civus
Hearing video

ZBA Hearing - April 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 10, 20246h 50m

stop the survey district from approving the updated plan as proposed but we don't have it

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in hand yet it's just it you know it's a long process with them okay that that is fine but

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did issue they did issue an amended refusal based on an updated site plan with the updated easement

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right exactly yes okay that's fine i think yeah i don't think we need to if i'm not

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extensive as a requirement by l and i and it's one that hasn't been communicated to us um i think we

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are fine if the board decides to approve this to just include a proviso for the amended refusal and

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And then if L&I requires additional documentation prior to the permit being issued, they will let you know that.

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That's acceptable. Thank you.

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Thank you. Questions or comments from the virtual audience?

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Good morning, Mr. Chair. This is Jason and I'm stepping in temporarily. I do not see any.

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Thank you. Planning Commission.

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Thank you, Chairman. And good morning, David Vecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends a change in zoning in this location from residential multifamily to residential single family.

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There is no unique physical condition of this property that would prevent it from being used in conformance with the zoning code.

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The City Planning Commission recommends the board deny the proposed use variance for four dwelling units and the proposed dimensional variance for rear yard depth.

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and a note to the appellant any change to the approved survey plan will require city planning

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commission review and stamp

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council you have any comments

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Council, do you have any comments at this time?

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MI 2023-006-465-2623, Annan Street, I vote yes with proviso per amended refusal dated 2-29-24.

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Hillary, do we make part of the proviso that they'd have to go back to planning?

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David, is that something that would automatically be triggered with them going back to get a permit issued?

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That's correct.

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You don't need to proviso that.

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Okay.

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Thank you so much.

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Sorry.

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So the proviso is per amended refusal dated 2-29-24.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Thank you, counsel.

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thank you number eight number eight mi 2023 006 506 49 10 longshore avenue alan knockamson is the

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attorney there's a letter of non-opposition from taconi civic association

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they will be rejoining as a panel shortly sir

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Good morning, Mr. Monocomson.

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Would you please state your name and spell it for the court stenographer?

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Yes, Alan, A-L-A-N, last name, Monocomson, N-O-C-H-U-M-S-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 this property?

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Yes, my client is Rosa Realty LLC, and in the virtual audience is its member, Danielio Burgos.

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Okay, and our Mr. Holloman has a few questions for you.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I actually object to the accuracy of the refusal in this respect.

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This is an application for visitor accommodations.

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So my understanding is how the board previously has presented or handled these matters is that there is no unit count for visitor accommodations.

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And the refusal says visitor accommodations and existing multifamily for dwelling units.

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So, first, we object in that it should not state how many dwelling units there are with respect to a visitor accommodation application.

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And irrespective, there should be five dwelling units on the application if there is a reference to that.

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Okay. Did you email all the exhibits and documents as required five days in advance to this hearing?

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Yes, we did.

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Thank you. Please proceed.

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and show your screen all right so this is a very straightforward application uh this is 49

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10 long short short avenue we're in the tuconi section of philadelphia uh we're on a rather

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large lot of almost 12 000 square feet it is an rsa3 property uh but that you'll see in the

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presentation that we have properties that are zoned CMX2 adjacent to us, and we're also on a

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commercial border, and we have off-street parking. And we're looking to have visitor accommodations

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for five units for this property. So during our presentation, we'll review the notice of refusal.

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We have a letter of non-opposition from the Tocconi Civic Association. Just as a side note,

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my client's well-known in this area. They work well with the community as well as the other

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organizations within the community. So, they're a well-known quantity here in this neighborhood.

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But having Airbnb or visitor accommodation use is not out of character to this part of the

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neighborhood in Philadelphia. And we will show you a few examples of nearby Airbnb listings.

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And then my client has in the past used this property or other properties for Airbnb purposes, and we have reviews, which you'll see are very good.

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And then we'll review the maps of the area, photographs of the interior of the property, just showing what these properties look like from the inside.

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from the inside and you'll see the great care that my client puts um with respect to these properties

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And you'll see the great care that my client puts with respect to these properties.

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uh and then we'll also look at property the property from uh outside uh from the left and

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right of the property in this surrounding area and then we have simple floor plans there are actually

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two separate building structures here one facing longshore and then there's a parking lot uh where

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there's another building at the end of that parking lot so the the front structure has four units in

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the back structure just has one unit. And then we'll show you the RCO meeting notice as well as

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proof of mailing of that notice or application for appeal that we filed on behalf of Rosa Realty

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LLC, our deed to the property showing that Rosa Realty LLC is the owner of the property, as well

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as our certificate of tax clearance showing that my client has paid all real estate taxes with

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respect to this property through the date of this hearing. And then at the conclusion of my

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presentation, I would ask that Danielio virtually raise his hand, be sworn in. I'll have a few

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questions for him. All right. Are no is refusal? Yes, we're an RSA 3 property. What I would say is

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is that this is almost a 12,000 square foot property, off-street parking, on a commercial

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quarter, next to other commercial uses. And again, there's two existing building structures there,

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which you can see would speak nothing of the RSA 3 qualifications.

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We're simply asking to have visitor accommodations.

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I know this board typically only grants temporary variances of three years.

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Given my client's reputation in the community,

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given the unique circumstances of having a 12,000 square foot lot

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with two building structures on the commercial corridor with off-street parking,

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I would ask that the board grant a temporary variance of five years.

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Again, I think this is a project and a property that speaks as to allowing that type of discretion.

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Letter of non-opposition, we met with the community.

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Again, he's a well-known quantity within the community itself.

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It was a pretty straightforward presentation.

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And here's a summary as well.

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And again, what really got them was the off-street parking.

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In fact, there were two building structures that kind of were in a commercial corridor

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where there's a commercial, humongous commercial property just to the right of us as well, as an example.

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And then nearby Airbnbs, as you can see within this vicinity, there's a lot going on here.

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And for good reason, well, we'll take a look at the map.

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But in the map, you'll see we're just off of 95. So I think a lot of people are like seeing an alternative of this part of Philadelphia and Tacony to have visitor accommodation use.

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And then the reviews are very good for my client. So he takes great pride in his Airbnbs.

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And you'll see that for the pictures as well. But you also see the mix mix zoning here.

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right so we have rsa3 which again we're almost a 12 000 square foot lot um exactly 11 483 square

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feet but you know we're on longshore avenue which is um cmx2 and then going this direction is where

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we're pretty close to 95 and railroad tracks and then you can see that from here as well here's 95

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here's some railroad tracks here's a little bit of a park as a buffer but basically we're at the end

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or you can think about it, the beginning of a neighborhood.

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And then our interior photos, again, my client takes great pride

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in what he's offering as visitor accommodation use.

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And then this is an aerial view.

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I thought that really speaks volumes, but here's Longshore Avenue.

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Here's the front building structure, which has four units in it.

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Again, with off-street parking here, as you can see, there are multiple parking spots here.

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And then here's the rear building structure with four units in the front, one unit in the back.

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And then this is just, again, from Longshore, which shows this pretty massive lot here.

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To the right of us is a rather large commercial building.

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And then this is just showing the rear building structure and the additional off-street parking for that particular structure.

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And then this is our proof of posting for today's hearing.

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And then this is the 4900 block of Longshore, both from the right and left perspectives.

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And then again, you'll see that it's significant off-street parking for this property.

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And then this is something we simply created, but, you know, you have the two units on the,

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there's no basement use, but the two units on the first floor, direct access unit number one

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is two bedroom one bath unit number two is a one bedroom one bath you go up a flight of steps you

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one bath. You go up a flight of steps, you have two additional units, one bedroom, one bath,

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have

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and another one bedroom, one bath. Then this is for the larger structure, and it's basically a

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single family home for all intents and purposes. You have one, two, three, four bedrooms. That's

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meant for more family visiting the Philadelphia area. And our RCO meeting notice. We, you know,

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have a community meeting on January 9th at 7 p.m. These are, this is our proof of mailing

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for that meeting. Our application for appeal that we filed on behalf of Rose of Realty LLC,

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the owner of the property. Our deed to the property showing that Rose of Realty LLC is the owner.

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and then our certificate of tax claims i'm going to stop sharing my screen i would ask that uh

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before he comes on could you uh do you have a documentation of the accessory parking

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no we don't we could not find that i think that the the use is rather limited uh the the file for

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this property is rather limited but as you can see it it does you know this is not something we

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created. I know. How many spots do you think you believe do you have for parking? So I would ask

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my client. Okay, sure. All right, bring them on. Danilo has been allowed to speak. Could you state

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your name, please, and spell for the court stenographer? Good morning. My name is Danilo

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borgo's first name d-a-n-i-l-o last name is b-u-r-g-o-s do you swear or affirm to tell the

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truth the whole truth nothing but the truth yes sir please proceed counsel yes first danielio did

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you hear everything i had to state today about your zoning matter yes sir and is it true and

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correct yes and do you adopt it as your own testimony yes okay and then you heard what the

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the chairman asked me in terms of a question of how many parking spots can does this prop does

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this property uh fit uh we can put we we fit eight cars in the parking lot that's four compact cars

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and then four pickup trucks all right i don't uh mr chair i don't know if you have any uh questions

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regarding hillary do you have any you have any more issues relative to the parking no i just

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it because this is an rsa3 property and a change of use there should have been a mention of the

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parking on the refusal that's not the fault of uh that's not the fault of the applicant

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but i could tell from the documentation submitted there is accessory parking and i just wanted to

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have on the record about how many spaces there were to see if if the requirement of which is

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typically one-to-one but it would be a little different for visitor accommodations just wanted

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to see how many were there for the record so we can know that there is parking as required in the

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RSA 3 voting district. Thank you. Questions or comments from the board? No, Chair. Mr. Chairman.

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Hillary, any other follow-up? Mr. Knackenstein, I just want to go back to your comments at the

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beginning about visitor accommodations use and the number of units. You are correct. Typically,

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um there are not um for visitor accommodations the number of units is not listed it's just

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applied to the entire structure or the entire property um i did notice that there were five

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units in your presentation the refusal said four i think the refusal says four because it looks like

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even though there's a reference in the history to this the accessory structure the garage being

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converted to a dwelling unit um i don't think it was ever like officially zoned that way even though

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there's a note that it was done um so i think that's why there's this discrepancy between

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what's there and and what's on the refusal so i just wanted to note note that for the record

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because i did see that as well yeah my own comment is i i did it looks like the record's

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somewhat spotty for this property i just want to make sure that you know should the board grant

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to our variants, that we would have no issues getting a CO for that backbuilding.

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It looks like there were permits issued.

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I don't know why it's not five of public record, but it looks like based on a refusal,

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you can imply that there's only a recognized four units, not that fifth unit.

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But regardless, we just want to make sure we have no issues.

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I believe that the issue of the fifth unit would be addressed through the CO process.

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if that is not the case

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please let me know but we've had this come up

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before with visitor accommodations

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cases where the number of units

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where the number of units that the city has on record is not what's actually

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that the city has on record is not

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what's actually there but because of

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there, but because it's visitor accommodations,

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it's not about the number of units. So in that case,

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when I have discussed this with Ellen, I,

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they've just said recommended that we put a proviso to get a certificate of

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occupancy and then they can just make sure all of the existing units are up

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to code.

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Thank you.

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Questions or comments from the virtual audience?

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audience. I see no hands. Planning Commission. Thank you, Chair Bergman, and good morning,

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David Vecto with the City Planning Commission. Chairman and board members, the comprehensive

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plan recommends a change in zoning at this location from residential single family to

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residential multifamily. The appellant requests permission for visitor accommodations in a

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legally non-conforming multifamily building. The question that the code requires us to ask for this

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use variances whether the appellant could not use this property as long-term rentals. Commission

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staff has not heard testimony to that effect. The City Planning Commission recommends that the

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board deny the use variance for visitor accommodations. Thank you. MI 2023-006-506-4910

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Longshore Avenue. I vote yes with proviso. Must obtain certificate of occupancy and temporary

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variance expires 4-10-20-28. Thomas Holliman, my vote is yes with proviso. James Snell, my vote is

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yes with proviso. Thank you, counsel. Thank you. All right, number 10, MI 2023-006-522-2617

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North 11th Street. Henry Clinton is the attorney.

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There's a recommendation of support from the 37th

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Ward. Vote was 22 to 1

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in support.

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Oh, I'm sorry, in support. 22 to 1 in support.

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