civus
Hearing video

ZBA Hearing - August 28, 2024

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

Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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hi owen my name my vote is yes with proviso james snell my vote is yes with proviso

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you thank you yeah i just have one question so um with the expiration in august of 26 do i reapply

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how does yes you reapply okay so that i would just need to reapply every two years is that it

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at least for the first two years okay got it and will i get a notice via email sorry that's

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my last question that you that you have the vote um you will get a notice from our office

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okay got it all right thank you all right thank you just just to clarify you will you will get a

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notice of decision that will have your expiration date is your responsibility to, to track the

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expiration of your zoning and reapply with enough time to extend it. Okay. Got it. Thank you very

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much. Okay. Thank you. Number 15, MI 2024-002-226-3961 Baltimore Avenue. Tara Kayo is the attorney

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FOR THE OWNER, NON OPPOSITION FROM SPOOCE HILL COMMUNITY, AND ALSO COUNCILMEMBER GATHIER AGREES WITH THE RCO.

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TERRA CAO, PLEASE RAISE YOUR VIRTUAL HAND.

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TERRA CAO IS COMING BACK IN AS A PANELIST NOW, CHAIR.

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okay

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good morning counsel

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um good morning hi could you please hi could you please state your name and spell for the

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court stenographer well my name is tara ko first name t-a-r-a last name k-a-o

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

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Yes, I do.

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Could you identify your client, the relationship to this property?

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The property owner is Assessible Property Investment LLC, and Cecilia Cow is the owner of the LLC, and she is with us today.

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Our vice chair has just a few questions for you.

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Good morning, counsel. Do you agree to waive the read number of views or stipulate to exact receipt?

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I agree.

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

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case five days in advance of this hearing yes i do i did thank you council please proceed and share

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This application is for a change of use from office space to visitor accommodations.

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We met with RCOs and neighbors and received non-apposition from them.

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The applicant purchased a property on December 2023, and the property is zoned on CMX2.

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Ms. Cecilia Cao is an experienced villager in Philadelphia and has strong ties to the neighborhood, specifically the UPenn area.

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She studied there and lived there for many years.

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The owner proposes change of use of the first floor from office space to visitor accommodations, which is a short-term rental to a person or group.

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Currently is being used as the architect's office occupied by, sorry, something opened up on my screen.

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I apologize. Something opened up on my screen and blocked my view.

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The owner proposed to change the use of the first floor from office space to visitor accommodations.

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currently is being used as an architect's office occupied by the previous owner however the

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previous owner will vacate the property very soon the applicant plans to renovate the first floor

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to a new apartment with two bedrooms and two bathrooms which is about 1250 square feet

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furthermore as experienced real estate agent she will personally manage real rental property

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and she will improve and enhance the facade in the front of building which has already

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which has already obtained approval from the Historic Commission.

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obtained approval from the historic commission the property is on

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The property is unusual as it has over a 15-feet setback

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and the front of the building is sloped, limiting its potential uses.

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The property is zone CMX2 and the visitor accommodation is prohibited.

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Therefore, variance is required.

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I can give you, just to show you what the property looks like.

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So, as I mentioned, there's a slope in front and it's set back pretty far from the street.

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Being part of the university city community for so long and having knowledge of the rental market

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in that area, she recognized the need for a short-term visitor accommodations.

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She noticed there were a lot of visiting scholars, visitors, students, parents, and even patients

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of the Hospital of the University of Pennsylvania who are seeking a short-term place to stay in the

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neighborhood. She believes this unit can fulfill this need and serve the community. Such visitor

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accommodations also support the many local businesses and restaurants. Further, it is very

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difficult to maintain the first floor as office space right now. There are no other office use

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in the surrounding areas. Furthermore, other uses permitted under the CMX2 poses other challenges

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to the owner. Even if she is permitted to change to, for example, a sit-down restaurant or similar

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businesses, she will have difficulties being ADA compliant because of the slope site and the over

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15 feet front setback. Additionally, a lot of businesses would not want to open a storefront

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with such a large setback that will miss the foot traffic.

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She will face hardship if she can only use a property

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as office space or is limited to only the permitted uses.

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The first floor will likely be left vacant for a long time.

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In fact, the adjacent property is also zoned CMX2,

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and we believe it is a technical school

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that is permanently closed and currently vacant.

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Additionally, a change of use to visitor accommodation

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issue will not negatively infect the neighborhood it will not harm the neighbors use of their

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properties increase traffic congestion or place undue hardship or burden on public facilities

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there will be no significant change in occupation of the property as i stated earlier we met with

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the rcos and neighbors and they do not oppose a change in use the rco letter specifically

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specifically points out the unusual setback of this property from the street and the shifting

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nature of this area's residential use has compelling reasons. And here's that letter.

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The proposed use of visitor accommodation makes sense for the neighborhood. The neighborhood has

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multiple universities and medical facilities and is continuing to change and develop attracting

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visitors to the area. The owner is committed to maintaining the residential character of the

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neighborhood and will keep the property well maintained and will manage the property professionally.

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authorization of a variance is necessary to enable reasonable use of the property

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as the owner will face hardship continued to use as office space

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um i would like to call my client the property owner cecilia cow i have a couple questions what

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was the property was the property posted oh yeah yeah i'm sorry i mean let me give you the

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i have some pictures that were kind of better when i submit it okay

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okay all right thank you thank you for the question

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um here is uh the change of facade from the left is what it currently looks like and the right is

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the proposed change and um here's floor plans um and i let me show you the interior right now is

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the architect office so it's pretty open right now and then she's gonna put in two bedrooms and

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two bathrooms um at this time i'd like to call my client the property owner cecilia count

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and i have a question a couple questions for her cecilia cow please raise your virtual hand

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cecilia cow please unmute yourself and wait for the chair

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why could you please state your name and spell for the court stenographer

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uh my name is cecily gow spelled as c-e-c-i-l-y last name is c-a-o

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

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yes please proceed council thank you um miss cow can you did you hear my testimony and

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presentation to the board yes i did do you agree and adopt it as your own yes i do

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Do you agree and adopt it as your own?

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Yes, I do.

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Thank you.

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That is all I have at this time.

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Questions from the board?

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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We need to talk about clothing.

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I see no hands at this time, Chair.

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any commission good morning dan powers with the city planning commission the comprehensive plan

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recommends no change in the cmx2 zoning at this location there is no unique physical condition or

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circumstance of this property that would keep it from being used in conformance with the zoning

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code the city planning commission recommends that the board deny the proposed variance for visitor

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accommodations at this location. Thank you. MI 2024-002-226-3961 Baltimore Avenue. I vote yes.

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Proviso. Temporary variance expires 8-28-26. Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is yes with Proviso. Tanetta Graham, my vote is yes with Proviso.

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Taya Nguyen, 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, counsel.

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Number 18.

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Thank you so much.

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Thank you.

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Number 18, MI 2024-002-291-2424 West Thompson Street.

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Vern Anastasio is the attorney.

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Ishmael Shahid has recused himself from this project.

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There's a letter of support from Brewery Town,

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Sharjwood Community Civic Association.

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14 in support, three abstained.

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Mr. Anastasio is coming back in as a panelist now, Chair.

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Okay.

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Good morning, Mr. Chair.

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Good morning, Counsel.

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

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Yep, it's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Barry Shore, the owner of the subject property.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Our vice chair has a few questions.

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I'm recusing myself from this one, chair.

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Counselor, do you agree to waive the reading of the refusal or stipulate to its accuracy?

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Yes, I do.

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Have you emailed them all the required documents and exhibits that's needed to proceed with this case based on the balance of this area?

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Yes, I have.

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Thank you. Please proceed and share.

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Thank you.

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Mr. Chair, this is the subject property right here on the corner.

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It has been a long-neglected abandoned property,

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just like the one next to it on the corner.

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And its history is of multifamily use.

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In the past, it's been a commercial first floor

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and a four-family dwelling,

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most recently a four-family dwelling above.

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But that is the subject property.

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My client purchased it with the plan

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to put in a three-family dwelling.

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uh all three units this is a 58 page exhibit binder by the way i'm moving into evidence

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all three units are ample in size three bedroom units it zones cmx2

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and the three units is prohibited in the in the district

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here's the interior layout as proposed your front door your large living kitchen area a hallway

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my size bathroom and two bedrooms this one's a two-bedroom unit

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Above, second floor, we have ample-sized kitchen with dining space, a large living area, full bath, and three-bedroom unit, one in the front and two in the rear.

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And then the third floor unit is identical to the second floor unit with just a slightly larger living space.

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Each of the three units will have access. Here's an artist's rendering of the property.

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You'll see a door that goes up to the second and third floor.

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You'll see a door that goes up to the second and third floor, another door that goes into the first floor.

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Each of the three units will have shared access to the rear yard for trash storage.

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There'll be a trash corral for that purpose.

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There's other multifamilies right on the block.

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As you can see here, there's a three-family dwelling right across the street.

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this is how the property was left

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as you can see it it was a it was a victim of vandalism break-ins

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this is the community letter that was mailed

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two pages here are all the addresses that were mailed to

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total 170 individual households

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there is the poster and the proof of said posting

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here's the long history of the property again going back we had a tailor shop and a four-family

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dwelling all of this is being moved into evidence here's an aerial view of the corner property

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and the zoning map as well i believe um actually i'm going to do this

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we met with the rco and their support was unanimous no one opposed 14 folks supported

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So with that, because of the history of the property, because we're offering three quality size new construction units for housing that will be approachable, as opposed to one very large property, and because commercial use is obsolete in this particular area, we respectfully request the granting of the variance.

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And I ask that Mr. Barry Shore raise his virtual hand.

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Mr. Shore, could you please state your name as spelled for the stenographer?

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Barry Shore, please unmute yourself and wait for the chair.

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Mr. Shore, please unmute yourself.

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Yes.

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Hi, my name is Barry Shore.

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Hi, could you spell your name for the stenographer?

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B-A-R-R-Y, last name is S-H-O-R.

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

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Yes.

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Please proceed, counsel.

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Thank you, Mr. Chair.

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Mr. Shore, did you hear my presentation to the board this morning?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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Do you adopt it as your own testimony?

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Yes.

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Thank you.

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I have nothing further, Mr. Chair.

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Sure.

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Questions from the board.

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Question.

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