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Hearing video

ZBA Hearing - December 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 13, 20236h 13m

Well, because we make sure that the guests that we have using the ratings that are in the Airbnb tool, we're able to ensure that the guests that we have are extremely high quality.

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And so we only take people that are that fit certain parameters.

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The most important one, of course, is the reviews and ratings they have.

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And that has been incredibly effective at actually getting really good people.

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we would make the argument that it's actually considerably better than our ability to manage

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for rental properties that are not short-term because you don't really have sort of crowdsourced

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ratings and so the people that we've had staying over the course of already you know a considerable

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amount of time have been um one uh very uh pleasant for anybody that is um you know interacts

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with them no noise complaints and that kind of thing um from our end it's been shocking how well

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these properties have been maintained physically i think we've maybe changed one rug so the actual

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um interiors and exteriors of this place because people are so concerned with the ratings that

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they have on these uh on these tools like airbnb um they actually maintain the properties

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considerably more than um than renters so we've been extremely pleasantly supplied surprised by

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that and we go to great lengths um to make sure that uh everybody that stays there really fits

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that criteria. And yes, when we went to SOSNA, we stated to them that based upon the review of

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your records and your manager's records, property manager's records, that the units, each of these

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units only get rented out, rented, let out, reserved about half of the nights out of every

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month is that is that correct when you average them out yeah i think we came out around about

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14 between 14 and 16 nights out of the month so half of the month these units for each of these

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units they're they're vacant they're not even occupied is that correct um yeah i mean i don't

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know the exact numbers but roughly speaking that's right yeah okay all right i have no further

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questions for uh for yes and i have no other witnesses um at the present thank you questions

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from the board no mr chairman no chair no chair why should your comments from our attorney hillary

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emerson not at this time mr chair why should your comments from the virtual audience

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um yes mr chair i have a hand raised from a casey deegan i've allowed them to speak

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Good morning. Could you state your name, please, and spell for the court's sonography?

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Sure. My name is Casey Deegan, C-A-S-E-Y-D-E-G-E-N.

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

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I do.

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Are you a neighbor?

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I am.

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Okay. Please proceed.

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Okay. So I live at 1830 Catherine, which abuts the property in question, and I live here with my husband and my two young daughters.

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We have lived here for the duration of the time that it has been done by the T-Gays.

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And we really have not had any issues at all, with the exception of one occasion where there was some trash left.

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And I was able to get in touch with the owners right away.

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And following that, they actually arranged for daily trash pickups.

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So since then, it has not been an issue.

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And the renders have really been respectful and friendly.

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The units are not used for parties.

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And I can guarantee that as someone very invested in my children sleeping through the night, I would tell you if that was not the case.

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And additionally, as Mr. Orphanides mentioned, the nearest place for people to stay is Rittenhouse.

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And due to the small nature of many of the homes in the area, many of us just don't have the space to accommodate visitors from out of town.

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And so my own family has personally stayed next door and the TKs have been accommodating and offered us a discount rate, as previously mentioned.

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And I really believe this is a service to the neighborhood and that these are responsible owners.

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Of course, we know there's a spectrum of owners and how the properties are managed, but we would really ask that you support this property and its current use.

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Thank you very much for taking the time to call us.

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We appreciate your input.

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Is there anyone else in the virtual audience?

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um yes mr chair uh sonia paris with their hand raised i've allowed them to speak at this time

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Yes, Mr. Chair.

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

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sonia paris please unmute

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good morning

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Once more, Sonya Paris, excuse me.

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Jason and Nohan, are they?

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No, they might have been having trouble unmuting, sir.

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I have another hand up from Matthew Katz.

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I would love them to speak.

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Okay.

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

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Yes. Matthew Katz, K-A-T-Z.

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

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Yes, sir.

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Are you a neighbor?

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I am, yes. I live at 2,000 block of Fitzwater Street, which is around the corner from one of the units.

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And I'm familiar with these rentals, familiar with these Airbnb properties.

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And I just wanted to note how much of a value they are to the community, given the fact that there are no hotels, motels in the neighborhood and certainly no affordable accommodations, temporary accommodations anywhere in the center city area.

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And there's a history of these places existing in the community. There's a green book which showed where African-Americans were able to stay back in the day.

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And there were many on this very block, short-term inns that were used as temporary accommodations for decades in this neighborhood.

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And we need them back and believe that these properties are of absolute value, not only to visiting family and relatives, but also to families that are in town to treat their children a chop.

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I know these properties have been used to house families who need temporary accommodations while their children are undergoing treatment.

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So I hope they're given an accommodation.

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Thank you.

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Thank you very much, Mr. Katz, for your call in.

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Is there anyone else?

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No further hints, Mr. Chair.

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Planning, Commission.

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This is Ron Bednar, City Planning.

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Comprehensive plan recommends no change to the existing zoning at this location.

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The appellant has not shown that the property cannot possibly be used in strict conformity with the zoning code, and that a variance is therefore necessary to enable an economic use of the property.

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Therefore, City Planning Commission recommends the zoning board deny the variance.

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Thank you.

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MI 2023, 002-981-1828, Catherine Street.

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I vote yes.

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Temporary variance expires 12-15-26 for both units.

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Thomas Holliman, my vote is yes with proviso for both units.

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James Snell, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Thank you, counsel.

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Thank you.

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May be excused.

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You can, sir. Number 10, MI 2023-004-329-7135 Caster Avenue. There is a letter of opposition from Take Back, your neighborhood. There is a petition, though, signed by 19 neighbors, five of which are in the 7100 block of Caster Avenue.

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Mr. Chair, Mr. Zin Jin has been promoted to your panelists.

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Good morning, counsel. Could you state your name, please, and spell for the court stenographer?

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Good morning.

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Good morning, sir. Could you state your name, please, and spell for the court stenographer?

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Yes. My name is Zen Jin, Z-H-E-N, last name J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838,

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Philadelphia PA 19103

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here on behalf of the applicant.

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Am I, I'm

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sorry, sir. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth?

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I do. Could you identify

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your client, the relationship to this property?

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Yes, my client

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is Mr. Junhao Zhu,

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J-U-N-H-A-O

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Z-H-U

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Z-H-U is the last name, the owner of the property.

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is the last name, the owner of the property.

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And our vice chair

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And our vice chair has just a few questions.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal or stipulate to his acquisition?

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I do.

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Have you emailed them all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes.

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Yes. In addition, we also sent in some additional photographs as a supplemental exhibit yesterday.

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I'm sorry, two days ago.

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Thank you. Please proceed and share your screen.

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Chair, can you check your message?

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I'm going to share with the board the latest exhibit.

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If the board wants to see the previous exhibit to see the differences, I'm happy to share that as well.

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However, the latest exhibit contains some additional photographs, which I think helps better understand the application before us.

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So this is an application for use of the property as a two-family dwelling.

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It is essentially a legalization request.

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My client purchased the property, and this property is located on a block that is zoned RSA 5.

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However, both when we did the petition and also looking at the history of the block itself, some of that history is attached for the board's reference in this exhibit package.

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The property, despite what the RCO claims, is not a single-family house.

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It was set up as a multi-family, not multi, but two-family dwelling, very similar and almost identical in structure to many of the properties on the block.

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In fact, what we found was when we did a quick search of the listing itself, the listing was in fact listed as a two family, not a single.

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So number of units was two even on the listing when he purchased it.

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While we understand this doesn't reflect reality many times, it kind of goes against the RCO's claim that my client bought the property knowing or bought it with the intent that it is only a single family.

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My client also actually owns a property on this block already that is a two-family that

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is structured identical.

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That's part of the reason he bought this property, thinking it is a two-family.

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In addition, 7145, two-unit rental license.

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7147, two-unit rental license.

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7143, two-unit rental license.

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Part of the reason so many neighbors signed our petition was because they were well aware

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that this block contains mostly duplex properties, and they were this way before.

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The seller of the property actually only pulled a license for a single family before selling,

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partly because from our understanding that he had family members living in one of the

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units and he himself living in the unit, so he didn't need two rental licenses to maintain

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the rental of the one unit.

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And that's really why we ended up, when my client bought the property, thinking that it is a two-family and went to get his rental licenses, he was refused the rental license, saying that there has only been one rental license on file.

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And therefore, RSA 5, single rental license, this is a single-family house.

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Now, looking at the property, all the properties on the block look very similar to this.

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they do have the single entrance in the front. However, this property already has two exits in

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the back, and these are not newly installed. They've been there. One leads to the second

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floor. One leads into the rear of the basement or first floor. The unit has been cleaned up

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prior to sale. It was painted. There are new flooring. So we're not denying that it was

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updated but structurally there's no work done to the property you can see from certain photos i'm

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going to try to get to right here i'm going to zoom in on this photo because it's important for

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the board to see the age of these units these heating units and water heater units are not new

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that that was not replaced by the seller when the property was purchased and as you can see these

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are in place for some time. These are two heaters, two water heaters. The washer and dryers are

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marked as one and two as well. All these were existing conditions when my client went in and

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purchased the property. From the layout standpoint as well, the property is laid out already as a

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duplex. The entryway has a foyer. This is actually similar to another property that he owns and also

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similar to the neighboring properties when we went to do the petition you can see that when the front

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door is opened generally there's a foyer with the stairway going up stairway going down a little

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generally there's a foyer with the stairway going up stairway going down a little hallway that leads

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hallway that

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around to the door to the first unit and then the stairs up will lead to the upper floor or the

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second unit and here is the rear side access to allow entry into the garage and separately into

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the shared washer and dryer units trash storage areas each of these floors is basically a two

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bedroom unit with its own kitchen and living area. So while we understand the community's

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position that it is RSA 5 and that they believe that it is a single-family property,

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we disagree that it was historically such. The information we have of the neighboring properties,

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the petitions that were signed and feedback from those people who signed the petition,

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as well as information from rental license nearby

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shows that this is in fact a block full of two family dwellings

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and many of them have been this way for many, many years.

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So we're asking for the board to favorable review of this application

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and allow the legalization of the two units in this property.

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I'm happy to answer any additional questions

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or direct to any part of the exhibits.

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And my client should be here to verify my testimony.

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Why don't we bring your client on, sir?

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Sure. He goes by Raymond as his English name. Raymond, can you raise your hand and be identified virtually?

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I'm going to have to speak.

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Good morning, sir. Could you state your name and spell it, please, for the court stenographer?

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Yes. My name is Jun Hao Zhu, J-U-N-H-A-O. Last name is Z-H-U.

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Right. 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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Please proceed, counsel.

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Thank you. Raymond, you saw my presentation and heard the testimony I gave to the zoning board?

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Yes. Can you verify that what I have represented is true and correct and adopted as your own

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testimony? It is true and correct, yes, and I will adopt it as my testimony. Thank you.

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Questions from the board? No, Mr. Chairman. No, Chair.

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Questions or comments from our attorney, Hillary Amberson?

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

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i do not see any further hand yes mr chair planning commission uh ron bednar city plan

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uh the property is indicated for residential use on the city plan given the physical

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conditions of the site and its um use history we recommend of course thank you

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MI 2023-004-329-7135 Caster Avenue.

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I vote yes.

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James Snell, my vote is yes.

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