civus
Hearing video

ZBA Hearing - May 17, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 17, 20237h 55m

Mr. Everquick.

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Okay.

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Okay. Mr. Quick.

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Hi, this is Rustin Oller. Eric's not on, I don't know.

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

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Yeah, Rustin Oller. First name R-U-S-T-I-N. Last name Oller, O-H-L-E-R. Harmon Deutsch Oller Architecture.

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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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Proceed, counsel.

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my understanding is that we we did address some of those concerns from cdr we did expand

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the sidewalks did we not uh yeah i can go through the the city planning and cdr comments um the

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why don't you go through the comments about what what was just raised sure yeah um so we have more

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than enough open space on the site. We're not here seeking refusal for open space. As

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part of the CDR comments, we were requested to increase the sidewalk width and also add

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some additional outdoor amenities in addition to the parking. So we did add an on-site playground

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so that there is yard space for all the ground floor units. There's balconies for all of

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the upper units. So every unit has private outdoor space. And then there's also common

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Upper units, so every unit has private outdoor space, and then there's also common outdoor space by way of a playground, which was added as part of the CDR comments.

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outdoor

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How about the question of parking?

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So parking, when we went through the neighborhood group, was a concern that we addressed, and that's why we have the amount of parking on the site that we have.

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um you know this is a highly it's not readily serviced by uh public transportation other than

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a bus route um it's a highly car centric neighborhood as with the surrounding

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developments some of the other developments park um on the street so we feel that the parking that

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we're supplying is adequate and necessary all right thank you very much um i'm going to hold

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this to next week next uh tuesday at two o'clock and it's closed for this and we're just going to

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work on what what we can put in a proviso for this mr knockamson we'll vote for this next tuesday at

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two o'clock and thank you very much and i think i think you're staying on

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MI 2022-007-642-1830 Diamond Street is what we spoke about earlier.

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Can we identify your client in relationship to the property?

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Yes, my client is SJC Real Estate and in the virtual audience is Shanti Cooks.

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Our vice chair has a few questions.

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Council, do you agree to weigh the reading of the refusal and stipulate to its accuracy?

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You there?

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Yes, I do.

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Okay.

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Sorry, I didn't hear you.

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Have you emailed in all the required documents that are needed to proceed with this case

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five days in advance of this hearing?

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Yes.

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Thank you.

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Please proceed and share your screen.

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all right so this is a pretty straightforward project um 1830 diamond street um we're on the

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heart of the temple university campus um and what we're proposing to do with this rm1 property is

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have a two-unit visitor accommodation use we'll review the notice of refusal uh the letter of

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non-opposition from the coordinating rco the 32nd democratic ward the nearby airbnb listings there

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are a number of airbnb listings um nearby but you know we believe that the quality of what we're

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offering is is more in line of what should be in the community again people you know we always

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focus on the students at temple university and student housing but there's also parents and

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and visitors who, you know, who need accommodations near the Temple University campus.

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So we believe that this temp, this visitor accommodation use is reasonable under circumstances.

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Maps of the area, photographs of the property, interior photographs.

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You'll see how this property has already been furnished.

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It hasn't been used ever, but it has been furnished.

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Our plans and drawings just showing just roughly what you would expect from the floor plans.

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our RCO meeting notice or application for appeal that we filed on behalf of SJC Real Estate and

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the deed to property showing that SJC Real Estate is the owner of the property and a certificate of

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tax clearance. Again, in the virtual audience is Shati Cooks. Its member will virtually raise his

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hand, be sworn in, and adopt my testimony as his own. So a notice refusal is this. We're not trying

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an increased density in any way. Instead of long-term occupancy, occupancy of an individual

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more than 30 days, we're asking for short-term accommodations. So we have two units that's

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right. We're allowed to do that as an RM1 property. We're just asking for the ability

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to rent on a short-term basis. And again, the community was in support of this. Now,

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they have to provide over temporary variance. I understand the reason for temporary variance.

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This is a long, extensive process and expensive process.

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We would ask the board that two years is too short a period of time to have to come all the ways back here and spend that time and money on this.

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Right now, it's a six-month process from beginning to end if everything goes right.

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So I would ask that we have a minimum of what we have a five year variance, a temporary variance, if the board feels so inclined to grant this proposal.

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And then nearby Airbnb, we just went online and looked up, you know, Airbnb, and we said, okay, what's in close proximity? There's, it's not enough character to have Airbnb use, but, you know, people renting $24, $24, $71, $32, people are probably renting by the room.

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And then nearby Airbnb, we just went online and looked up, you know, Airbnb.

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I don't know how appropriate that is.

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Maybe they're doing as limited lodging

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and they live in the property themselves

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and they're renting out a room.

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We don't want to do that.

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We want to provide nice accommodations.

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There is really no hotel accommodations

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nearby a temple.

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You would have to go downtown

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if you're visiting a student who goes to temple.

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So we want something that's responsible

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and we're not trying to go into the heart

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of the residential portion of the neighborhood.

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Diamond Street is one of those streets that everyone knows is, you know, an R-in-1 part of the neighborhood.

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We can even, you know, this is a rather large-sized lot of 2,075 square feet.

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We're not even trying to put more units than two.

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We could.

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We're not trying to.

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We just want to responsibly use this as a two-unit visitor accommodation.

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And then you'll see, again, we're on a strip of R-in-1 properties.

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You know, again, Diamond Street is well known for their multifamily use.

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And when, you know, here's a map of the area from a Google map perspective.

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And then photographs of the property.

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Again, my client really has cleaned up the property inside and out.

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You know, they would prefer to have this as visitor accommodation.

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Again, focusing more on, you know, parents that visit and things like that.

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rather than, you know, having a student housing

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where we can add a lot more units

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than we're even proposing today.

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And then these are the hearing notice posters

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showing proof of posting for today's hearing.

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It's really important to my client,

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like he professionally manages these properties,

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but also security.

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So he makes sure that his cameras throughout

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to make sure that, you know, from a security perspective,

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not just from his client's perspective,

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but also nearby neighbors to make sure that, you know, everyone's behaved.

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Just like Airbnb rates landlords, Airbnb also rates tenants.

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And his intention is to only rent to tenants who have excellent ratings and reviews.

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So that's one of the benefits of Airbnb.

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And his intention is not to be a nuisance in this neighborhood.

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it. And based on each, you'll see not just the exterior, but the interior is to actually improve

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the housing stock nearby. This is Diamond Street to the right of the property, Diamond Street to

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the left of the property. Our interior photos, again, he has never used this, but he completely

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gutted out this place and restored it with a minor look and feel.

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and then our plans and drawings again uh there is you know he didn't create a roof deck he didn't

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change the building uh dimensions in any way uh again just a comfortable floor plan um he's

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looking to rent to families like who are visiting you know their loved ones who go to town

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In our RCO meeting notice, we met on March 30th at 6 p.m., 137 addresses were notified to list the addresses prevailing to those addresses.

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Our application for appeal is showing that SJC real estate is the owner by way of this application.

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D to property showing that they own their property.

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And our certificate of tax plans.

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With that being said, I would ask that Mr. Cooks virtually raise his hand.

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Peace out, honey.

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Sir, could you state your name, please, and spell for the court reporter?

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Yes, my name is Shati Cooks, S-H-A-T-E-E, Cooks, C-O-O-K-S.

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Right.

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

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Yes.

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Proceed, counsel.

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Yes, Mr. Cooks, you heard everything I had to state today about 1830 diamond strength.

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Correct.

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And is it true and correct what I stated?

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Correct.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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Can I have strawberry mansion community with me on that?

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I just for the record, could you state your name? You've already been sworn.

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Bonita Cummings.

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Bonita Cummings.

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Proceed.

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Proceed.

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In April of 2023, recently, Resolution No. 230112 called to the city to come and testify regarding the visitor accommodation license process and how it would impact upon their residential blocks.

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What we're saying is that for North Philadelphia, this particular location would just really increase the number of properties that would then come forward to want to be given this visitor accommodation license.

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And what we're just asking for is the opportunity to let the city get this right so that we don't have a nuisance situation in our blocks, which are not situated to accommodate hotel states or hotels, because that transient living creates that.

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1830 Diamond Street is also already situated in a part of the city where the living that is there, whether it's apartment, multifamily use, is terrorizing that community.

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Trash, all of the residential blocks, Gratt Street, and other families that don't live transient are suffering from some of this type of living.

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If we increase it without having a handle on it, we're asking for a burdensome situation for our blocks.

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So we're just really asking them to just to continue this until such time as we can get it right.

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And we are already in discussion with it.

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And I don't think that that's, you know, unreasonable to not burden blocks who don't have the capacity to micromanage residents for L&I.

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It's not fair to these blocks to have to become L&I inspectors or call L&I or try to make all of these complaints.

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He's asking for five years.

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That's a long time.

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And if we get it right, we won't need five years because they won't be permitted in certain places. They will be permitted in certain places. And my concern on being a longtime person of doing these zoning matters is that the zoning board will also be compromised and that once one is in a block, the attorneys come with their statistics of, well, one is there.

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Now you got to say, well, we approved two. And now we got a transient block, transient residential blocks, because one was permitted to go. So we're just asking this board to support at least allowing us to get this back before all of the people, the planning commission, L&I, and of course the zoning board, so that we can do this right.

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Right. That property for my community, for North Philly, was set off an avalanche of these type of requests. And as far as Airbnb go, is Airbnb the company? Many of those things that you might have saw on that slide are just people saying, is Airbnb just using the terminology?

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So we're just asking for the support, which is not harmful to anyone at this time to let

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us get this right so that we don't have to suffer in our blocks with nuisances of these

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transient hotel living rights.

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All right.

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Thank you for calling in.

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We appreciate your input.

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Anyone else in the virtual audience?

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Excuse me, Mr.

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Yes.

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I have a question for the council.

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Has work been done already without zoning approval?

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Just we restored the property, but we haven't used the property.

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You converted into AB for an inverter?

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No, it's just two units.

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It was previously.

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The duplex, Tom.

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Yeah.

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Okay, thank you.

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Anyone else? What comments?

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Planning Commission.

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This is Ron Bednar, City Planning.

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The property is indicated for residential use on a city plan.

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The comprehensive plan recommends no change to the residential multifamily zoning dislocation.

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Applicant's hardship is not supported with evidence of unique physical circumstances or conditions that would prevent it from being used in conforming with the code.

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Therefore, we recommend request for variance not be granted.

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um mi 2020 and mr knockups and i heard what you said and i also see here

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what the 32nd ward rco said so mi 2022 007 642 1830

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MI 2022-007-642-1830 Diamond Street.

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I vote yes, but with proviso.

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Two-year proviso expires 5-18-25.

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Thomas Hallman, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you.

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Thank you, Mr. Nakamura.

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Mr. Chair, can you just have Tom restate his vote?

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Tom, restate yours one more time.

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You sort of fell off a little bit.

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