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Hearing video

ZBA Hearing - November 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 2, 20224h 14m

Thank you.

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Okay, Chair, we have 23 attendees, and we can start as you wish.

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Okay, thank you.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is Ismail Shahid, our board secretary.

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here mr chair thank you thomas holliman our board member present mr chairman thank you

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james snell our board member present mr chairman also here is our board attorney hillary emerson

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and also our zba hearing supervisor lakeisha dandy before we begin here's our virtual format

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Be advised that proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting tonyasunkett at phillip.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548. Leave your email and the address

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to the property in question. And finally, the question-answer box on the screen is not for

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comments or testimony. All comments should be referred to our Executive Director, Tanya Sunkit.

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So let's look at our continuances for this morning's hearing.

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number four mi 2021 001 959 2349 north 20th street that case is continued

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um number 11

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mi 2022 003 289 303 brown street that case is continued

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Number 12, MI-2021-003-544-5007 North Fish Street.

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That case is continued.

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Number 13, MI-2022-003-288-303 Brown Street.

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Number C.

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number 14 MI 2022 000 666 2452 West Toronto Street. That case is continued. Does anyone

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have any comments relative to the cases I just listed for continuing?

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Good morning, Chair. This is Yvette Benton. I see no hands at this time.

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Thank you. Other requests for continuance?

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Chair, we have Nicholas Foppiano. Mr. Foppiano, please unmute yourself and wait for the chair.

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

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Nicholas Foppiano, F-O-P-P-I-A-N-O.

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do you swear for him to tell the truth the whole truth and nothing but the truth

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yes sir i represent the the property at a north 20th street i believe he said it was continued

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but my my connection kind of blipped out let me see here

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that's number four mr chair on the list we did continue it i did continue that case sir

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okay thank you so much and thank you for granting that continuance last one i promise

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All right.

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Thank you.

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Bye.

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All right.

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Other requests for continuance?

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Chair, we have Vern Anastasio.

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Mr. Anastasio, you can unmute yourself and wait for the chair.

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Good morning, Mr. Anastasio. Good morning, Mr. Chairman.

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Good morning, Mr. Anastasio.

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Good morning, Mr. Chairman.

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Could you state your name, please?

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

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Yes, sir. Vern V, like Victor, E-R-N, Anastasio, A-N-A-S-T-A-S-I-O.

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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. Case number two, 7137 Wolland?

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Yes, sir. I have been in contact with the RCO as recently as last evening.

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I believe Craig sent over an email explaining that we would be working towards finally getting

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together. I know this was Mark must be heard. I respectfully request one final continuance. Thank

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you. All right. So MI 2022-000-485-7137 Woodland Avenue. That case is continued. Thank you, sir.

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sure sorry this is hillary did you hear that the two brown street cases were also already

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continued yes thank you okay all right great thank you go ahead mr chair all right good

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thank you other requests for continuance

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here i see no heads at this time okay so so let me go to case number eight mi 2022

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202-003-279-2810

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North 22nd Street. Ronald Coleman

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is the elicit applicant.

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Is there anyone in the audience by the way?

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With the phone number ending in 3552.

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Okay.

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Caller with the phone number ending in

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3552. Please unmute yourself

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and wait for the chair.

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Hello?

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Hi, good morning. Could you state

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your name and spell for the court reporter?

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Yes, Adrian Fernandez.

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My last name is spelled F-E-R-N-A-N-D-E-Z.

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Swampaddle Neighborhood Parts Association, RCO.

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Right. Do you swear

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or affirm to tell the truth, the whole truth, and nothing

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but the truth?

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Yes.

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So, you know, I see your request for it

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continuing, so I'm trying to see if I can get the property

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owner on the phone okay so just hold on one minute okay all right thanks is there anyone

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ronald coleman or beans ideal llc

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chair i see no one by that name at this time

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mi 2022 003 279 2810 north 22nd street that case is continued

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you. Thank you for calling in, by the way. Any other requests for continuance?

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Chair, I see no other hands at this time. So let me go to case number one, MI 2021-00-3347-639

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South Conestoga Street. There are no exhibits for this. This is the third listing.

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004-362-105-Bethlehem-Pike, request for reconsideration. I vote no to the reconsideration and rehearing.

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Thomas Holloman, my vote is no to the reconsideration and the rehearing.

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James Snell, no to reconsideration and rehearing.

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Ishmael Shahid, no to reconsideration and rehearing.

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Thank you. Number two on the add-on list, MI 2021-004-361-101 Bethlehem Pike. This is a request for reconsideration. I vote no to reconsideration and rehearing.

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Thomas Holloman, my vote is no to reconsideration and rehearing.

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James Snell, my vote is no to reconsideration and rehearing.

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Ishmael Shahid, a vote is no to reconsideration and rehearing.

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Accommodation is prohibited in the Zoning District RSA 5.

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Chair, Ms. Murray is coming back in as a panelist now.

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Thank you.

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Good morning.

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Could you state your name and spell for the court reporter?

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Sure.

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Good morning.

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It's Erin Murray, E-R-I-N-M-U-R-R-A-Y.

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

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I do.

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uh one of our board members thomas hallman has a few questions for you sure good morning madam

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did you email all of the exhibits and documents as required such as proof of ownership tax clearance

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copy of the refusal pictures of drawings of the property five days in advance to this hearing

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did you meet with the rco and do you have a letter yes i did i submitted all of those things

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Thank you. Please proceed and share your screen. Okay, just a second.

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Should be the green button on the bottom. Yeah, okay. Okay, so this is the presentation that

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we did for our neighborhood from which we got approval. So I'll just kind of run through this.

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um that's the picture of the property there 1511 east houston um this is just some necessary stuff

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there's the refusal we're applying to legalize our airbnb um proof that we've notified our

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neighbors okay so this slide shows kind of the layout of our property we purchased our property

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in 2014 as a single lot at 1506 east susquehanna and on the opposite side end of the lot was just

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a rundown garage and we always had intentions to turn that into um you know a workspace as well as

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like a mother-in-law suite um but we realized when we went to develop it that it was not we

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weren't able to do that by right so we had to subdivide the property which now you know creates

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two properties and that's the reason why we are applying for this appeal um but this little

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graphic down here with the pink and the blue people show you shows you the layout so where

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the blue people are that's where we live and occupy on susquehanna and we access the garage

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through the back as well as the front um and then the the rental or the two floors above that

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and the picture is of that garage space so scrolling down here that's a picture of like

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the original garage which we couldn't structurally keep and just build on top of so um and we came

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to realize that we weren't allowed to build on that by right because adus are not allowed in our

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zoning district or our our neighborhood um so we had to subdivide um and here's where i outlined

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hardship number two because people are curious why won't we just rent it long term um but we'd

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like to keep the flexibility of having this property that's you know just adjacent to ours

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to use for family and friends we do have older family members who we think will be living there

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in the coming years and we also do want to use it as an extra source of income um and have that

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flexibility that i can you know work from home as an artist and caregiver as well as a parent

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So that's our argument. This next slide is just showing that we aren't

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So that's our argument. This next slide is just showing that we aren't, we, you know, we're deeply invested in this neighborhood. There's a lot of energy saving features that went into this home. It's incredibly well built. We care about the neighborhood and building quality.

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and so we're not here just to suck money out of the neighborhood. We literally are the neighbor

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to this house. This is a selection of our reviews. A huge percentage of our guests are visiting

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family in the neighborhood, so a lot of people are very grateful to have the space, especially

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post-pandemic, to visit their young family in the neighborhood. Next slide here is a testimonial

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from an adjacent neighbor who we're very pleased being neighbors to this house.

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And then finally, just an image of the rental and just things that we do to make sure that

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this is not, there's no parties in this house. We have a two-day stay minimum. We only accept

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people with a well-reviewed guest history. We're right there. We access the space underneath this

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every day and are always on site. So as far as short-term rentals go, we're about as responsible

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as you get so please let us know if you have questions and the other thing is your fishtown

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neighbors association are in support of it correct thank you questions questions from the board no

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mr chairman no mr chairman questions or comments from the virtual audience

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chair i see no hands at this time thank you planning commission

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Good morning, Chair Bergman. This is Ian Hegarty for the Philadelphia City Planning Commission. Last name spelled H-E-G-A-R-T-Y.

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Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Proceed.

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Thank you. Good morning, Board members.

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Comprehensive plan recommends no change to the RSA 5 single-family zoning at this location.

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This building received a use registration permit as a single-family home in 2017.

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The property has been listed on a popular short-term rental site since at least January 2020.

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Short-term rental of non-primary residents was prohibited both before and after the recent code changes, but new licensing requirements have forced short-term rental hosts to apply to L&I for use registration permits.

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That's why we're seeing a lot of these lately at the board, just for background.

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um since there's nothing prohibiting the owner from using the property as a single family home

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or as a separate dwelling unit we believe that the applicant has not shown sufficient evidence

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of hardship um not being able to lease it for short-term use is not a hardship because it

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already has a use registration as a single family home um the proposed visitor accommodation use for

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the uh just for the record is a permanent change to the use regardless of who owns

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this property or the adjacent property. And I don't think there's anything in the deed tying

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the two properties together. So this would be a permanent change to this property to allow

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visitor accommodations. So given all that, we recommend that the board deny this variance.

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Thank you. MI 2022-003-272-1511 East Hauston Street. I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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James Snell, my vote is yes.

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Thank you, Ms. Murray.

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Thank you.

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Okay, number, let's see here.

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Number five.

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MI 2022-003-273-2012-24 East Arizona Street.

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Roger Perry is the attorney.

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rco letter from east kensington association hold on one minute

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from east kensington association

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mr chair we're still waiting for a letter in this case okay okay mr perry i'm sorry uh good

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morning, Roger Perry here. Morning, Mr. Perry. State your name and spell for the court reporter.

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Roger Perry, R-O-G-E-R. Last name Perry, P as in Peter, E-R-R-Y. Right. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? I do. Mr. Holliman has a few

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questions for you, sir. Thank you. Good morning, counsel. Do you agree to waive the reading

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of the refusal and stipulate to its accuracy?

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Yes, we do.

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Did you email all of the exhibits and documents as required,

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such as proof of ownership, tax clearance, copy of the refusal,

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pictures of drawings of the property, five days in advance to this hearing,

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Five days in advance to this hearing, and did you meet with the RCO, and do you have a letter?

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and did you meet with the RCO, and do you have...

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Yes, with the notation that the RCO is sending a confirming letter, but I do have their initial response as an exhibit today.

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So yes, as to everything else.

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okay share your screen sir uh thank you um i'm assuming i'm sharing what you see if i can

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can you see that no no we don't see anything yet okay so let me hit the green button on the bottom

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yep let me try that again

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there you go okay thank you as indicated when we initially were interviewed they don't see

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the final letter from the East Kensington Neighbors Association I assume it's somewhere

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in the works John said that it was set but he did send me this and you can see that this is

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the meeting summary form from East Kensington Neighbors Association. They supported the

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application, 12 in favor, one opposed, and he said a confirming letter is to follow, so

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