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Hearing video

ZBA Hearing - March 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 13, 20246h 7m

You've already shared your screen.

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Thank you, sir.

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Mr. Chair, members of the board, the application is for personal services on the first floor.

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and seller in the same property with the two-family household living.

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And it is 2248 North 2nd Street.

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It is currently zoned RSA 5, but my client purchased, renovated, and secured a tenant

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for this property when it was not zoned RSA 5, and the zoning changed somewhere during

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that process.

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And as such, he now is forced to seek a variance for the use.

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The tenant, unfortunately, had to move on and get out of the lease.

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But my client is committed to occupying the space with an appropriate commercial tenant.

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And right here is the interior layout drawn to scale.

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And we've got the commercial space right here with the entrance.

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as you can see there's an ada bathroom and some bilko doors and a rear yard

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on the right hand side you have stairs that go up to the living quarters that have been

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already previously approved by the board and here are additional plans for that

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here are some photos of the property as you can see clearly commercial space is built out here

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on the left and on the right is the um residential units entrance

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and we also have interior photos as well and the architect was kind enough to put in an aerial view

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we did meet with the north square folks there's proof of uh mailing and we have proof of posting

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And I believe as Mr. Chair said,

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the Norrisquare folks did give,

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send us a letter of support and as such,

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And as such, we were able to get a letter of non-opposition from the council member late last week.

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we were able to get a letter of non-opposition from.

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And here's proof that the commercial use was already permitted.

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Of course, the rezoning notwithstanding, I do want to make sure that these two documents,

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page 20 and 21, are both entered into evidence, along with the council member's letter of

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non-opposition, showing clearly that it's for a vacant commercial space on the ground floor

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with the two-family household living above. And then, of course, the rezoning happened

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in conjunction with the council office. So the fact that the council office is now supporting

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the variance, speaks to the fact that my client would suffer a significant hardship if he were

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not able to complete what he started, which was purchase, renovate, and secure a lease for a

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commercial mixed-use property. For all of those reasons, I respectfully request the variance.

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With that, I'd like Mr. Bill Latham to raise his virtual hand.

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bill lathen has been allowed to speak mr lathen could you state your name please and spell for

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the court stenographer yeah it's uh bill lappen l-a-p-h-e-n right do you swear or affirm to tell

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the truth the whole truth nothing but the truth i do please proceed counsel thank you mr chair

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mr lappen did you hear my presentation to the board this evening yes is it true and accurate

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to the best of your knowledge yes and you adopt it as your own testimony yes thank you sir i have

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nothing further mr chair any questions from the board no mr chairman no mr chairman no mr chairman

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questions or comments from our attorney hillary emerson not at this time mr chair questions or

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comments from the virtual audience i see no hands planning commission uh ron bednar city planning

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first name ron r-o-n last name bednar b-e-d-n-a-r you swear or affirm to tell the truth the whole

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truth nothing but the truth i do please proceed while this property is currently indicated for

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residential use on a city plan prior to 2021 rezoning uh we recommended a change to multifamily

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residential at this location given the physical conditions of the site the requested personal

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business service uh um application would be the least impactful permit allowed therefore we

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recommend the request for aspirin i 20 23 001 885 22 48 north second 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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Thank you, counsel

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Thank you

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We're going to move to number 8

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MI 2021

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004-460

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1508

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Nidro Avenue

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Mary Rose Roach is the

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Attorney

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Um

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Two RCO letters plus the position from Council Member Bass.

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Hi, could you unmute, please?

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Yes.

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

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Yes, my name is Mary Rose Roach.

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First name, M-A-R-I-R-O-S-E.

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Last name, Roach.

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R-O-A-C-H.

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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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I do.

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Could you identify your client in relationship to the property?

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Yes, my client's name is Yolaine Leone, and she is the owner and applicant.

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Our vice chair has just a few questions.

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Good afternoon, counsel.

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Do you agree to waive the ruling of the refusal or stipulate to exact proceeding?

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I do.

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

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Yes, I have. And there was one supplemental document, which was the non-opposition letter.

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Thank you. Please proceed and share your screen.

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Okay. I'm sharing it now. Are you able to see it?

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It's up. We're good.

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Okay. So, as stated, my client is Yolaine Leone.

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What I've submitted to the zoning board was the refusal, photos of the property, the project information sheet, a copy of the deed, tax compliance, the mailing list for the RCO meeting, and photos of the posting on the property.

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And photos of the posting on the property.

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One of the administrative things I like to get out of the way, as you'll see on the refusal, the parcel owner was listed as Gaston Pierre.

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The deed that I have attached to my application will show that my client purchased the property in July of 2023.

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And she's been granted the ability to proceed with this zoning application.

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As we proceed down through, I did provide, well, first and foremost, the issue with this property is there was a refusal. It is a RS5 single-family district.

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She's requesting that the property be used as a two-unit dwelling.

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When she purchased the property, it was used as a two-unit dwelling and later found out that there was a zoning appeal pending and that she would need to continue with the zoning appeal to be able to use the property as purchased.

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So here is the first floor living room area.

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She is working on doing non-structural renovations, paint, new appliances, things like that to the property.

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If she gets the herbarian's request granted, she plans on doing the cosmetic renovations before renting it out.

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So the interior pictures.

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and here are the exterior pictures as stated it is a um situated on a single family um

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overlay district a lot of properties on her block are multi-family units

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there's parking in the back as well as parking in the front on the street

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um trash is picked up in the back and the tenants would be able to use the um trash cans um

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here or new trash cans they would have to bring them or make sure that the trash is in the back

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for pickup

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counsel then utilities are the utilities already separated so yes as far as i know the property

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was used as a two-unit property before she purchased it.

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Okay, thank you.

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Yep, that's, yeah.

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This is just, let's see it in here.

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So this is the current deed that shows

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that Ms. Leone is the property owner

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and it was purchased in July of 2023.

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The tax clearance.

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This is the certification of mailing for the zoning, or sorry, the RCO meeting.

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And finally, there is postings on the property that were done both on the property as well as the fence.

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The property is set back far from the street, so we also posted on the fence.

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And we also did posting on the back of the property as well.

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And this is the non-opposition letter from the RCO meeting that was held with her local district, the Oak Lane Worcester RCO.

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I would like to promote my client, Yolaine Leone, to adopt my testimony.

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they have been allowed to speak.

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

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Yolaine, please unmute yourself.

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Hello?

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Can you hear me?

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I can.

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

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My name is Yolaine Leone, Y-O-L-A-I-N-E, Leone, L-E-O-N.

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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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I do.

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Please proceed, counsel.

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Okay.

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Ms. Leone, were you able to hear and see what was presented today at the ZBA hearing?

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Yes, I was.

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In relation to your property, 1508 West Avenue, 1508.

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yes thank you um and do you adopt all that was presented as true and accurate yes okay

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questions from the board no mr chairman

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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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Questions or comments from our attorney, Hillary Emerson?

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Just briefly, Mr. Chair,

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excuse me, I just want to note that we also received a letter from

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an affected RCO, a Concerned Community Association.

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They asked for a proviso that trash be stored in the rear of the property.

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um i also want to note that councilman bath is leaving this decision to the board um because

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there was um there was a slight disagreement in the rc between the rcos in their position

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and there were also no near neighbors at the rco meeting thank you

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questions or comments from the virtual audience

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i see no hands planning commission so ron bednar city planning

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property is indicated for residential use on a city plan or adopted district plan.

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Peton recommends no change to the existing zoning at this location.

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The applicant's hardship was self-created, not supported with evidence of unique physical

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

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with the requirements of the code, for we recommend the request of various documents.

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MI 2021-004-460-1508-WestNedro, I vote yes with Proviso, Trash Door to New York.

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Thomas Holloman, my vote is yes with Proviso.

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James Snell, 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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Number one, MI 2023-000839-2349, East Allegheny Avenue.

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Sean Ward is the attorney.

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We're waiting for an RCO letter, but there is a letter from Council Member Driscoll in support of the project.

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Sean Ward is coming in as a panelist.

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Mr. Ward, I'm back.

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Could you just state your name for the record?

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You've already been sworn.

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Thank you.

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My first name is Sean, S-H-A-W-N, last name Ward, W-A-R-D,

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Council for Haki, H-A-K-I, Colacu, C-O-L-L-A-K-U, property owner.

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The vice chair has just a few questions for you, sir.

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Good afternoon, Councilor.

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Do you agree to wait to read another refusal or stipulate to its accuracy?

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Yes, I do.

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

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Yes, I have.

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Thank you, Councilor.

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please proceed. Mr. Chairman, attached is my typical exhibit packet, which was submitted to

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the board. Again, I represent Aki Kalaku, owner of the property at 2349 East Algany Avenue,

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calendar number ending in 839. This is a permit for a residential dwelling at the first floor

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of a two-story structure. Currently, there is an apartment on the second floor, two-bedroom,

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and a vacant commercial office space on the first floor. So we're looking for a variance for a total

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of two apartments, not permitted in RSA 5. Therefore, we require a variance. That was A1,

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the notice of refusal. A2 is the ZBA application of appeal. A3 is the project information form,

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A4 proof of ownership, A5 proof of tax clearance. A6 is a site location map, A7 are photographs.

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A8 is the letter of unanimous support from PROPAC.

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A9 is a letter from Councilman Mike Driscoll in support of the application.

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In addition, I submitted today also a letter from Councilman Squilla, who is the adjoining district located directly across the street on Allegheny Avenue.

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With regard to the relevant zoning history, in 2018, we appeared before the board and we were granted a variance for a real estate office at the first floor, together with that existing apartment above.

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Unfortunately, the commercial use has not panned out for the property owner.

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And at this time, he seeks a variance to convert the first floor commercial space into a dwelling unit.

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A11 is the zoning map and A12 is the photograph.

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I would support that. This is a mixed use block on Aramingo Avenue. There are several commercial spaces at the first floor with apartments above, and there are several two families.

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Commercial spaces at the first floor were departments above, and there are several two family dwellings along the block.

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So very quickly, we have our notice of refusal, the petition of appeal, our project information form,

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my transmittal letter to the board filing the appeal, copy of his deed, obtained a property June of 2017.

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we also have proof of tax compliance the taxes for this year are not due till the end of the

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month as the board is well aware so we're currently tax compliant again this property

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is located at the northeast corner of Allegheny and Aramingo it is a each each floor has its own

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entrance one for the first floor and one for the second floor again it's a mixed-use block along

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Allegheny Avenue. There are several commercial units at the first floor of at least three or

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four of the structures. The rest appear to be two family dwellings. This is a street view facing

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