.

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I don't want it to be a party house.

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No commercial photography allowed.

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We have quiet hours listed as enforced on Airbnb specifically, but this carries through on all of my leases, 10 p.m. to 7 a.m.

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Quiet hours as not to disturb neighbors.

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There are extensive additional rules.

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I will say up front that this is essentially a hard policy for me, that anyone making an inquiry must read through to the end.

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Where at the end, it says, if you have read it thus far, thank you for being a super guest.

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Please reply back with a quote, enjoy charming, so I know that the house rules have been reviewed.

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So essentially, it's a safeguard.

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Sometimes it causes some back and forth when someone wants to stay at my property.

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But I hold to someone has to read all the rules.

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And without me sort of giving them the cheat, they have to have read it to the detail that they are acknowledging those house rules.

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Those house rules include everything that I mentioned before, a limit on the total number of guests, restating the quiet hours, also violation fees or penalties.

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It has points about parking that is essentially street parking.

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There's points about security cameras as well as trash is in there as well to comply with city regulations.

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Where would the trash be stored at?

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Yeah, so there are, right now, there is, as on the plans, on the upper floor unit, there are two spots in the back.

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On the bottom floor, they have the back patio.

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So those have areas for trash.

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Do you have someone coming out weekly to take the trash out for trash day?

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Yeah, essentially, I do it. And when there has been trash in the front, I do the same.

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Understood. Thank you, Mr. George. Questions from the board?

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Thank you.

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Yes. As part of the visitor accommodations,

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you are to have some sort of relationship with one of the services,

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whether it's Rebo or what's the other one?

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I can't think of the name of it.

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But anyhow, do you already have a relationship with them

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and some of the things that you're talking about

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in terms of controlling visitor conduct.

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They're already part of the city regulations

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as well as those four.

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That's right.

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So have you had a relationship with them?

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Do you have a relationship with them?

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And that's my basic question.

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Yes.

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I can reply.

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Yeah, so he has an Airbnb relationship along with other providers. He's been actively ranking on Airbnb for a year. He has a 4.5 rating right now from short-term tenants. And Mr. George can go on further about the protocols that are in place with Airbnb and some of the other providers.

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Okay, thank you so much. Questions from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions from the audience?

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Any questions from the virtual audience?

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Vice Chair, I do not see any hands raised for this matter at this time.

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Vice Chair, I do not see any hands raised for this matter at this time.

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Thank you, Mr. Hamm.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends though changing zoning at this location from the current residential multifamily RM1.

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The appellant has not shown evidence of unique physical conditions or circumstances of the property

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that would prevent it from being used in conformance with the zoning code for visitor accommodation.

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the Planning Commission recommends the Board to deny the requested variance for visitor accommodation.

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MI-2024-006164-2909 West Gerrard Avenue.

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My vote is yes, with proviso, three-year temporary variance.

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Michael Johns, my vote is yes.

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Mr. Chair, we should put an ending date on that variance.

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Okay.

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So maybe 2-28-28.

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3-1-28 is fine

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So ending 3-1-28

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Yes, thank you

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Michael Johns, my vote is yes with Proviso

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Cheryl Gaston

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My vote is yes with Proviso

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Tanetta Graham, my vote is yes with Proviso

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Tywin, my vote is yes with Proviso

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Thank you, have a good day

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Thank you so much

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Number 17, MI-2024-006179

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329 East Derrod Avenue

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Now, Jason Crick is the attorney.

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Please promote Mr. Crick.

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I'll be coming back in as a panelist shortly.

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This is a lot line relocation, two lots into one,

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for an erection of a three-story structure with a full cellar and roof deck.

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For the use of a vacant commercial on ground floor and multifamily household living,

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three dwelling units in the fifth district overlay a maximum of two dwelling units is permitted on a

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lot less than 1400 square feet in the area mr crick good morning members of the board my name

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is justin crick i'm here on behalf of the applicant owners pat and tom mancini for the property at

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329 East Girard Avenue.

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I just want to correct. I believe that the

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meeting idea is

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202-4006-173.

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I think you

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