civus
Hearing video

ZBA Hearing - March 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 18, 20265h 49m

shop multiple principal uses maximum occupied area and rear yard depth thank you um so mi2025

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000 398 1325 south 23rd street i vote yes revised plans stamped by zba 318 is that right

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Revised plan, stamped by ZBA 318. Is that right? One page. That's the proviso. Revised plan, stamped by ZBA, one page on 318.26.

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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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Tynetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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hi owen my vote is yes with proviso thank you very much thank you thank you very much indeed

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sure thanks good luck sir number five mi 2025 001 545 3711 fairmont avenue

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eric carroll is the attorney um could we ever get an rcl on this hillary

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meeting was held august 26 2025. i heard you ask about the rco if i could explain

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okay sure why don't we do that why don't you state your name and spell for the stenographer

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sure uh eric carroll eric carroll on behalf of the owner applicant nicole dryden smith

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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 and and uh so before we start when he just tell us about the uh issue sure so we had

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the original listing for this hearing was in september it was continued to today for

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a couple of reasons um but we did have a a rco meeting back in august august 26 2025

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25. That's correct. And with the Mantua Civic Association at 3729 Mellon Street, I appeared

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with my client. It was a very sparsely attended meeting. Nobody wanted to vote. The chairman and

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I'm sorry, the president, Dwayne Drummond, and the secretary told me they would issue a letter

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of non-opposition. They never did. And I have as part of my exhibit packet that I uploaded last

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week i have my emails to them requesting on multiple occasions something okay our vice

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chair has a few questions for you sure good morning have you uh submitted your documents

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and exhibits five days in advance of this hearing i have and do you waive the reading

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of the refusals and stipulate to its accuracy i do i think you can share your screen to proceed

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with your case. Thank you. My client is the owner of 3711 Fairmount Avenue in the Mancho

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section of the city. This is a photo of the building as it appeared within the last month.

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It's a zoned RSA 5. It's a three-story row home. It's almost 1,500 square foot lot, existing

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buildings 1,676 square feet, 18 feet wide, and a lot length of 83 feet. The existing building

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is only 28 feet long and with a height of 31.6. We're here today seeking a variance strictly for

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the use because this is RSA 5. We are proposing a three-unit multifamily property. We're not

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requesting any uh dimensional variances this property is in pretty bad condition and will

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have to be rebuilt the top two floors will have to be substantially removed if not completely

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and we'll have to do a lot of reworking of the first floor but once finished it's the dimensions

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will be exactly the same 31 feet high 18 feet wide the only difference it'll be a lot longer

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going back towards the rear of the property nevertheless will still meet the

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open lot requirements and all the other dimensional requirements

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as you said this is a photo of the building as it looks right now

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this is the front door with the notice of zoning appeals posted to the east of the property

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is an alley which will provide access for the residents of the building to the rear where they

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can store trash and recycling. This property, this is one property all the way to the right here in

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this photo. It's a corner store with either one or two units residential above it. To the left

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on this block, there were three other properties. This is to the west. There's one property which

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looks to be an occupied single family there's a vacant lot and then there's i think an unoccupied

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two-story building across directly across the street are similar buildings i mean obviously

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you see the vacant lot to the right and to the left in this photo the one building has

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The one building has five units as it stands.

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five units as it stands this middle building has two and the one

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This middle building has two, and the one here to the left has two as well.

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And then you go down to the end of the block across the street, and you've got a vacant three-story building.

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So as I said, this is a copy of the refusal.

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We're proposing a multifamily household living with three dwelling units.

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That's obviously not prevented in RSA 5, and that's the purpose we're appearing today.

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This is the application.

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uh here are the plans so we said the building will be extended about an additional 34 feet

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in length going back towards the rear but looking at it from the front it would appear

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it would appear almost exactly the same in terms of the height and and the width

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uh we're gonna have three units the zoom in

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you know one uh will be the basement of first floor that's going to be three beds four bass

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for a total of 1762 square feet unit two uh is the second floor three beds three baths for 901

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square feet in total and the unit three will be the third floor three beds three baths 952 square

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feet uh the reason we're seeking this variance is given this given this location the current

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condition of the block uh it is just it would be economically unfeasible to to build a single

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family three three-story home this is i uploaded the deed showing my client as the owner project

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information form this is the notice of public meeting i sent out to roughly 100 and 150 residents

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i got a substantial number of those back as undeliverable there are a number of undeveloped

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properties in this area right now and as i mentioned before i also uploaded my

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numerous emails to the rco for that letter of non-opposition

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um so i'm here nicole dryden smith the owner of the property is here today if i could have

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promoted the panelists please sure

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chair this is ian hegarty she will be coming back in as a pamela small small thank you

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what was in the basement

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uh the basement

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The basement will essentially be the living space for the living room in the basement storage for the first for the unit one.

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Yes.

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Okay.

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The bedrooms and the dining room and kitchen of unit one will be on the first floor.

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is she coming on oh there we go nicole dren smith is available now although uh

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ms dread smith you we're unable to hear you currently do you have your microphone on

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nicole we can there's no audio it doesn't look to be that you're muted though

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okay can you hear me now yes thank you hi hi could you please state your name and spell

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for the stenographer sure nicole dryden smith n-i-c-o-l-e-d-r-y-d-e-n-s-m-i-t-h do you

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swear or affirm to tell the truth the whole truth and nothing but the truth yes counsel thank you

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uh mrs dryden smith you're the owner of 3711 fairmont avenue yes okay uh were you present

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for my presentation regarding the property yes were all my statements truthful and accurate

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yes would you adopt my testimony as your own were you to testify before the board today

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yes thank you questions from the board yeah i have a few questions one just around management

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since the basement is proposed as living space um what's going to be the plan for utility

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management for the three units at the property well each um i mean there would be a separate

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i mean there would be a separate meter for there is a hallway or stairwell so there would be a

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meter for there is a hallway or stairwell so there would be a

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fourth electrical meter um but are you and then there's typically all the meters are in the

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basement and only one unit would now have access to that basement so what's going to happen when

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you know unit three needs to access their meters for whatever reason uh there would have to be some

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sort of whether it's leased or whether it's sold there would have to be some sort of provision in

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the documents for access. Other questions? Go ahead, Mike.

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Looking at this building, the first floor is approximately one foot above grade. What's

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the depth of the basement slab we pull the plans back up and what are you

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assuming for the make it easy what are you assuming for the ceiling height in

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the basement I do not know I need to ask the builder sorry okay

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Okay. Well, let's assume at a minimum you're going to meet code, which means that you're going to be at least seven foot six below grade. It's completely below grade. I have a real concern with having living a space completely below grade just in terms of light ventilation, although it does meet some codes.

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I think as far as livability, it's just a really terrible living condition to be living underground lower than a grave.

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That's one. That's one. Let me finish.

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Number two, you have on the first floor, you mentioned the units having access to the rear yard through an alley.

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But your property line goes from essentially building line to building line.

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so all of the units wouldn't have access to a rear yard from an alley right uh well that whole

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yes and that to the right there is that alley uh it's a little bit unclear as to who controls

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the current door to the alley but that alley runs the length of the block block going up 37th street

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um so so according to your site plan you it's an alley that is a i guess i don't know whether

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it's a private alley if it's not it's not part of your property line doesn't show

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it appears from my research according to atlas it's not it's it's a public alley because of the

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okay so you're going to have so your your goal is to have residents go down an alley

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that is a public alley,

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knowing the way that alleys are kept in Philadelphia

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to put their trash in the rear yard and access their trash,

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where you don't have control

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over how it's maintained or secured.

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That is a bad idea, right?

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Then on your ground floor unit,

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you're going through a bedroom to access a rear yard.

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You've got three bedrooms,

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and that's another bad situation

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where you have to go through someone's bedroom, someone's private space, to access another public

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space. Bad layout. For a three-bedroom unit, the units are just too small in terms of the

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living space for the individuals that are going to live there. Three-bedroom unit with a small

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kitchen combined living room just doesn't work for three, three, you know, a unit, a three bedroom

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unit. So I have serious problems with, uh, these plans. How, how many bathrooms are in for the

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total project? Um, 10. 10 bathrooms? Yes. Okay. Is this student housing? Um, not, not necessarily.

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Well, the questions questions from our attorney, not excuse me, not at this time. Mr. share.

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Questions or comments from the virtual audience.

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Mr. chair, I do not see any hands raised.

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planning commission thank you mr chairman and good morning david effecto with the city planning

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commission chairman and board members the comprehensive plan recommends no change to the

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recommends no change to the rsa5 residential single-family zoning at this location the city

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rsa 5 residential single-family zone

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rezoned this neighborhood in 2017 in accord with recommendations in the comprehensive plan

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there is no unique physical physical condition or circumstance of this property that would prevent

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it from being used in conformance with the zoning code the city planning commission recommends that

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board deny the proposed use variance for three dwelling units mi 2025 001 545 3711 fairmount

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avenue i vote no michael johns my vote is no cheryl gaston my vote is no tanetta graham

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my vote is no mcadams my vote is no tyo in my vote is no number seven please mi 2025

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525-001-551-120 Dawson Street.

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Stephanie Hoover is the owner applicant.

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It's a pro se.

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They will be rejoining us.

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The panel is short, Mr. Chair.

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Thank you.

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hi all can you hear me yes we can could you please see my camera's working as

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well could you please state your name it's spelled for the sonographer my

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name is Stephanie Hoover s-t-e-p-h-a-n-i-e Hoover h-o-o-v-e-r do you swear or affirm

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to tell the truth the whole truth nothing but the truth I do so this

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application is for the use as visitor accommodation in an existing structure

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whereas the proposed use visitor accommodation is prohibited in the rsa5 zoning district um

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i believe if i'm correct hillary we now have a a letter of opposition for this i think so stephanie

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we received a letter i think this morning of opposition from the rco okay all right and our

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vice chair has a few questions for you okay good morning good morning have you submitted your

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documents and exhibits five days in advance of this hearing yes okay and do you waive the

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written of the refusal and stipulate to its accuracy i'm sorry do i uh do you waive the

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well the chair just read your refusal do you stipulate to its accuracy the accuracy of the

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refusal? I think so. Yes, I do. I think you're thinking right. All right, thank you. You can share your screen and proceed with me.

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So, Stephanie, well, first of all, tell us what you want to do, and then just so you know, we have all your documents.

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And what we would want to see then is photos and or plans.

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Okay.

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So tell us what you want to do.

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At this point, overall, I would just like to have a short-term rental permit to potentially put my house on Airbnb or VRBO when I have spaces between tenants in this home.

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Okay.

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Please proceed then.

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Okay.

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Can you guys see my?

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we see it says 120 dawson street yep perfect okay um all right so i'm just going to start

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with the exterior photos of the property yep um so this is the front of our house um it's just

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your standard brick row home this is our backyard with my dog making a guest appearance um

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um and then moving to the interior of the property this is the front room when you

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initially walk in the home. It's split by a staircase. From then, you move on to the living

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space. And then beyond the living space is this kitchen as well. And then the kitchen opens up

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to that backyard that I showed earlier. Upstairs, there are two bedrooms.

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This is a bedroom in the rear of the home. This is the bedroom in the front of the home.

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They both have closets.

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And then here is our interior bathroom, which is at the rear of the home.

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Moving on, I just copied our letter to the neighbors prior to our public meeting.

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meeting. I have our refusal letter. Our certificate of mailing, which was submitted. I'm sparing you

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I have our refusal letter.

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guys the 17 pages of this. A copy of our deed. Additional copies of the deeds and the real

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estate transfer tax certification um photos of our notice of zoning appeal and our tax clearance

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is there anything else that i need so why don't why don't you try to explain so you're saying

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that's a rental property right now yes yeah it's a rental property and you're saying that when

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you're between tenants if you don't have a tenant you'd want to have an airbnb yeah i would like to

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just make sure that we don't lose funds if we have you know space between our tenants so i'm looking

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at this as kind of a security option for us financially have you talked to your next door

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neighbors about this yes i have i'm friends with both of them all right all right okay questions

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from the board yeah what was the rco meeting held it was right

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january 15 20 26 we've received a letter this morning i don't know that she has the letter

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and what was the that's a letter of opposition position okay and so i guess my question is

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what was the commentary at the rco meeting like what feedback was received um i haven't seen the

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letter oh go ahead oh i mean when you went there yeah when we were at the meeting i mean everyone

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was more just asking you know would i be a responsible host in those instances um worried

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about you know anything that there are some of those negative connotations with airbnb

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um but i explained everyone i've been an airbnb host for over 10 years um so and i have a very

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good rating i've never had issues previously i always make sure that anyone that is in my home

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is screened ahead of time. I always ask questions. Why are they in the area? And I've never had any

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