civus
Hearing video

ZBA Hearing - April 22, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 22, 20267h 16m

So we had a community meeting on February 19th, 2026 via Zoom.

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It was hosted by the 52nd Democratic Ward and the Winfield Heights Community Association.

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Because we did not have nearby residential or, I guess, nearby properties, the ZBA identified this strip of approximately 76 properties that we could provide notice to.

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Here is evidence of our postage.

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So I don't have a meeting summary.

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I understand we got support.

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I did discuss following the meeting after the vote, there were approximately 20 members in

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attendance. All of them supported our application. Here is our application project information.

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And just as a reference, I wanted to bring this up to the board. It is part of the Philadelphia

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code regarding the maintenance and operation of commercial stables for horses. Now, there's no

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requirement in here, but it does have the requirements of a commercial stable do

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include that they employ a full-time operator manager. I don't think that requires someone

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to be on-site 24-7, but I do think it reflects the fact that this is something that is important

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and somewhat within the industry standard.

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We have a support letter

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from the Parks and Recs Commissioner, Susan Slauson.

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They've been engaged with this group

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regarding this equestrian center update.

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They're long time partners.

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They're on very good relationship.

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And they're in support of this application.

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at this time i would like to request that kareem rossum is right in okay

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and that person is now being promoted to panelist chair thank you

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good afternoon can you guys hear me hi yes we can could you please state your name and

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spell for the stenographer yes my name is kareem rosser uh spelled k-a-r-e-e-m uh last

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name rosser r-o-s-s-e-r all right do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do please please counsel thank you good afternoon kareem good afternoon

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were you present and able to hear the testimony i just presented yes are you authorized by work

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to ride as a representative and do you adopt on behalf of the organization as factually correct

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to the best of your knowledge my testimony yes thank you at this time on the board good thank you

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questions from our attorney

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

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here chair i see no hands at this time planning commission amy boy with the planning commission

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planning commission amy boy with the planning commission the comprehensive plan recommends

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the comprehensive plan recommends

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no change in zoning at this location from the existing sppoa parks and open space active

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the appellant has shown that there are unique physical conditions or circumstances

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of the property that would prevent it from being used in conformance with the zoning code

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the planning commission recommends that the board grant the requested variance for household living

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MI 2025-007-572-4115 Montgomery Drive. I vote yes with proviso. Certificate of

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occupancy to be obtained. Michael Johns. My vote is yes with proviso. Cheryl Gaston. My vote is yes

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with proviso. Tanetta Graham. My vote is yes with proviso. Ryan McAdams. My vote is yes with proviso.

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I win my vote is yes with proviso thank you thank you thank you council mi 2025 007573

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23 27 to 83 common avenue alfred fiscalo is the attorney

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there's unanimous support from ronhurst civic association

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good afternoon good afternoon council could you please state your name and spell for the stenographer

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alfred fiscaldo last name is spelled f as in frank u s as in sam c a l d as in david o

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

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I do.

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Do you identify your client and a relationship to this property?

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I represent Bucca Derm Management LLC, doing business as the dermatology specialist.

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They are a tenant at this property.

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And with me on the line today is Mark Seward, the executive vice president of the dermatology specialists.

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Our vice chair has just a few questions.

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Good evening.

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have you submitted your documents and exhibits five days in advance of this

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hearing I have there was a supplemental request which was submitted as well

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okay thank you and have you do you waive the reading of the refusal and stipulate

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to its accuracy I do all right thank you you can share your screen and proceed

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with your case thank you

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can you see my screen yes sir okay thank you um on the on the board is the uh copy of the exhibit

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list which was provided to the board includes the notice of refusal the application for appeal

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project information form pictures of posting an aerial of the property uh typical interior

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photographs of one of the locations um that the dermatology specialists uh operate in the city

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and which will be similar to what is going to be provided this property an interior fit-out plan

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a copy of the unanimous support letter from the wrong her civic association a tax clearance

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certificate and a witness list and the lease was provided to the board separately this is

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this is a property this property is the roosevelt mall and this proposed use is a tenant

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at the property operating a cosmetic dermatology practice the dermatology specialist operates

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60 of these locations in three states and they have three locations in the city of philadelphia

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the use is permitted by right in the underlying ca2 zoning district but because the property is

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also within the northeast overlay district um variances is required here's the copy of the

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notice of refusal um the appeal form is the project information form here are pictures of

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posting of the property

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this is a copy of an over overlay of the or an aerial of the roosevelt mall

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period just to locate your here's macy's is here here's sprouts and then this purple

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line right here this is the location of the proposed dermatology practice um at the property

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here are photographs of of similar uh or other locations that the dermatology specialists

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operate i believe this is the fishtown location you can see the aesthetic um that they'll be

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providing as well this location this is one of the examination rooms not another exam

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this is one of the examination rooms

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not another examination room here's a layout of the of the space

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entering here there's the reception area reception seating

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examination rooms along this corridor then an exit and exit in the rear

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uh there's the uh unanimous uh support letter uh from the roanhurst civic association

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um the use will have commercial uh trash and medical waste pick up they typically operate

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from nine to five on monday through friday but they'll probably be including weekend and evening

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hours as as the practice increases over time obviously parking is not an issue here at the

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Roosevelt Mall. You typically see between 15 to 60 patients a day. This use satisfies all the

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criteria for the granular variants under the Philadelphia Zoning Code. It doesn't provide

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any adverse impact on the surrounding neighborhood and actually fits quite well within the types of

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uses that the Roosevelt Mall provides. I'd ask that Mark Seward be promoted to a panelist so he

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can adopt my testimony thank you mr stewart

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and he's coming in now and as a panel this chair thank you very much

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mark are you here uh yes could you please state your name and spell it for the stenographer

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of course mark seward m-a-r-k-s-e-w-a-r-d do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do counsel mark you're the executive vice president of the dermatology

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specialists that's right uh and were you were you present for the testimony that i provided today

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yes and was it uh true and accurate to the best of your knowledge yes it was and do you adopt it

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on uh do you adopt it as your own i do i have no further uh testimony or uh for this board

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uh happy to answer any questions all right questions from the board

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is this like a chain of some sort is that where do dermatologists come from mark

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yeah so we we have uh 60 locations across three states and uh the dermatologists we recruit um

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you know we have a number of them already on hand we have two practicing in philadelphia

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currently and we're looking to add more we are actively recruiting for this location

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uh you know it would take us a few months to build out the the office but we are already

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interviewing candidates and are very optimistic about landing a couple okay

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and then what kind of services are you offering through this yeah we do

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primarily medical dermatology so if you think about skin hair and nails you know

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common diseases are you know psoriasis eczema acne you know people always have

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issues with skin rashes skin cancer is something that we take very seriously you know perform

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annual checks and and where needed we refer to a specialist within our practice we also have a

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mohs lab which is you know specifically for skin cancer located in philadelphia as well

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and you do you actually treat the patients there

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uh yes we do okay huh interesting okay thank you any other questions i have a question about the

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biomedical waste did you i saw the plane was there like a storage area for that to be disposed or

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held until it's made absolutely so we contract with sharps container uh very reputable national

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brand. We have Sharps containers, which I'm not sure if you're familiar, but if you can envision

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one in the doctor's office, it's a plastic container. It's got a lid on top that is locked

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shut. And then our doctors, they drop razors down into the container, of which then we dispose of

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on a regular basis. Someone from Sharps comes in and empties these containers and takes them away.

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and is that the only biomedical yeah like you're gonna have on site yeah we're not gonna do anything

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yeah like you're gonna have on site yeah we're not gonna do anything with um you know anesthesia

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or any other type of waste it's just primarily um scalpels blades and and needles needles yeah

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exactly okay something to work in health care love it actually i didn't i just we look at these a lot

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questions or comments from our attorney i just want to verify this is specifically unit 55 correct

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it is it is correct thank you so much questions or comments from the virtual audience

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yes chair alice udavich has been um promoted and she's allowed to speak good afternoon chairman

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members of the board alice udavich again on behalf of your you're in overtime now you're

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in overtime this is your third case here today so yes just state your name and begin your testimony

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please the councilman has no objection to the granting of the variances at this location

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thank you again um anyone else in the virtual audience no more hands chair planning commission

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

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zoning at this location from the current say to commercial auto oriented the proposal is refused

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due to the northeast overlay district which prohibits health practitioners offices in this

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and other districts in the northeast section of philadelphia at its november 2013 meeting the

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planning commission voted to recommend against this ordinance stating in a letter that to then

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mayor nutter that it would place an undue burden on residents and others seeking health care

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since it would limit care and provider choice in this section of the city the planning commission

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recommends that the board grant the request of variance for a group medical practice

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mi 2025 007 523 23 27 to 83 common avenue i vote yes with proviso unit 55 only michael johns my

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vote is yes with proviso cheryl gaston my boot is yes with proviso tenetta graham my vote is yes

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with proviso ryan mcadams my vote is yes with proviso hi owen my vote is yes with proviso

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thank you thank you council number four mi 2025 007 531 1026 harrison street alan knockamson is the

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attorney there's unanimous support from northwood civic association and a letter of non-opposition

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from council person lazada yeah mr goldberg is presenting this i i got it i'm just you know we

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don't usually see this i mean mr goldberg's laughing too i mean i alex could you please

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state your name and spell it for the stenographer alex goldberg a-l-e-x-g-o-l-d-b-e-r-g you swear

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or affirm to tell the truth the whole truth nothing but the truth i do but you identify

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your client the relationship to the property my client is jonathan torres he's in the virtual

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audience he is the owner and resident at the property our vice chair has a few questions

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

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i have and do you waive the reading of the refusal to stipulate to its accuracy

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i do okay all right thank you show your screen and proceed with your case

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Okay, we'll screen them on here.

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All right, can you see my screen okay?

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We can.

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Okay, so my client is Jonathan Torres.

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Like I said, he's in the virtual audience.

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This is his first home.

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He's in his young 20s.

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and he bought this property in 2025. It's got a history of two units and it has two units,

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but it is zoned RSA 3 and the proper licenses were either not maintained or obtained by the

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prior owners. He bought the property in October. He hired us less than a month later, got right on

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it. This application is to legalize those two units. When Mr. Torres purchased the property,

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the ground floor unit was already occupied by a tenant who's still there he's honored their lease

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and he lives in the unit above you can see here the notice of refusal references this the two

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family household living in an existing structure was issued in december and again this is an rsa3

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property i will note and you'll see in my presentation that there are many multi-family

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properties similar to ours in close proximity and i hope that the planning commission will

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and i hope that the planning commission will support this because the 2035 plan

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support this because the 2035 plan

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acknowledges a proposed zoning of rm1 at this location which would actually allow

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four units although we think two is the appropriate number here here's correspondence

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from northwood civic association it was a very positive meeting unanimous support

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um they appreciate you know his neighbors that had met him you know appreciated him

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cleaning up the property. They recognized, like what I just said, that there are other

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duplexes in close proximity. That number two on the letter recognizes seven

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on Harrison Street and Fillmore Street, which is the property that is directly behind us.

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And again, voted unanimously in support. Here's a zoning permit that was approved in 85. This

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property has an interesting history um so this shows a dentist office on the first floor and

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a second floor apartment there's there was a 1943 permit in the file for two families

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in 57 it was a beer distributor plus one family in 59 it was a vacant store plus one family

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in 63 it was a beauty salon plus one family and while we see no permits for a recent conversion

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to two-family dwelling. There does appear two mailboxes beginning in 2015, 10 years before my

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client bought the property, which are a different color now, but they're still there in the same

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location. And it's funny, one of the people in the community meeting actually recognized this

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address as where they went for their dentist appointments when they were a child, confirming

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that this was, in fact, a dentist's office at some point in time. This is the Lower Northeast

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district plan i've circled in red this block which is proposed to change to rm1 or some other orange

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multifamily zoning classification it's a thousand block of harrison street so you can see we're

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right here one off of the corner of large street and harrison street there's a daycare with a

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residential unit above excuse me two residential units above there are four duplexes down the block

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the other way and then there are three duplexes directly behind us so this little corner here

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which the neighborhood agreed with while they they you know they appreciate their single

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family neighborhood generally speaking they acknowledge that this this intersection

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two unit dwellings are not out of character and here are those rental licenses showing that those

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are legal duplexes here's a zoning map you can see we're next to a commercial property

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photographs this is the front of the property those two mailboxes here's the notice posting

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here's in 2015 you can see those black mailboxes they're white now but

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