civus
Hearing video

ZBA Hearing - August 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 28, 20245h 58m

The video will be available by contacting Kathleen.Grady at phila.gov.

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

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If you are participating by phone, 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.

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Leave your email address and address of the property in question.

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And finally, the question answer box on the screen is not for testimony.

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All comments and testimony should be directed to our Deputy Director Kathleen Grady.

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Let's look at our schedule for this afternoon.

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Here's our continuances.

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Number one, I understand, may be a continuance.

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MI 2022-006-992-711-South-23rd Street.

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The listed applicant is Michelle Yu, or the owners are Edwin and Esther Yu.

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I understand this is a pro se, it may be a continuance.

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Ms. Yu

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Ms. Yu, if you're in the virtual audience

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please raise your hand

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Good afternoon, Chair

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this is Yvette Benton

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I'm your co-host for this afternoon

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I don't see any hands at this time

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So, my understanding

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this is going to be a contrarian

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So, MI-2022

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Yes, Mr. Chair

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I just wanted to note for the record

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it's our understanding from communicating

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with the applicant that the RCO, excuse me, that the RCO meeting has not yet occurred.

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This is the fourth listing for this matter.

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Okay.

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So MI 2022-006-992-711-South-23rd Street.

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Cases continued.

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Mark, must be heard.

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Number four.

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MI 2023-006-896-138 West Sharnack Street, that case is continued.

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Number six, MI 2024, 002, 000, 800 South 56th Street, cases continued, attorney moving party.

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And number nine, MI 2024-002-278-415 South Van Pelt Street.

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That case is continued.

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Are there any other requests for continuance?

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I see no hands at this time, Chair.

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Okay.

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Go to number two. MI 2023-003-159, 3942 Wall Street. Jessica Donnelly is the listed owner.

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Jessica Donnelly is coming back in as a panelist now chair.

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miss donnelly hi yes good evening hi could you please state your name and spell for the

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court stenographer jessica donnelly j-e-s-s-i-c-a-d-o-n-n-e-l-l-e-y

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where a firm to tell the truth the whole truth and nothing but the truth

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I do.

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So before we start the case, one of the questions we have, the meeting was on August 8th, am I correct?

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It was correct.

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But we see the mailings were done the 6th. Are we sure that the mailings actually got there in time?

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I am not positive. Obviously, I did call the ZBA and I asked prior to sending them if that was okay.

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and they told me that it would be okay i i got the zoom meeting that friday and i mailed them

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the i think the following monday so i didn't have the information from the rco

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until the friday following the monday that i mailed them hillary

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um miss donnelly when you attended the meeting were there any neighbors present

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yes anyone who indicated they had gotten your notices

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no one indicated they had or had not it didn't come up

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But there were neighbors at the meetings?

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but there were neighbors at the meeting there were

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There were.

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Okay.

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And did the RCO take a position or have a vote on your application?

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They did.

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They voted in favor.

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It was five people.

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It was four to one in favor.

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Okay.

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Did they send you a copy of the letter?

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Because we don't have anything for indicating their position.

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They did not send me a copy.

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They said they would.

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I assume that they had sent it to you.

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Mr. Chair, it's up to the board if you'd like to proceed.

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It sounds like the RCO was satisfied and held the meeting.

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Why don't we do this?

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We'll hear it.

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We'll hold until we get a letter from them or give another couple weeks for a letter from the RCO.

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Okay?

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Okay.

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Sounds good.

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So, Ms. Donnelly, our vice chair has a few questions for you, okay?

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Okay.

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Ish?

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Yeah, I'm here.

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

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I have.

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Thank you.

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Please proceed and share your screen.

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Sure.

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okay so this is the property in question 3942 wallace street i purchased this property in 2019

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prior to me owning the property the first floor was used as a church

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the second floor was a two-bedroom apartment and prior to the first floor being a church

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it was a market. After purchasing the property, I lived on the second floor until 2021. And during

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that time, I updated the utilities on the first floor. It was vacant. It needed electric and

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heating. It needed a lot of utility work. But I performed no structural changes to the first

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floor. Upon purchasing, it had a kitchen and a full bathroom. So I was able to get a residential

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mortgage on this property. The use at that time was commercial, I was told by my real estate agent,

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but the zoning was residential, RS5. So this is the property in question. As you can see,

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it's just a regular row home but it does have roll gates in the front. This is my application

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for appeal. I just have all the paperwork I sent in here so I'll just go through that briefly.

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That's my tax clearance form. This is the correspondence I had with the zoning,

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my RCO we scheduled the meeting for the 8th my notice of refusal this is the

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mailing I sent out to 162 neighbors I believe and then to the public

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organized the community organizations this is my deed

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this shows I was purchased that 2019 I believe October these are my proof of mailings

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quite a few of them and then these are just some photos of the property with the zoning

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it is a corner property so I have those on two sides of the house I don't use this front

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door at all right now the first floor is vacant the second floor is vacant as well

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um in 2023 we moved out because we had a child and we could no longer fit in this home so we

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rent a property of people mix north so really we just want to have this property sustain itself

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and renting the top floor just doesn't pay the mortgage so we just wanted to do something

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with the first floor so we asked the community if they wanted you know commercial or residential

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you know we said we'd do whatever they preferred and they voted for the residential so

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this is the side of the property the first floor has another entrance and that this is some just

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some interior shots of the property see it leans towards a residential property but it could go

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either way. This is just showing that it does have a kitchen and a full bathroom.

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just showing that it does have a kitchen and a full bathroom.

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And then this is just the zoning map. It's surrounded by multi-units every day. A new

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multi-unit comes up in this area. Yeah, so that's my presentation. If there's anything else I can

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show you or questions I can answer. So questions from the board?

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yes so as i understand the hardship is that uh the reason it can't be a single family

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property anymore is because you you moved out and you no longer live in the in the unit

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well it was never a single family property it's i can't i would love to make it one unit but it

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never was you know i can't it just never was i bought a something that was a church on the

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bottom they had a kitchen and a bathroom and apartment on the top you know it never was a

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single family unit understood other questions from the board questions or comments from our

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attorney hillary emerson not at this time mr chair questions or comments from the virtual audience

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planning commission

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amy void with the planning commission the comprehensive plan recommends no change the

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residential single-family rsa 5 location the appellant has shown that there are unique physical

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circumstances or conditions that would prevent from the property from being used in conformancy

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with the zoning code and that the proposal is the least minimum variance as a conversion from

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former commercial use in the first floor to an additional residential unit is more in keeping

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with the surrounding neighborhoods and the spirit of the code. Therefore, the Planning Commission

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recommends that the board grant requested variance for two-family residential. Thank you. Ms. Donnelly,

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we're going to hold this for two weeks. And in that time, we'll see if we can get a response from

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the RCO. Whether we get a response or we don't get a response, we'll vote on this

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two Wednesdays, two weeks on a Wednesday at 2 p.m. Okay? Okay, great. Thank you very much.

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I actually appreciate your time.

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Sure.

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Number five, MI 2023-007-132, 58 West Pomona Street.

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Tara Kayo is the attorney for the owner.

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There's a letter of opposition from Pomona Cherokee Civic Association, RCO.

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There's also an email from a neighbor expressing her opposition.

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Counsel.

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Sarah Cahill, can you please raise your hand?

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Counsel, if I remember correctly, I swore you once today.

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Am I correct?

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Yes, you did.

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Could you just state your name for the record?

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Tara Cahill.

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Right.

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And could you also identify your client and have relationship to the property?

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The property owner is a Panoma Realty LLC owned by Jimmy Rossi.

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Okay.

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Our vice chair has a few questions for you.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its action?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case

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five days in advance of this hearing?

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I did.

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Thank you, counsel.

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Please proceed and share your screen.

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um this application is for a change of use from a single family dwelling to a two-family dwelling

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the applicant purchased property on october 20 2022 and the property is on rsa 3 the property

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is 2,155 square feet with three stories and a basement. Applicant purchased property to convert

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to two apartments and to live in one of the apartments with his family. The owner proposes

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to change the use from single family to two family dwelling and will renovate the property to

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two new and modern apartments, each over 1,000 square feet. The owner also intends to live in

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of properties within one of the apartments with his family and they love the neighborhood and

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his children will matriculate into the school district. The owner wants to update and improve

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the property that had not been improved for a very long time and both units will have

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three bedrooms will have one of the one unit will have two bedrooms and two bathrooms and

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another you will have three bedrooms and two baths and there's no major modifications to the exterior.

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three bedrooms and two baths and there's no major modifications to the exterior

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the property as i said is on rsa3 and multi-family dwelling is prohibited therefore a variance is

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required the change of use conforms with the permitted uses on the same block as many of

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the houses in their neighborhood are multi-family dwellings their direct neighbor property um the

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direct neighbor's property is a multi-family and the following properties are all multi-family

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dwellings there's one on 57 56 west pomona a 13 west 55 west and a 35 and 22 all of which are uh

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three uh actually three family units and there's um only if that's only a few of the listed

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properties that are multi-family in the neighborhood unfortunately the affected rcos oppose the

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opposed use because one um they said mentioned in their letter

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when they put their letter up yeah yeah so here's uh the opposition

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and they attach a letter explanation at the end

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uh one they say that uh there's many one to two bedroom apartments that are

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being built nearby and they want to preserve the single family status in the area

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Our response is, first, we completely understand their concerns, but the property owner loves the neighborhood, too, and will live in one of the units with his family.

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Second, my client's situation is different because they are renovating the units to a three-bedroom that are great for new families.

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The RCO is concerned that the area has a lot of one to two-bedroom apartments in the area, but this is actually for a three-bedroom that they're going to rent out.

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A quick search online shows very little apartments available that are three bedrooms or more.

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I also want to remind everyone that the property owner wants to build a two-family unit, not three or four or five.

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The property owner is not building a large multi-unit property.

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This is just for a two-family dwelling.

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And he merely wants to add a second one because the property is quite large and it fits two units pretty well.

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they were also concerned um the rco was also concerned about the design having basement

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bedrooms without a door to um to exit so the owner had the floor plans changed so the bedrooms were

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no longer in the basement i can show you the uh floor plan um here so uh this is the basement um

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on the far left and um now that's changed the living room and the basement will be on the first

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the bedrooms will be on the first floor um the hardship is that the physical feature of the

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