civus
Hearing video

ZBA Hearing - April 22, 2026

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

All right, you can start with your case.

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Thank you.

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Okay, are you able to see the screen?

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Yes.

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Okay.

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Mr. Chairman, members of the board, thank you for having me today.

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My name, again, is Mike Gumbel and I am the owner of the property 850 South 2nd Street.

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This property is located in Queen Village at the corner of 2nd and Christian.

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It's a CMX2 property that is commercial on the first floor and then it's got two apartments

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up on the second and third floor.

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The commercial aspect of it is where I have my law office and my real estate office and

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then the second and third floor are again apartments. What we're essentially doing is

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seeking a renewal of the visitor accommodations license. We applied several years ago and were

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granted a three-year temporary variance on that and it's now come up for renewal again so we're

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seeking to renew that as well as originally I had only sought the third floor because the second

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floor was occupied. The second floor has since been vacated and we've remodeled it and so we're

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looking to extend the visitor accommodations into the second floor as

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well exhibit a you've got the refusal again we're not making any dimensional

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or construction changes to the property everything's going to remain the same as

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far as that goes it's really just seeking a use accommodation for visitor

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accommodations. We have the application, the PIF form. Exhibit D is the 2022 permit where the

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visitor accommodations was granted again on a three-year temporary proviso.

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We have the deed.

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Exhibit F is the Tax Clearance Certificate, which was not included in the original exhibits.

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However, I was able to obtain it today and I did upload it to the exhibit website portal.

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Exhibit G is the posting back on March 26th of the signs for the ZBA hearing.

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and then here we have photos of the property itself so as you'll see here on the first floor

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we have the entrance to my office there's a separate entrance to the apartments

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that just directly goes into them so the right of my property is lucky's last chance it's a bar

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restaurant in queen village and to the left of my property is java coffee company again a local

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business in the neighborhood so i'm surrounded by other businesses on both sides and up and down

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the street next to the bar is a gym and then there's several other businesses north of that

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here you can see the actual building itself

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you can see this is a pretty busy intersection at the corner of second and christian

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but again most of the properties themselves surrounding are commercial

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Next, you'll see a couple pictures of the inside of the third floor unit.

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Next, you'll see a couple pictures of the inside of the

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It's a one-bedroom apartment, so it's not a large place.

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We don't accommodate a lot of people in it.

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And then this is the second-floor apartment that, again, we're seeking the variance for

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as well.

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This is also a one-bedroom apartment, it's a smaller apartment, so the usage would be

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much less than the third floor here just by example is the Airbnb posting that

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we've had for the last several years this is for the third floor apartment we

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have a strict guideline where we don't allow anybody to come in and just book

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automatically so if they want to book with us they have to send us a request

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and tell us why they're coming in and we only allow people that have five-star

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reviews. We don't want people coming in for parties. We don't want to disrupt the neighborhood.

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We want people that are coming in that are going to take care of our place and be respectful to

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the neighbors around us. Generally speaking, most of the people that are staying with us

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are people that are coming to visit family and friends who live in Queen Village, Society Hill,

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Bella Vista. So they want to be close to them so that they can visit them in a, you know,

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walking to their house and not having to deal with parking and whatnot in Center City. They

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want to be in a local neighborhood environment when they're staying in

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Philadelphia. You can also see we have all five star reviews, guest favorite,

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super host, top five percent at home. So I think we've done a good job of really

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trying to promote ourselves as a great place to stay, a clean place, a respectful

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place, and I think that bears itself out in the reviews that we have.

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Next, we have the letter of support from QVNA, and after that I also just included the letter

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that went out to the neighbors as well as the first page showing the certificate of

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mailing for the surrounding neighbor letters. I think my only request is that

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QVNA in their letter they asked for a two-year temporary. The original one was

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for three years. I would request a longer variance than the two years because it

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is quite onerous and expensive to have to go through this process every couple

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years. As you know the process itself takes about six to eight months to get

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through so essentially if i were to get a two-year then within a couple months i'd have to start all

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over again so it's my request because we have a good track record here that we'd be given a longer

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variance if there's going to be a sunset on this and with that i'll open it up to questions

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yeah and they have to call for the owner i mean go ahead go ahead well questions from the board

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why should your comments from our attorney yes okay so

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have you ever rented these for like long-term rentals or why is that not an option here

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so originally when we purchased the building i mean the building itself was quite expensive i

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tried to get long-term rentals that would justify the mortgage and the capital improvements that had

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go into the building and I couldn't get rents that were sufficient to allow us to pay the bills and

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utilities on the building. In addition, in the last several years, there's been massive development.

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So right across the street, there was an apartment building that went up with 42 apartments. So the

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competition for apartments has also gotten quite onerous and competitive. And with how old this

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building is, and again, the amount of improvements that would have to go into it, I simply just can't

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compete. But I also feel that we're providing a service to the neighborhood and to the city

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because, you know, again, a lot of people who come and visit, they don't necessarily want to stay in

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a hotel in Center City. They want a comfortable place where they can stay at. And I think that

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the apartments that we have and the services we provide are valuable to them. They're valuable

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to the neighborhood into the city and let me let me just clarify so you want to extend

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the temporary variance that was granted for the third floor and you also want to now have a

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temporary well you want to have a visitor accommodation on the second floor is that

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um on the second floor is that correct correct okay all right thank you all the questions

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Correct.

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not at this time mr chair are such a comments from the virtual audience

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i see no hands chair planning commission amy void with planning commission the comprehensive plan

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recommends no change in zoning at this location from the existing cmx one commercial mix use

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The appellant has not shown that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance with the zoning code.

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

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MI 2025 007-325-850 South 2nd Street.

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I vote yes with proviso.

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Temporary variance expires 4-23-29, second and third floor only.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Ryan, my vote is yes, with proviso.

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Number six, MI 2020.

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Thank you very much.

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Thank you, counsel.

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MI 2025 007 335 801 Selmet Street, Henry Clinton is the attorney. Selma Street, I'm sorry.

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In a unanimous support from Somerton Civic Association.

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Good evening, Mr. Chairman, members of the board.

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Could you please state your name is spelled for this stenographer?

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Sure. My name is Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-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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I do.

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

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Sure. The two clients, husband and wife, their homeowners, Gilberto,

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or Dinez, O-R-D-O-N-E-Z, and Arceli, A-R-A-C-E-L-Y, Cordova, C-O-R-D-O-V-A.

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Our vice chair has a few questions, sir.

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Good evening.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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I have, Ms. Graham.

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Thank you.

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

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I do.

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Thank you.

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You can share your screen and proceed with the case.

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Mr. Chairman, again, good evening on behalf of my clients, husband and wife, homeowners

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of this single family home.

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This is a request for the removal of an interior parking space, which is a garage, and then

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replacing that parking space with a parking space outside in front of the house.

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When I show you the photographs, it'll become clearer.

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These are my table of contents. Refusal A1 to A10, which I ask to be admitted. And here's refusal. It's an RSD3 zoning district. Removal of one accessory off-street interior parking space, i.e. a garage, and then an accessory off-street parking space in front of the garage, which is typically done in this neighborhood in Northeast Philadelphia.

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As Chairman mentioned, RCO, letter of support, 50 in favor, zero opposed.

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Somerton Civic Association.

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Photographs, this is Busselton Avenue.

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This is Tomlinson.

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So it's in Northeast Philadelphia.

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A closer view, it's a corner lot.

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And so typically the homes in this neighborhood have a garage that some people park in, others converted into, you know, storage, maybe a family room.

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And you can see there's a number of areas.

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And I actually have particular addresses on the street and surrounding streets where this is done on a routine basis.

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So this is my client's property.

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As I say, it's a corner lot.

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just another view looking at the front and right here this was a garage and now it's a storage

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area and i have interior photographs too this is looking at the property from the north this is

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down the street 800 selma you can see this they've converted their garage into some type of a habitable

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space or perhaps just unheated space 809 across the street excuse me on the same side of the street

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Same thing, double doors into what was once the garage and parking on the outside.

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into what was once the garage and parking on the outside this is the interior it's not going to be

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a bedroom though we really the concern at the community group was whether my client was trying

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to make this into a duplex and not really doing this doing that in any way more interior photographs

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postings of the signs here's the plans again this this is the site on the left hand side

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Different views of the property.

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It's a four-bedroom home.

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These are additional homes in the area that are doing or have done what my client has already done.

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This is the site in the shaded area.

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This is one of the properties I showed you.

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That's F.

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That's 809.

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E is another property across the street.

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808 has the same situation as does the homes on Burgess Street.

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and also lakes per street right around the corner.

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Turning radius, we do have streets approval,

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which I will show you, in and out of the property.

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Streets approval right here.

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We also have an accompanying letter.

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So instead of parking inside the home,

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the family will park on the concrete pad,

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which is in front of the property.

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Streets approval.

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Remaining documents are the typical documents you'd see, PIP form, proof from the tax center

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that taxes are upstanding and paid, zoning map, again, RSD3 zoning district, deed indicating

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ownership, my clients purchased it in 2023, notices that went to 48 pieces of mail to

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the surrounding neighbors and neighborhood and as you can see that the the meeting was well attended

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so we're not impacting anyone's light or air development of any properties it's in conformance

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with what what other neighbors are doing in the block just adding additional storage space space

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to the property and we are not parking on the street it is an off-street parking situation

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just instead of being interior it's exterior um so with that i'm going to ask my client to

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unmute herself uh shelly are you on the call i just i just spoke to you you can raise your hand

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by pushing that button or pointing to that button i wish her calling his name because i have

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her shelly she might be calling under m-a-r-r-o-q-u-i-n-n okay yes she's being promoted now to

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Shelly hi Shelly good evening me there we go hi how are you good could you please state

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your name and spell for the stenographer yes my name is aracely is a r a c e l y

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the rest of it cordova a c o r d o b b d a okay um do you swear or affirm to tell the truth the

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whole truth and nothing but the truth? Yes. Counsel? Hi, Ms. Cordova, how are you tonight?

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Good. How are you? Good, good. Good to see you. Did you hear the testimony that I gave on your

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behalf concerning your home? Yes. And if you had the opportunity to testify, would you adopt what

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I said as your own? Yes. And would you consider that true and correct? Yes. Thank you.

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questions from the board

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question do we see okay all right no I just wanted to see so are we gonna where

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where is the is there a garage door or are we yes so where my cursor is here this was a former

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garage door and now there's a it's already been converted correct correct all right and then

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what's inside so inside is stores it was going to be a gym they have a 22 year old son who lives with

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them uh but i think those plans are by the wayside right now i think maybe planted fitness is in

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there in the cards. Pretty good at me. Okay, thank you.

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okay thank you questions or comments from our attorney not at this time mr chair

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question or comments from the virtual audience yes chair we have alice udovich

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all right alice this is your last one

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thank you chairman Alice Udovich U-D-O-V-I-C-H on behalf of councilman Brian O'Neill

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the councilman has no objection to the granting of the variants thank you very much thank you

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good night everyone thank you thank you of course question or comments from planning

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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 RSD3 Residential Single Family.

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The appellant is seeking to legalize the removal of a garage and parking in the required front

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