civus
Hearing video

ZBA Hearing - September 27, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 27, 20235h 5m

The second level, which would be part of the lower unit, would consist of a bedroom, living area, and kitchen.

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The top unit would consist of the second and third floors, which would have access to the roof deck, which is proposed.

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the uh second top unit would have a living area kitchen with bath on the second level

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and on the third level it would be a i'm sorry the bed it would only be a powder room or a

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half bath on this on the second level third level would have two bedrooms and a full bath

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Each of these units would be approximately 1,200 square foot of living area for the occupants.

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We have also show you the front and rear of the renderings provided by the architect, which show access from the first and lower level to the courtyard patio.

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The top roof will have a top unit will have a roof deck, which would be accessed through a pilot house on the roof.

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I'd like to go back to the RCO meeting summary.

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And as you can see, there was no members of the community were present.

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Um, and however, the, uh, the RCO, which is the, um, all in the family, uh, RCDC wrote a letter, which had some, uh, comments, though they approve of the use of this property as a duplex to family residents.

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They had some objections to the appearance of the property.

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Their comments were that they would like to have the building align with the character of the community.

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I question that because there is no, other than the one abandoned building, which if anyone was going to develop it, in my opinion, would most likely be demolished.

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The rest of the block is all vacant lots.

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The other thing is they oppose the interior design and layout.

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Now, they have no objection to a duplex, but they would like the basement area to be used

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for utilities and those kinds of purposes rather than living area.

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Unfortunately, that would diminish the amount of square footage each of the residents would

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have to occupy, and also would have an impact on the access to the rear yard or courtyard

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for the lower unit occupant.

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The other request addresses trash maintenance for the tenants.

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We are willing to have some type of proviso for trash maintenance.

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However, we believe that the trash would be best managed with the lower unit having access to the rear courtyard to store trash and the upper unit having access to the roof.

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And the upper unit having access to the roof deck, which, again, would provide an outdoor access for storage of trash for that occupant of the upper unit.

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The other questions that were raised at the meeting by the, I believe it was the executive director, as I said, there was no community members present, or at least they'd ever identified any community members.

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Whereas addressing the cost and or the amount of rent that would be charged, unfortunately, we were not able to give a specific amount of rent because of the rent is going to be based on the cost of the construction.

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And I just would like to note that I just had the opportunity to participate at a common police court trial involving construction, and three experts testified that the cost of construction in the past two years has raised as much as 30% for the cost of construction.

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And that's why we're unable to identify at this time what the rent would be for the occupants of these two units.

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And I can appreciate the community wanting to know that, but we are just not in the ability to calculate what we would have to charge rent once the construction has been completed.

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It's just not possible at this time.

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And like I said, the other proviso was that they wanted to provide for the basement to be used solely for utilities and washers and dryers.

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If you look at the plans, the architect has designed the property to have those types of facilities within each unit and not utilize just the basement for the providing of the utilities and washers and dryers to each unit.

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I would just like to say that I believe that the managing member of the LLC, which is CMGT LLC, is present, and I would like to have her identified and provided so she can adopt my testimony.

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Sure. Let's get your client on.

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Her name is Ellie Woods.

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Can we promote her, please?

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Ms. Woods, please unmute yourself and wait for the chair.

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Ellie Woods, you're free to speak.

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Please unmute yourself.

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Yes.

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Hello.

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Hello, ma'am.

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Can you please state your name and spell it for the court reporter?

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Yes, my name is Ellie Woods, E-L-L-E, last name is W-O-O-D-S.

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

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I do.

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Please proceed.

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Ms. Woods, are you the managing member of the CMGT LLC, the property owner of 2306 North 21st Street?

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Yes, I am.

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And did you hear my comments and testimony presented to the board today?

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Yes, I did.

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And would you adopt that testimony as truthful, accurate, and would be your own testimony if you were to provide that to the board today?

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Yes, I do.

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Thank you.

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Thank you. Questions from the board?

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No, Mr. Chairman.

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no mr jim uh i do have one question so on the uh second the second unit is there an emergency

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exit um uh for the property only to the roof so the mercy exit only to the roof

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I believe that there were discussions and plans to have some type of a collapsible ladder to exit the building.

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That was one of the possibilities.

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But of course, they have the front entrance, separate front entrance.

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But, of course, they have the front entrance, separate front entrance, but the only other exit from that second level unit, second and third level unit, would be to the roof deck.

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Understood.

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Questions from the virtual audience?

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Yes, Chair, we have Odessa Tate.

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Please, promoter.

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Hello, am I audible? Can you guys hear me?

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hey please state your name and spell it for the court reporter please my name is Odessa Tate

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O-D-E-S-S-A last name T-A-T-E thank you do you swear to tell the truth the whole truth

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nothing but the truth I do proceed okay so all in a family will support the two family dwelling if

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and only if the structure is built according to the pre-existing fabric of the said block

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and community. The three-story landscape yields a partial third story that does not extend the

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full length of the building. With this build, it's important to note when we say what's next

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door, but what's also in the other adjoining blocks. This is just 100 of the blocks. So the

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consistency and the fabric of the community is what's made is what I just explained. And if you

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have a bill like this on the one block with the hopes of the building next door being demolished,

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it sets the precedent for other bills as such on the block and we don't want that.

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So initially when I asked what the rental would be for the two units, the response was

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undetermined because they have not received all the construction costs. So the rents are based

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on the construction cost of an elaborate build that is a rarity based on the existing architecture.

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The build presented is more immense than cost based on overall rehab. Ms. L, the owner, later

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made clear in the meeting that she wants affordable housing for the community. She mentioned that a

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single-family build did not fit into the realm of affordability. However, dividing the units into

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two, would achieve the aim of affordability and sit in the range of people's budgets.

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She also mentioned that the planning of construction from materials to the build are part of the

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goal for affordable housing.

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Lastly, she knows that in Philadelphia, the starting point is maybe $1,800 for rent.

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She and the owners of the LLC are shooting for $1,500 to $1,600 to make the rentals as

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affordable as can be made.

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So again, I insist that the bill match the existing fabric of the community. And most importantly, the space can be better utilized to promote affordability. The first floor is one unit, no basement living, but storage is allowed. And the second and third stories combined for two units, which is something that is being done in the community that we will look at as acceptable.

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But according to affordability measures for the 19132 area and as per PHA, for one bedroom is $935, for two bedrooms is $1,133, and for three bedrooms is $1,375.

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Thank you for your time.

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Thank you for your testimony.

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Anyone else in the virtual audience?

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I see no handshare.

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this planning commission Ron Bednar city planning property is indicated for residential use on the

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city plan or adopted district plan recommends no change to the existing single family zoning at

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this location the applicant's hardship is not supported with evidence of unique physical

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circumstances or condition of the property that would prevent it from being used in

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conformity with the use requirements of the code therefore we recommend the request variance not

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be granted.

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Counselor, do you want to say anything to that?

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I just wanted to move into the record, the exhibits, the documents that were addressed

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in the presentation.

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Understood.

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MI-2023-001539, 2306 North 21st Street, my vote is no.

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Thomas Holloman, my vote is no.

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LaBaron Leonard Palmer, my vote is no.

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Thank you.

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MI-2023-001538, 4210 Medellin Street, Vern Anastasia.

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4210 Medellin Street, Vern Anastagio.

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Vern Anastagio is coming back in as a public panelist.

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This is a refusal for two family household living is prohibited in a RAS-3 zoning district.

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did they receive a letter of non-opposition from the

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Holmesburg Civic Association?

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Are you there? Yes, Mr. Shahid. Good evening.

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Good evening. Can you state your name and spell it for the court reporter, please?

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Yes, sir. Vern Anastasio, V-E-R-N, last name

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A-N-A-S-T-A-S-I-O, 2016

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Spruce, Philadelphia, 19103.

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Do you agree to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir.

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Can you please state your client and your relationship to me?

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Ivy Zhao is my client.

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She is the representative agent for the property in question.

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Thank you.

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You swear to tell...

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I've got a little tongue-tied.

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I've got to switch gears here.

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It's okay.

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Do you swear to tell the – I swear. I swear.

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All right. Have you emailed all the required documents in five days in advance before this hearing?

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Yes, sir.

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Please proceed.

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Thank you.

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4210 Meridian proposed use is the two-family dwelling.

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Basically, we're just legalizing a preexisting nonconforming use.

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we have submitting today is the interior layout and photos both exterior and interior as you can

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see these are listing photos and they are photos of the two units in addition to the two units

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we have two electric meters uh here's proof of posting the deed you've already received a letter

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of non-opposition from the community uh everyone knows in this neighborhood that this property has

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been a two-family dwelling for quite a long time if you look at the history 19 you know 49 36

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and uh additionally here uh two-family dwelling uh it's known use of the property

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and it's been a two-family dwelling for quite a long time i think what happened here was a

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rental license wasn't kept up as a result underlying rsa3 category kicked in my client

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purchased the property as it presented itself as a two-family and would like to get the uh

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the rental license for two families so that he and they can ensure that good folks stay in the

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property and they have the ability to evict if things don't go their way. Without the zoning

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variance, they can't get the two-family rental license and they won't be able to ensure that the

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occupants of the property care for the property and respect the community. As a result, the

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community has, I'm not going to bring it up here, although I have it handy, has submitted a letter

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of non-opposition for the legalization of the pre-existing two-family dwelling. And given the

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history, I respectfully request the granting of the variance. With that, I'm asking if Ms.

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Zhao is available to raise their hand and be sworn in to adopt my testimony.

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Can you please promote her, please?

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I'm checking for her now.

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Currently, no hands are raised.

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Ms. Zal, please raise your virtual hand.

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There is a language barrier, Mr. Chair, so that may be an issue.

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Understood.

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Yeah, there's no means at this time, Chair.

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uh your officer of the court we we can take yours thank you uh questions my client moves of my

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client moves my presentation as their own testimony into evidence as well as the exhibits thank you

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counselor questions from the board no mr chairman the baron

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no mr chairman questions from the virtual audience

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no mr chairman questions from the virtual audience

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mr chair this is hillary i just have a quick question um mr anastasio this property zoned

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rsa3 which would require two parking spaces i know that that was not indicated in the refusal

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but in looking at the photos it appears there is already one there is a garage space in the rear

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am i correct about that but there would still need to be a variance for a second parking space

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there is uh there is uh accessory parking you know attached to you know uh regarding the uh

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garage and so yeah there is existing parking and there are no refusals generated as a result of

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parking okay because it should if there was parking on the premises it should have been

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noted on the refusal because it is a requirement of the rsa3 zoning um and if if if your contention

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is that there are two spaces there then that would need to be documented with l and i because

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all that we can okay so there's just one space with the garage yeah i'm not i'm not uh

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i'm not asserting anything other than we applied for a two-family dwelling dwelling with all

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existing um uh matters already under you know under consideration so as a result

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uh whatever there happens to be uh before our application i mean there is i'm not gonna

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say affirmatively or otherwise uh with regard to the parking other than there's there's one

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there's a one car garage and that's that's what we okay well that's yeah so that's yeah so we know

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So, basically, if the board grants this, they would also need to indicate that there's a variance granted for an additional parking space.

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This was a use refusal, so there wasn't plans submitted, but there still should have been documentation of the existing space since parking is required in the RSA 3 zoning district.

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Yeah, no such documentation was required by L&I.

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Yes. Okay. Thank you, Vern.

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Thank you.

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So, Vern, outside of the actual garage, there's no parking in the rear of the property.

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That's correct.

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Understood.

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Any questions from the virtual audience?

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I see no hands, Chair.

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So, no hands.

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Planning Commission?

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Ryan Bednar, City Planning.

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

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in the documented use or site use history.

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We have no objection to the granting of the variance.

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Now, Hillary, you said you want to add a proviso in there?

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Yes, Mr. Shahid.

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