civus
Hearing video

ZBA Hearing - November 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 29, 20235h 16m

no mr chairman no chair no chair questions or comments from our attorney hillary emerson

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just a quick clarification um mr clinton are the parking spaces that are proposed one in the front

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and one in the back of each property are those existing or are those new curb cuts that are

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proposed right they are not existing they are they are new uh curb cuts for each okay they they came

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up as existing on the plans that's why i was confused um so i think there may be i think

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there may be a misrefusal then for the front loaded the front loaded parking um i will just

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note that you know for the record okay thank you you know miss emery miss emerson i think that

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they're the curb cuts that are there are so old and depressed i think uh they probably were

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grandfathered in but i didn't want to say that they were because we still went and got streets

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approval no problem no problem thank you from the virtual audience yes chair i have a person with

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the phone number last for number seven seven nine eight i will allow to speak okay hi could you

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state your name please and spell for the court stenographer hello do we see their hand the hand

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i lowered the hand because i i did allow them to speak okay

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hi could you state your name please okay here he is again okay hi could you state your name

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Hi, could you state your name, please?

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please and spell for the court stenographer caller with the phone number ending in seven

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seven nine eight can you please unmute hello hi hi can you state your name hi could you

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state your name and then spell for the court sonographer

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edon schlomo for edon last name schlomo s-h-l-o-m-o right do you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do are you a neighbor yeah i'm a near

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i'm a near neighbor i'm a block away on 2500 federal okay please proceed i just want to say

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I approve of these, or I think these projects to go ahead are approved.

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I'm hoping they do.

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Right now, they're just empty lots, and we really look forward to having some new construction projects there.

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It's going to make the neighborhood more accessible, safe, clean,

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and the developer worked with us in the community meetings or in the past well

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just to make sure that our voices are heard,

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and they added uh safety measures um to make sure that everything is added included and uh

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i'm really appreciate we're we're i really appreciate that all right thank you for

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taking the time to call and we appreciate it is there anyone else in the virtual audience

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no hands chair hi planning commission

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good afternoon chair peter bernard for the planning commission

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peter could you spell your name please for the court stenographer yes i can p-e-t-e-r b as in

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boy is an apple r as in roger and as a nancy is an apple r as in roger d as in dog you swear

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a firm to tell the truth the whole truth and nothing but the truth i do chair please proceed

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the comprehensive plan recommends a change to irmx industrial residential mixed use at these

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locations we feel these proposals are largely consistent with the recommended zoning accordingly

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the planning commission recommends the board grant the variances thank you hillary do we have to hold

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the vote to make that correction um because it's not clear the status of the curb cuts mr chair

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and they already got street approval um i think i think we're okay um on this and we can vote and

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we can vote them together all right thank you number seven mi 2023 004 449 2706 federal street

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and number 12 mi 2023 004 445 2708 federal street i vote yes to both

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thomas holloman my vote is yes to both james snell my vote is yes to both

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ishmael shaheed my vote is yes to both thank you mr clinton thank you mr chairman again thank you

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for the accommodations very much appreciate it okay thank you we're going to go to our regular

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List number one, MI 2023-005-681-2358, East Susquehanna.

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Burn Anastasio is the attorney.

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There's a letter of support from the Fishtown Neighbors Association, unanimous.

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There's a letter of non-opposition from Council Member Squilla,

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and the applicant also provided a petition in support signed by approximately 111 neighbors.

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along with a letter of support from an adjacent neighbor

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verne anastasio is coming back in as a panelist

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good afternoon again mr chair just for the record state your name mr anastasio

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yeah verne anastasio could you identify your client the relationship to this property

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yes sir i'm representing will france boyas who is the owner of the property

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and our vice chair has just a few questions thank you

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy?

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Yes, sir.

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Will you email, then, all the required documents and exhibits that is needed and required

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to proceed with this case in advance of this hearing?

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Yes, sir.

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Thank you. Please share your screen.

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Thank you, I intend to, right, should work now, yeah, sometimes it's smooth and sometimes

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sometimes it's smooth and sometimes it's not so maybe one second

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there it is we've got a 69 page exhibit binder of evidence at 2358 east susquehanna avenue

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the application is for the relocation of lot lines from two to one i'm sorry from one to one

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and for basically a legalization of a four-family dwelling.

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It is CMX2.

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We have two decks also on the property that were proposed.

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The decks had some setback issues,

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which is their primary refusal.

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And then we've got, because it's CMX2,

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there is a commercial requirement on the first floor

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that we are not meeting.

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and for all intents and purposes they're the two material refusals here is the block

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consolidation plan that's already been signed off and yep right there in addition we have

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let's give you some exterior

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elevation, the proposed south elevation.

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Again, this is an existing structure.

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Then we've got our interior layout, drawn to scale.

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For each of the four units, here's additional renderings that show the two decks, one here

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and one here.

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Property will be owner-occupied in addition to the three other units.

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property has been in major disarray for quite some time on a very high visible section in

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Fishtown with Kalia and Soraya right around the corner. I mean, lots of folks see this corner.

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And one of the reasons why we were able to get unanimous support from all immediate neighbors

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and the RCO was because my client is going to be breathing new life with some landscaping and

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and a small mural, and really doing justice to this otherwise dilapidated property.

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Each unit has its own entrance, which is unique as well.

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Here's the property in question, interior.

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Robert Hopkinson, previous owner, Frankenstein, this property never consolidated the lots.

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And as such, my client is ready, willing and able to not only consolidate and get the use squared

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away, but then go through the process of getting a proper CO with all the health and safety and

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building code requirements that it would entail.

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As previously stated, we had a meeting with the Fishtown Neighbors Association.

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Here is one of the letters that was sent out.

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We have a copy of my appeal as well in here.

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and we also have proof of mailing signatures of support letters from immediate neighbors

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as well as under separate email a letter from fishtown neighbors and of course

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council member mark squilla 190 individual households were placed on notice it was a very

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well attended rco meeting as is the typically the case in fishtown and we are very pleased to bring

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this project not only to the community but to this board because of the pre-existing non non-conforming

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for family dwelling because it's a very large property that's been neglected for quite some time

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already frankenstein we ask that the consolidation be approved uh the use be approved as well and

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those decks, which will provide much needed eyes and ears on the sidewalk, according to

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the neighbors, be approved as well. With that, I'd like to have Mr. Wilfrance, please raise

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his virtual hand so we can get him to testify.

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Wilfrance, Mr. Wilfrance is allowed to speak.

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Yes. Hello, everyone. Can you hear me?

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sir could you state your name and spell please for the court stenographer my name is will france

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that's w as in willing i as enlisted l as in love f as in fun r as in rare a as an apple n as a nancy

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F as in fun, R as in rare, A as in apple, N as in Nancy, C as in care, E as in extra, last name, who, yes, P as in person, O as in out, U as in under, Y as in year, E as in extra, S as in Sam.

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Do you swear or affirm to tell the truth to hold truth enough about the truth?

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Yes, sir.

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Proceed, counsel.

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Thank you, Mr. Chair.

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Will, did you hear my presentation to the board this afternoon?

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Yes, I did.

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is it true and accurate to the best of your knowledge yes it is i mean i don't recall if

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you um mentioned a letter of support by the neighbor i did yep it's all and all 69 pages

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in addition to the letter of a council member have been submitted into evidence is it uh and

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do you adopt it all as i presented as your own testimony yes sir thank you i have nothing further

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questions from the board no mr chairman

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questions or comments from our attorney hillary emerson

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not at this time chair questions or comments from the virtual audience

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yes chair robert everett has a hand up and i will allow him to speak

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

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yes good afternoon first name is robert r-o-b-e-r-t last name everett e-v-e-r-e double t

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right do you swear or firm to tell the truth the whole truth nothing but the truth

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yes i do sir are you a neighbor i am a neighbor i'm also on the fna zoning committee

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please proceed sir just want to confirm everything uh mr anastasio said is correct

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It was all talked over extensively at the meeting, and everyone is very excited to have Will France join us in our community and get that property fixed up.

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And just real quick, our letter of support, I drafted it, our chairman sent it.

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It had the wrong MI and ZP number.

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So if you need a corrected one, I can send that in to you.

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I think our testimony will be enough, but thank you.

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We appreciate it.

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um is there anyone else in the virtual audience

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there are no more hands here planning commission

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good afternoon chair peter bernard for the planning commission

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please proceed the comprehensive plan recommends no change to the existing cmx3 commercial mixed

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use zoning at this location we feel the applicant has demonstrated sufficient hardship accordingly

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the Planning Commission recommends the Board grant the variances. Thank you. MI 2023-005-681-2358

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East Susquehanna Avenue. I vote yes, proviso, per refusal dated 9-26-23.

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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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Thank you all.

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Thank you, counsel. Number two, MI 2023-004-198-1603 Annan Street. Alan Nockamson is the attorney. Letter of support from East Point Breeze Neighbors Association provides a three-year temporary variance.

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applicant also provided a petition of support from 16 neighbors along with eight form letters

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of support uh mr knockamson

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alan knockamson has been promoted to panelists thank you

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

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yes alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n

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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 a relationship to this property?

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Yes.

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My client is Nathaniel Itescu, the owner of the property.

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And our vice chair has just a few questions.

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Is this Edmund Street, Chair?

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This is number two.

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It's 1603 Annan Street.

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Okay. Do you agree to weigh the reading of the refusal to stipulate towards accuracy?

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I do.

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

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Yes, we have.

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Thank you.

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All right, so we're here to present 1603 Annan Street.

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This proposal is for legalization of an Airbnb.

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So first of all, we'll review the notice of refusal, then a letter of support from the East Point Breeze Neighbors Association.

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In addition to getting support of the association, as well as the individuals who appeared at the community meeting, we also canvassed the neighborhood where my client obtained a decent amount of signatures that were attached to a petition, as well as letters of support.

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I believe the immediate neighbor, 1601 Allen Street, also signed one of those petitions or letters.

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Having an Airbnb is not uncommon in this neighborhood.

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So we did a review of nearby visitor accommodation listings, and we provided a map to show that,

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as well as the VRBO listing for the property to show, like, you know, the ward, what the property is all about.

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Mr. Itescu is a responsible Airbnb operator. He has quiet hours from 10 p.m. to 6 a.m. He fines his occupants if there's unnecessary noise or rule violations.

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He has agreed to put remote sound monitors in the property in case there's issues with noise.

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And he has security cameras surrounding the exterior and the shared hallway of the property as well.

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And he provides his contact information on the property itself.

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And people in the neighborhood know who he is.

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After looking at the listing, we'll review the maps of the area.

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photographs of the property as well as uh you know from an exterior point of view as well as

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an interior point of view or a simple plan like floor plan of the property um our rco meeting

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notice um our application for appeal our deeds of property showing that mr detescue is the owner of

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the property and a certificate of tax clearance showing that he owes no real estate taxes uh with

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regards to this property at the conclusion of my presentation i would ask that mr detescue virtually

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raise his hand, be sworn in, and then we can ask him some questions about our presentation.

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The notice of refusal, so this is an RSA-5 property. We're not looking to increase density

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here in any way. We're having single-family use. We're not renting by the room. All we're looking

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to do is visit accommodations in an existing structure. Mr. Ittescu purchased the property

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in 2017 with that intended purpose. And it would be a hardship on him for him to rent this for

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long-term accommodations. Again, Mr. Teske is a well-known figure in the neighborhood. People

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know who he is. He makes sure that people have contact information if there are issues, whether

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it's long-term or short-term, but here short-term. And because of that, he receives support from the

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community uh at large um if you look at it there are only two affected properties um who attended

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the meeting and both individuals support the project as well so the people who are most

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directly impacted are in support of this uh use and again as the mr chair stated um they

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the request of the community is a three-year temporary variance you know that we embrace

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Petition, you can see where we are in the neighborhood. We're on Hannon Street between 16th and 17th, between Ellsworth and Federal, but where we are, the property to the right of us signed a letter, or I believe maybe the petition in support of this matter.

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