civus
Hearing video

ZBA Hearing - January 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 31, 20244h 17m

Sure. Good afternoon,

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Robert. Last name Everett.

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E-V-E-R-E-T-T.

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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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Do you swear for him to tell the

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truth, the whole truth, and nothing but the truth?

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I do.

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I do.

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Are you involved in 1359 Cree Street?

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Yes, I represent the Fishtown Neighbors Association Zoning Committee.

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And I think Ms. Sunken may have gotten a letter from her about a week and a half ago asking that it be withdrawn, but she didn't send the letter back in officially, I guess.

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Okay, so I've just moved that to be dismissed.

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That's fine with us.

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All right, thank you.

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Tom?

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Thomas Holloman, my vote is to dismiss.

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James Snell, my vote is to dismiss.

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Bushnell Shaheed, my vote is to dismiss.

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Thank you.

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And number six, MI 2022-005-589-1320 South Capitol Street.

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Latin car is the listed applicant.

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Bundy 1242 LLC.

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No exhibits.

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This is the third listing.

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no hands chair so mi 2022 005 589 1320 south capitol street i vote to dismiss

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thomas holloman my vote is to dismiss james snell my vote is to dismiss

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my vote is to dismiss thank you so the our case number three mi 2023

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three zero zero four five three three eight thirty two south front street caroline pina

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and christopher yeah jacko jacko is are the owner applicants um this is a pro se

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caroline pina has been promoted okay

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mr chair would you like me to read the refusal into the record

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Sure.

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This application is for the erection of a three-story attached structure that includes an interior parking garage located on the same lot as an existing single-family dwelling for use as an accessory dwelling unit.

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there is one use refusal an accessory dwelling unit must be located in a detached or semi-detached

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structure that already exists whereas the proposed accessory dwelling unit would be located

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in an attached structure that does not currently exist thank you carolina pina

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uh yes i'm here hi could you state your name and spell please for the courts and art for

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Sure. Carolina Pena, that's C-A-R-O-L-I-N-A, last name P-E-N-A.

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

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I do.

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Our vice chair has just a few questions for you.

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Sure.

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Good afternoon. Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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I did.

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Thank you. Please proceed and share your screen.

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can you see my screen okay okay so

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the project it's a single family house in a lot that is 100 feet long and it goes from

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front street to Howard street there was an existing one-story garage that was demolished

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um and the idea is to do a carport on the ground floor and then two stories for an accessory

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dwelling could you just get closer to the speaker we're having a hard time hearing

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sure can you hear me okay um try again hello that's low um can you still hear me a little

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bit go on we'll see if we can get through it go ahead okay so um that's much better there

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Okay. So this will be the carport at ground level and then two stories above that. And then this is how it's right now. This is the backyard. This is Howard Street. This is the front with the poster. This is down the street.

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so there are more houses that face Howard Street this will not be the only structure

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as you see I have another three-story house on my left and then a yard this is the mail-in

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to the neighbors this is the support letter from the neighborhood association and lastly this is the

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rendering of the proposed project so there will be a garage door with an entrance here

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here there will be stairs going up and then this will be the accessory dwelling unit that will be

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there will be stairs going up and then this will be the accessory

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used for my mom and this is our house that we're renovating here so um where's where's the house

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you're renovating uh back here this is the main house and then there is a yard that separates

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our house from the new accessory dwelling unit and we'll share the backyard

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Okay, so your house is on 833 South Front?

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That is correct.

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And this place is on the back street?

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Correct.

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Okay.

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And I'll take any questions.

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Okay, questions from the board?

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Okay, questions or comments from Hillary Emerson, our attorney?

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One comment briefly, Mr. Chair.

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Under the code, accessory dwelling units are not permitted to exceed 800 square feet in area.

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The proposal for this project is 900 square feet in area, not including the garage.

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So if the board decides to grant this, they would also be granting a variance for the square footage above what is permitted in the code.

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I agree.

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Thank you.

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Questions or comments from the virtual audience?

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Yes, Chair, I have three hands up so far. The first one is Martha Udo Inyang, and I will allow her to speak.

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Well, she, no, she was on Brown Street. I'm sorry.

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Okay, sorry. The next one will be Nicole Hoffman.

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Okay.

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And they have been allowed to speak.

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Hi, Nicole, could you state your name and spell, please, for the court stenographer?

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Yes, Nicole Hoffman, H-O-F-M-A-N-N.

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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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Yes.

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Are you a neighbor?

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I am.

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Okay, please proceed.

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I would like to just register my vote to oppose this project, mainly for the reason that an accessory dwelling is, by the code, meant to be attached.

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In practicality, what this will do for the neighborhood is to turn a one, a single family dwelling into a multi-unit dwelling, which is obviously outside of the code as it is currently written.

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and myself and a number of the other neighbors as well,

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some of whom I believe are on this call,

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oppose the idea of turning this

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into a multi-unit dwelling.

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We feel that it would degrade the neighborhood.

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As you can tell, it's a very small street.

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It's a very small neighborhood

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that is for the most part made up of single family homes.

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Okay, thank you for your call.

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Thank you.

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Anyone else in the virtual audience?

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Yes, Greg Line is next.

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He will be allowed to speak.

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Okay, thank you.

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Could you state your name, sir, and spell for the court stenographer?

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Yes, can you hear me?

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I can.

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Yes, thank you.

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Greg Line, G-R-E-G, first name, last name is Line, L-I-N-E.

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Hold on one minute.

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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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Are you a neighbor?

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Yes. You can actually see our house on Howard Street. We live two houses down in one of the previous pictures that Carolina had shared.

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Sure.

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I support Nicole in opposing this. We are concerned that the lot could be subdivided in the future, that this could potentially be rented out to Airbnb.

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be. I know this was brought up at the Queen Village Neighbors Association, which I opposed

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then as well too, is that garages cannot be built on street frontages. This would be a new garage

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that was being built. The other garages on the street, which they're minimal ones, were there

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before the existing zoning laws that Queen Village had enacted for the neighborhood that were

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already there. So we're very concerned about that. I believe that Ray Evers, whose house is right

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next door to where this is going to be built, is also opposed to this as well, too. And I've

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spoken to several neighbors on Beck Street, which is the main street where we live, but the side of

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our house is on Howard, are opposed to this as well, too. Thank you very much for your call.

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Is there anyone else in the audience? Yes, Ray Evers. Ray Evers is allowed to speak.

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Yes, Ray Evers.

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Ray Evers is allowed to speak.

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Okay.

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Okay.

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Mr. Evers, didn't I swear you were earlier today?

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Mr. Evers, can you unmute yourself?

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Can you hear me now?

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Mr. Evers, didn't I swear you were earlier today?

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You did, sir.

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I'm a neighborhood guy.

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Okay, just state your name for the record.

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Ray Evers, E-V-E-R-S.

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Please proceed.

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Sir, yeah, I'm kind of split in reference to what Caroline wants to do, and she has been very attentive to the needs to, you know, what's going on when there's construction in a small neighborhood.

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I live at 811 South Howard on the house with the kind of the orange front door.

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my my issues are what some of the other folks brought up splitting the deed airbnb uh the

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general look of the of the front of the building if it kind of matches some of the frontage of

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like kind of the historic neighborhood that it is um the noise from her garage but carolyn has

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been attentive to and when there's construction a small neighborhood there's going to be some issues

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There has been some issues. She's trying to rectify them as quick as possible. I am kind of split. I believe that people should be able to do what they want on their own property, but it has to be in compliance.

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but she has been a good neighbor so far, but I'm not completely, you know, I'm kind of divided

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what we have. I just don't want it to be an Airbnb or a rental and some of the noise that

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would be produced by a garage door, which is attached to my house, may rattle my house

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when it's open and closed. I'm not completely opposed, but I'm not completely for, so I'm not

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sure where you put that in everything but being the neighbor that's right next to him i think i

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should have you know a big say in what what's next to me but you know she has been good um i'm just

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just concerned about the the lot being divided um i know that's not an issue here but adid being

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divided and that turning to an airbnb which which was has been brought up my one question is carolyn

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how are they is there a front door how are they getting in uh yes there is a front door

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here oh okay okay yeah chairman that that's some of my my comments and thanks for taking

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that kind of calls we appreciate it is there anyone else in the virtual audience yes george

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hoffman okay he's allowed to speak i mr hoffman could you state your name please and spell for

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the court stenographer yes it's george hoffman h-o-f-m-a-n-n right do you swear or affirm to

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tell the truth the whole truth nothing but the truth yes mr hoffman are you for or against this

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project i am against um mr hoffman mr hoffman could you tell me anything that we haven't already

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heard yeah just the concern about um essentially we're turning not only a single family house

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into a into two separate structures but i don't know if there's a opportunity in the future to

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actually divide the property entirely um it increases density in the neighborhood and um

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i i think it's a variance that should not be granted all right thank you mr hoffman

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thank you for anyone else in the virtual audience

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no more heinz chair planning commission so hold on one minute i'm sorry miss pina you've heard a

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lot. Is there anything you want to say in response? Sure. So in terms of

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this being out of character of the neighborhood, as you can see, there are more houses right next

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to me. There are more houses across the street from this property. These two properties are kind

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of odd because they go from street to street. All the other properties, most of their properties

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have a house on Front Street

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and then a whole separate house

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on Howard Street.

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So I don't think, in my view,

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it's not such, you know,

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it's not really out of character

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for the neighborhood.

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Also, there was an existing garage,

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so it's not like I'm adding

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a new garage to this property.

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Also, Queen Village Association

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recommended that a proviso

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be added to this uh in terms of no short term no no short-term rentals uh which i'm okay to do

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because i'm not interested in doing rvnbs okay well thank you very much thank you very much for

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your comments uh planning commission good afternoon this is ron bednar

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Planning Commission.

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Good afternoon.

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This is Ron Bednar.

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Her first name is Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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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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Please proceed, Ron.

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

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Based on the grounds of advancing our adopted comprehensive plan for affordable housing objectives, we recommend the request of that to be granted.

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You said granted?

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Thank you. Mr. Chair, can I just make a couple of quick notes for the benefit of the audience?

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