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Hearing video

ZBA Hearing - November 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20224h 55m

market this as a single family dwelling? Well, the main problem, to answer the question of the

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chair first, two slides down, we have the three family dwelling and the reasoning why we think

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that is the best option to go. But we said we start out where we are now, and then the three

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family. So the reason why it's not a good single family home, it's just too large for that

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neighborhood we rented it at a very low price and couldn't get anybody to to take it even though

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it's not in a bad shape it was the family who lived in there previously always used it as three

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family was like multi-generational living there and we think a triplex is the best because we did

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that across the street then we can offer three times houses at a price point below a thousand

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dollars also offered to section eight and that's a bigger upgrade obviously also more expensive

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for us yeah and that would make the most sense and uh i was advised by l and i uh mr ward there

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said also bring in an option to just make it a duplex because then it's basically a very common

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layout for the neighborhood that's why we made those three options to reason and give also

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basically the board and an opportunity to discuss that right now a single family home it's not

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wanted in that neighborhood nobody wants to rent something like that we would have to sell it again

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and then one quote from another owner and also a lady who is head of one of the rcos if that is

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sold again like that then it's just going to be a house where uh that goes down pulls the

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neighborhood down and if we do the same that we did across the street from 2439 north 19th street

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that really increased the look of the house and is exactly what the community wants there that

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is what we were told and i got the witnesses for that thank you thank you um council do you want

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to have your part of testimony you did you want to have that um approved by mark yes mark uh mark

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Mark, do you approve the testimony that I gave on behalf of the applicant?

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Yes, I certainly do.

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Thank you, Glenn.

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Adopted as your own.

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And if needed, I would also like to explain why I brought Glenn Romano in last night that has a story to it.

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I can explain that, obviously.

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I'm not sure if it's relevant.

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We don't need a story from why you adopted the council.

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I just want to confirm.

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We appreciate him being on the line.

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I just want to confirm, Mark, you adopted the testimony that I gave as your own testimony.

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Yes.

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Questions from the board?

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Yes, Mr. Chair.

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Yes, Mr. Chairman.

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I can't see the basement.

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The basement, Glenn, can you go up the basement?

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We would leave unchanged as a utility room.

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That's the same basement as we have a picture.

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Stop one down.

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You just had it.

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The bird's few.

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Now you went too far, Glenn.

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There we go.

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yeah so the basement access it could only be from the first floor down that's basically

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would be a utility room no living down there no also the ceiling height is not enough it will just

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no living down there no also the ceiling height is not enough it will just be a storage room and

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utility it's it's basically like all those houses in that neighborhood the basement won't be anything

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for uh living there is no plan to develop the basement and attach it to a apartment one more

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one more question are your is your proposal three units we would prefer a three unit but if the

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board says a duplex is better then we would live with that as well but we applied and wanted a

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three unit that's what we wanted and that's what we went through the process it's the first time

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for us doing that we are small basically it's my own family doing this i never did this before

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and if we didn't do it properly i apologize for that but we we suggest a three unit but we were

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told a duplex may be a good compromise if the board doesn't want a multifamily as a triplex

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so so how many meters do you have there existing it was before basically there were four meter

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spaces when we bought it there was one meter because the lady who who sold it to us she was

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89 years old told us her husband used to use it as a two apartments rented and then they lived at

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the top floor and but then the fact the daughter moved in and then they wanted to get rid of all

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those pico bills and they told us that it costs less uh tax if it's just a single family home so

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you see on that picture there's four meter spaces for three units and one common that's what it's

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wired now and that's how we bought it okay other questions from the board yeah mr chairman i have

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a question. Can you scroll back up? I see someone there for PHA. I just want to make sure I don't

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have any conflicts before I vote. I think he took a class at PHA and he certified to understand

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Section 8. Yeah. So one of the community groups basically asked if he would also do Section 8

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because that's really needed in that area and said, yes, we did. And we have long before we

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bought this we i made this class and we also tried to rent it as section eight but even in

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also not in the section eight market or any kind of social or supported housing

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nobody needs that big of that huge size of a house basically or as glenn romano told me this morning

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people who basically can do that they would move somewhere else that's what was my understanding

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but we tried and it's not we are basically from europe and want to think long term like uh and

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nobody wanted it for that price point okay i'm good mr chair uh thank you mr chairman i would

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recommend maximum two units thank you okay well let's go let's go see where planning is first

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uh tom and if i i hear what you're saying tom okay questions from the virtual audience

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Chair, we have Odessa Tate with her hand up.

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Okay.

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Ms. Tate, please don't.

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Okay, Chair.

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It's telling me she's not available to talk because she's using an older version of Zoom.

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Okay, all right.

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So I would have to promote her to a panelist.

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Yes, please promote her.

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Okay.

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Let's see what she has to say, please.

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She should be coming back into the panelist now, Chair.

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hello chair hi how are you could you could you state your name and spell for the court reporter

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please sure it's odessa tate o as in oliver d as in dave e as in ethel s as in sam s as in sam

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a as in apple t as in tom a as in apple t as in tom e as in ethel all right do you swear for him

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to tell the truth the whole truth is nothing but the truth yes i do proceed miss tate so according

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to the city of philadelphia and rco is responsible for organizing and conducting public meetings

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where community members can comment or plan developments in their neighborhood

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we take votes based on neighborhood residents it is a violation and a disservice to rcos when

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real estate owners or developers invite other developers real estate professionals and family

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members outside of the community to represent a portion of the vote all in the family did not

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take a vote because it was clear that Mr. Roche had his other property tenants and developers

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on the call to participate in the vote. Participant at 2225 North Verpelt Street is under Ms. Riesling,

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LLC, which is a partner of Mr. Roche. Participant at 2439 North 19th Street, International Brothers,

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LLC is also on the lease with Fuller House for the 2412 North 19th Street. One participant claimed

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One participant claimed to live at 2324 North 19th Street and the house is owned by Alma Parker and Ruth Wilson and there is no record that indicated a sale or rent of property. One participant admitted to be an attendant at one of Ms. Erosha's properties at Sharswood Street under Ms. Riesling, LLC.

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to live at 2324 north 19th street and the house is

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Last participant at 2412 Grant Street reported that he was a resident and renting out a room in his home for $450.

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This point was used to drive the example home for more that people want smaller spaces.

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Furthermore, this is a two-story property and the participant has a rental license for two units, license number 826300.

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The morning after the meeting with Mr. Roche, he struck me with allegations that the people on the call contacted him

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and thought that he was a victim of racial bias and discrimination

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and sent a document attached with complaints from his tenant on Sharswood.

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Listen, Ms. Tate, do me a favor.

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Could you just lower your voice a little bit or lower the volume on the computer?

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Okay, my apologies.

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No, no, no, don't apologize.

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Just, we can hear you better.

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Okay.

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So his tenant on Sharswood and his partner at 2439 North 19th Street,

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This is completely inadmissible with those allegations.

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Then a couple of days later, he sent an email saying we had the feeling things changed a lot when Odessa saw us for the first time.

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He also included in the email that he tried to look up the ownership and representatives of my organization and for me to send him the information.

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With these offensive and preposterous allegations, I chose not to further speak with Mark.

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But I have one question. How is an RCO protected when things such as this occur?

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Mr. Roche made mention in his presentation that 2412 North 19th Street was a triplex since 1960 after being a five-family home,

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then stated that the home was converted to, say, taxes or multiple PICO bills, they don't know, in 1991.

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Now, in 1997, the property was recorded as being used as a single-family home since 1991.

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Legally on record since 1997, there is no indication that the property has legally been used for multi-family.

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Mr. Roche stated that he purchased the home on March 30, 2022 and tried keeping it a single-family home

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and that the property is tough to rent at $1,370.

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He also stated that he marketed the property for two months with no response

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and stated there was barely a response with the property.

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He has written a statement saying we think families don't want houses that large in their neighborhood.

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If renting it for $1,290 plus $80 for water does not go well, renting it for $2,000 will work even less.

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Furthermore, he is currently renting the property as a single-family home to a tenant effective June 2022.

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Her lease term is over in June 2023.

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Also on the lease is Statesville House at International Brothers LLC, who are owners of the property 2439 North 19th Street.

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Mr. Rowe showed that he has a PHA landlord certificate so he knows that he can partner

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with PHA for this home to get a more desired income for a tenant for a single family rental

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in fair market rent.

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So Mrs. Tate, Mrs. Tate, listen, I think I know where you are, so all in the family

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has decided not to take a position, you're saying, because of the people that were at

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the meeting, am I right?

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Yes, because of the people that were at the meeting, and we do not support the variance

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for one it has been used as a single family by the previous owner since 1991 even in disrepair

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because i have photos of the current property mr roach is currently renting the property as a

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single family home for his price of 1370 and he used inadequate architectural drawers from another

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property to represent as the proposed architectural development for this mistake mistake mistake

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slow down i think i know where you are and i think i understand what your position is okay

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thank you okay thank you very much is there anyone else in the virtual audience

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chair i see no hands at this time okay planning commission

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it's uh ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r all right

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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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i do proceed ryan uh this property is indicated for residential use on the city plan given the

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surrounding use context and its documented use history recommended the requested variance be

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granted provided maximum two uh units only so mi 2022 003 536 24 24 12 north 19th street

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I vote yes. Maximum two units.

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Harold Tineri, my vote is yes. Maximum two units.

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Thomas Holloman, my vote is yes with proviso.

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thank you so so you understand thank you council so you have two units all right number four

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MI-2022-003-544-504

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North Pleasant Place. Joseph Consul is the attorney.

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We have

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waiting for the RCO letter by Eastmount

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Airy Neighbors.

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

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Mr. Consul is coming back in as a panelist now.

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Go ahead, Hillary.

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No, I was going to say, I checked my email.

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I do not have a revised exhibit packet for this case with an RCO letter.

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So if Mr. Consul could show that on his screen and then send a copy of that as soon as the hearing is over, that would be greatly appreciated.

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We'll do that.

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Oh, certainly.

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You want me to start with that?

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Well, let's start with – I've already sworn you in, I think, Mr. Consul.

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Yes.

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Could you identify your client and their relationship to this property?

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Yes, my client is Mr. Gregory Finch, and he is co-owner of the property with Diane Finch.

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Okay, and our vice chair has just a few questions.

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Hi, Mr. Consul. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance,

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a copy of the refusal or referral, photos and or plans

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of the property five days in advance of this hearing, and have you met with the RCO

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and do you have a letter? As discussed, the RCO letter was sent out

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last night, which I'll share and then email over immediately. Okay, great.

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Tax clearance, Hillary and I already spoke about that earlier

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this meeting. Okay, you may proceed and begin. You already did

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sharing your screen. Is my appeal packet up?

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It is.

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All right.

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So this is 504 North Pleasant Place.

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This property was built as a three unit.

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And as you can see, it held a rental license for eight years as a three unit.

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It was owned at that time by Teresa Ashton.

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She passed away around the time that this license went inactive.

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my client is uh kin of miss theresa ashton i believe it's his great aunt through um through

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just the family inheritance he now is the owner of the property and has come in to um fix it up

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and get it legalized so to that end we are here uh seeking to um re-establish the previously

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approved three-unit use. The property has never been anything but, as I discussed.

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We have the refusal. This property is zoned now as RSA 5, and multifamily living is prohibited

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in the district. We have the RCO letter. I'll leave this up for a second. They gave us two

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bits, both a cover letter saying that they vote to support the variance. We met with them in

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October 25th. And then subsequent to that, they also sent us a vote. Five attendees, two near

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neighbors, all in support. These are certificates of mailing. Photos of the property. Here's the

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outside. That door is the entrance to units C and B. This is the entrance from a

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