civus
Hearing video

ZBA Hearing - August 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 20, 20242h 52m

there are two indoor parking spaces in the garage and there's three outdoor parking spaces and we

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have reflected them in the zoning plan accordingly i understand that they are somewhat stacked

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however they they are very efficient uh there is a a wide driveway that allows for ample car

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circulation this is the main entrance of do you want me to continue on with showing the

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some of the plans?

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Continue on with the plans.

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Okay.

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So what this exhibit is trying to demonstrate is the different various colors showing the

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various units.

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And I also have a couple photographs because I think what's missing in the plan and what's

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important to show the board is the volume of the space.

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This building has a significant volume.

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And I think based upon the exhibit, you'll be able to appreciate what we think is the

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This is a suitable amount of square footage and area to accommodate six units.

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So this is the main foyer as a resident.

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So this is existing and this will continue to be the main entrance into this.

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There's a monumental scare here.

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The first unit, unit number one, has direct access to the rear.

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It also has a four foot easement along the side where the entrance door actually is.

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So there's two entrances into this.

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This is an existing common gym, which may or may not remain or may be incorporated into one of the units or may be a common facility for the rest of the apartments.

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As you come up the stairs to the second floor, you can see you'll be coming up here.

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This is a grand opening, which I will show you a further description of in the photographs.

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But as you come up the stair, there's three units on this floor.

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Unit number two, which is a one-bedroom, one-bath of 435 square feet, significant amount of sunlight and natural ventilation facing the front.

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Unit number three, which is a one-bedroom, one-bath of 638 square feet, windows along the side.

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And then unit number four, which is 695 square feet, which is a one-bedroom, one-bath.

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You know, all thoughtfully laid out and with significant

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You know, all thoughtfully laid out and with a significant amount of windows and space.

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As you go to the third floor, which is actually considered the second floor because the existing building, this floor is currently the main living floor, which is actually floor number one.

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This is a floor that's actually on green.

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So we refer to it different ways, but even though we call this a second floor, when you look at the building, this appears as the first floor and this appears as the second floor.

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But for sake of clarity, we call it a third floor.

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Come up the stairs. There's a unit number six, which is a two-bedroom, two-bath, 1,137 square feet, and unit number five, two-bedroom, two-bath of 931 square feet.

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uh continue up the stairs there's a very small roof deck uh which is existing and um again the

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the the premise of this exercise was to to use the space that's in this building and here's a

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photograph showing you uh the entrance foyer where you can get a sense of um the volume uh of the

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area so that it's not a cramped um design we consider this when we first

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got this project we did a number of different things we considered it we consider this this

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current application is an an act an adaptive reuse but we also studied removing the building

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and building something new.

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This lot can easily handle four townhomes,

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which is not the preference of the owner

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because he certainly wants to remain in the spaces.

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And if we built four townhomes,

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he would actually own one of those townhomes.

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But we didn't think that that was appropriate for,

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and it would certainly take up a lot more area on the site.

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So this is, again, the main foyer.

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Some of the photographs. This is the current first floor, which is listed as the second floor of the proposed.

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So there will be a unit here in this front section, and there's a unit here in the back section.

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You continue up the stairs. This is a photograph of the gymnasium, which is a small room on the ground floor.

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This is that same floor, current existing kitchen. All of this will be remodeled.

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This is the side easement.

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Shaw Tower Park is to the left.

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This is the entrance door into the unit in the back, the rear unit, number one.

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And what's very, very important, I'll see if I could zoom in on this one.

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I don't know why it's so small.

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But this is the rear yard.

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Now, what's very important to us is the fact that, number one, there is a rear yard that's accessible to mostly every person, every resident in the building.

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But not only that, there's a storage shed intended for trash and for miscellaneous storage.

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So by virtue of the plan or by virtue of the photographs, we're trying to present a renovation that is, in our professional opinion, appropriate for this site.

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Counsel. Thank you. Yeah. Vince, your office notified the nearby residents of the it was like three meetings, correct?

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the first we were informed that the first posting was was did not reach all the neighbors so

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we postponed the first meeting and reposted uh not only reposted remailed to create a second

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meeting which we proposed the eight units and then reposted again for a third meeting in a

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revised six unit scenario and then proof proof of mailings are provided in your pack in the package

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provided to the zone yes this is actually the proof of mailing and we have i don't want to

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stumble through these uh things but there's the list of addresses these are the list of addresses

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that we posted and uh you attended the may 8th meeting yes with me is that correct yes and you

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heard from basically two neighbors is that correct well all in all we thought that the

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meeting was going very well in our favor and that somehow toward the end um we were sidetracked by

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a a a testimony that really did

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uh a a testimony that really didn't make too much sense from from from our perspective but

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evidently it it took the meeting in a different direction um but we thought that we with the six

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unit reduction from eight units to six units uh we thought that the meeting was going very well

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from our standpoint and you have the actual petitions as part of your uh exhibits uh the

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petitions to the neighbors in support is that correct can you just flash them up on the screen

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real quick yep as soon as i sorry scrolling through here we go after i have to just write

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this or take this around uh these are the petitions with the uh at names addresses and support

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including i think there are some directly adjacent neighbors included in this

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and that was provided to the councilman correct um to the best of my knowledge i believe it was

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all right and and there's a letter here a letter in support from one of the nearby neighbors um

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Right below the petitions, and I just wanted to read a paragraph or two from this.

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This is from Rod Herrera and his property is 948 South Front Street.

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And he says, as a resident owner of 948 Front Street, a historical certified property built by the Shot Tower owner and familiar with mentioned property flanking the Shot Tower and originally was abandoned warehouse.

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We have no opposition in its development and improvement as continuing residential building, providing residents to eight units.

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That was at the time it was eight units.

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Prior owners and residents' family who initially rehabbed the property have been exceptional, helpful, and great neighbors.

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And if further redevelopment is now planned, it would continue to be a plus for this community and for Front Street.

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That's included in the packet.

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Um, I just wanted to basically end this with, um, the councilman, he, he, he takes no position

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on this.

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He said, basically says after reduction of the units from eight to six, five off street

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parking no short-term rental units as he will take no position yet he's not in opposition despite

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the boards being in opposition if you know why don't you have your testimony adopted by the

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owner yes your client i have a i'll bring mr damato into my chair here excuse me mr defino

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so according to the deed

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that was submitted the owner of the property

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is Rita D'Amato

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okay and this is her husband but

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Rita is Rita available

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I think she's in there

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okay if she's available could you

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have her adopt your testimony please

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Rita you're going to have to raise your

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hand and then

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want to check with her

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so I have a hand up by the name of

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Amy Viver

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is that Rita by any chance

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Amy.

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No.

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It might be Rita and then that's my neighbor.

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No.

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Amy's next door.

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I can testify.

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Rita, if you're in the audience, please raise your virtual hand.

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I have another hand up by the name of Kelly.

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Will she be under that name?

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Kelly.

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She has been allowed to speak.

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Mr. Amato, could you please state your name

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and spell for the stenographer?

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Yes, my name is Carmen

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C-A-R-M-E-N

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D-A-M-A-T-O

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No, no, no, no, no, no, Rita

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We're looking for Rita

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My name is Rita D'Amato

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R-I-T-A

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capital D apostrophe

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capital A-M-A-T-O

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Do you swear or affirm to tell the truth

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the whole truth and nothing but the truth?

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Yes. Proceed, counsel. I read it. You heard all the testimony here today by by myself and Vince Mancini. Is that correct? Yes. And do you adopt it as your own? Yes. All right. Thank you. Questions from the board.

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um i just wanted to say that i appreciate the layouts that the that the architect did

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uh the units are laid out well thank you for putting

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The units are laid out well. Thank you for putting furniture in there. They're nice-looking units. They really are. They're nicely designed, and they're appropriate for the bedroom type. Thank you.

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You're welcome. Other questions?

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Yes, Chair. I don't think he answered the question if there were other multifamilies on the block.

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I think you're correct.

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may i answer yeah i have carmen here

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i think he's let me let me swear carmen in please have him state his name and spell for

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the stenographer carmen diamada c-a-r-m-e-n d apostrophe capital a m-a-t-o you swear or

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affirm to tell the truth the whole truth nothing but the truth i do please proceed counsel

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them. Yes. Are there other multifamily units on the block or within, you know, let's say within

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500 feet? Yeah. From what I'm aware of, Pete Stakes on the corner, it's a bar. The house next

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to it, the home next to it. How many units are in Pete Stakes? He has them upstairs. I'm not sure.

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Could be three units in there on top of the bar. And he's on the other corner? No, he's on the

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the very corner front, Christian.

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And then there's the ballpark across the street,

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which is Shot Tower, the recreation facility.

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Yeah, caught in between is my home.

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And then there's like three or four houses towards the bar.

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Two of them are multifamily.

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Okay.

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Any other questions from the board?

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Questions or comments?

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Yes, there is.

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I'm sorry.

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Sure.

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I was on mute. Sorry. Okay. So what did you say about the occupancy of the units that I hear that the owner and maybe a nephew were going to occupy some of these units? Is that what I heard?

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Correct. I'll let Mr. D'Amato explain.

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Yeah, this is our form of downsizing. My wife and I are going to stay. My daughter is also going to stay in a unit and a nephew. So we're going to occupy family, occupy three.

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Okay, so that there'll be six units, but three of them will be, in effect, owner occupied, or occupied by family members.

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Yes, that's correct.

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Right. Thank you.

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You're welcome.

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Questions or comments from our attorney?

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Just a couple.

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Yes, I'm right here.

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Can you hear me?

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Yeah, we can.

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Okay.

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Just a couple of things.

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One, there was a mention of five parking spaces.

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It appears in zoning records that this property was approved with two interior garage spaces.

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so there may need to be a separate zoning permit application completed for the three exterior

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parking spaces that are proposed um they are not part of the current application um

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to there was a um reference to short-term rentals that's a different zoning um

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that's a different zoning use and that would require a separate variance,

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a visit to the zoning board, et cetera. I mean, we,

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so I don't think that it was a proviso if the board was inclined to grant that

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is, that is necessary because that's something completely separate that would

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require its own set of approval.

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That's fine. I knew that I actually knew that, but I didn't want to,

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you know.

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Questions or comments from the virtual audience?

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i see no hands at this time too planning commission thank you chairman and good

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morning david fecto f-e-c-t-e-a-u with the city planning commission

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do you swear or affirm to tell the truth the whole truth and nothing but truth

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yes sir i do please proceed thank you sir chairman and board members the comprehensive

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plan recommends no change to the RSA5 residential single-family zoning at this location. There is

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no unique physical condition or circumstance that would prevent this property from being used in

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conformance with the zoning code. The City Planning Commission recommends that the board deny their

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proposed use variance for six dwelling units. Council, we're going to take this back to our

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executive session, which will be next Wednesday, and we will vote on this next Wednesday at 9.30

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AM. Thank you very much. And thank you. Have a great day. Thank you. Okay. Thank you.

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Have a great day. Thank you.

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