civus
Hearing video

ZBA Hearing - October 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 8, 20258h 7m

We have like, so my clients have lived at this address for over 20 years, but they actually did a petition.

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Let me just get there.

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I feel like

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it's not doing it

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but let's just get to that page

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16th on the media block

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yeah there are a lot of people in support

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I did an illustration

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just kind of pinpoint how many people

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were in support

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I just want to get to that

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here we go

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that's

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every blue dot is a property that has either signed the petition or a letter in support of

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this project well not a project more so you know putting a this is not a developer this is a

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homeowner um who lives in the city of philadelphia with his family just wants off street parking where

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there's an issue with you know finding parking in the neighborhood and given that we're not taking

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a public parking spot off the street, and we're taking a car off the street, it's alleviating

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the situation in that neighborhood.

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Is this house a double-wide house?

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Yeah.

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So what happened is, if you look at the notice of refusal, my clients originally owned this.

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Correct me if I'm wrong, Eric.

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Which one is it?

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This one?

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This one, yeah.

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Yes.

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originally owned this property then they purchased this property here and by unity of use they

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consolidated these two properties so they just have a growing family and just make it easier

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to load and unload the children and groceries i got i got it yeah thank you is there a curb cut

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already or are you going to do this after you come up with this space yeah we're uh we're waiting

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for the approval so that we can get all good yeah okay and how wide is the street that you're

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turning off and into uh we have that yeah yeah i mean i could take a look um but there's again

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multiple examples there's probably like at least a half a dozen examples of other ones but i can

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let me show the turning yeah let's just look at that

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so the street itself

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I think you had another one too

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oh yeah I think I may have with the turning radius

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there we go

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and where do you park your car now?

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on the street

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but not on this street right you said on uh on the side of the street where this street has

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no parking on our side of the street and then there's parking on the other side but since uh

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the other side but since uh there's been a brand new 19 unit apartment building with no parking

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there's been a brand new 19

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parking's got a lot tighter on our block understood okay thank you

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questions from our attorney hillary emberson not at this time mr chair questions or comments

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from the virtual audience there are no hands at this time chair planning commission good afternoon

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list fuselage for the planning commission the comprehensive plan recommends no change to the

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rsa 5 residential single-family zoning at this location the city rezoned this neighborhood in

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1977 in a council-supported map change the appellant has not shown that they would suffer

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an economic detriment if they were required to comply with the required side yard in the rsa

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5 zoning district the city planning commission recommends that the board deny the proposed

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dimensional variance for minimum side yard width.

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Mr. Chair, I would just point out the fact that there are multiple instances

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on Nippon Street which allowed off-street parking.

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We're looking for that similar accommodation where there's no harm

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to the public by taking any public parking off of the street.

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Can I? I'm sorry.

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I have one more question. What happens to the

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unity of use if you are removing part of the property that is included in the

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unity of use? What are you going to do about that? Well, the property itself

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remains. Just think of it as a parcel A and a parcel B.

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There's a unity of use. We're just taking a portion of the building

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structure that is, and let me just point this out here. That's my question.

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The question is, this part of the property is included in the unity of use, correct?

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That is correct.

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So now if you're going to take off part of this property, I mean, that's what unity of use means.

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You're supposed to use the property.

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Well, hold on, let me answer this.

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Are you going to, what are you going to do about the unity of use or reforming it so that it now reflects what the actual building widths will be?

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Well, the property itself stays the same.

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There's a parcel A and there's a parcel B.

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Just like any other time when you get zoning approval, we ask that all zoning approval remain other than the taking off of a portion of the building to create the parking arrangement.

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Okay, so that's my question.

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Yes.

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My question is, what are you going to do about the unity of use if you're going to remove part of the property that makes up the unity of use?

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Am I missing?

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No, no, I understand what you're saying. I think, so based on the way the refusal is written, it sounds like L&I is allowing them to make, to kind of add, essentially add a use, the accessory parking into the existing unity of use.

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i don't know if there's other documents that need to be changed as part of that but l and i

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specifically noted that this property was subject to unity of use um when in the description so i

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don't think it doesn't appear that it changes anything from l and i's perspective um unless

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they've asked for other documentation but yeah all right okay thank you thank you okay so um

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MI 2025-002-711-35 Nippon Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tana Graham, my vote is yes.

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I win, my vote is yes.

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Thank you.

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Our council said you have a couple meetings to go to,

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so I'm going to try to take you all right.

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I appreciate it.

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Thank you.

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So number three, MI 2025-002-409-3552 North 18th Street.

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you've already been sworn just for the record state your name alan occamson do identify your

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client in a relationship to the property yes my client for 3552 north 18th street is nice town

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acquisition llc and in the virtual audience is alan uh boravich one of its members unanimous

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support from the allegheny west civic association by five votes um our vice chair tonight tonight

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has a few questions. Have you? Thank you. Good afternoon again. Have you emailed all your

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documents and exhibits five days in advance before this hearing? We have. And do you waive

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the reading of the refusal and stipulate to its accuracy? We do. Okay, thank you. Thank you.

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So this is an unfortunate situation and we did not represent the client when this happened.

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Apparently this was in front of the board in 2019, these approvals. It was approved. For whatever

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for whatever reason they never applied for their rental license so as the board knows is that once

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reason, they never applied for their rental

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license. So as the board knows,

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you forget to apply for the rental license you got to start from scratch and that's what we're

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doing here so again this board approved this in 2019 they didn't do it intentionally you know

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they're asking that the board re-grant this and obviously i will advise them to make sure that

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they get their rental licenses. But we'll first review the notice of refusal. This lot is 1,547

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square feet. It is RSA 3. There are two refusals, one for household living and four units.

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The second one, because it's an RSA 3 property, they're requesting parking as well. We could not

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physically accommodate parking. It would be out of character in that neighborhood as well.

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This looks more like an RSA 5 property, but as you can see here at the bottom here, in 2019, the board granted four-family dwelling in an existing structure, so nothing's changed since 2019.

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Again, Allegheny West unanimously approved this request, and a couple things that they stated, well-kept, law verified by a board member,

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and my client's team cleans,

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you know, make sure the surrounding area

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is cleaned every Thursday.

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And again, here's the property history

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showing the four-family dwelling.

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You have to get your rental license to have that stick

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and hopefully this time they'll do the right thing.

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And then not out of character

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to have similar multifamily

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for non RM1 properties. We have 3509 North 18th Street, 3548 North 18th Street, 3546 North 18th

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Street, 3515 North 18th Street. Again, we're a corner property. Trash will be stored outside.

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We can agree to a proviso in that respect. Also commercial trash pickup. They pick up their own

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trash. So it's a bigger group that owns the property will pick up their own trash. Again,

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And this is the property from North 18th Street, property from Venango, hearing notice posters

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showing proof of posting on each public street, North 18th Street to the right of the property,

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to the left of the property, West Venango Street to the right of the property and the

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left of the property.

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Interior photos, this is, I would assume, from their sites that they advertise.

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and then our plans and drawings one thing to note that while there's a basement it's common access

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it's there's you know we can also agree to no living in the basement right so everyone has

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access to that um but you can see here you walk into unit a um it's it's one uh bedroom and two

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baths there's a access for unit a only to the i guess they all can access through the street but

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like direct access through their unit and then there's unit b and unit c those are studios and

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then unit d is a two-bedroom one bath we met with the community on august 19th at 6 p.m

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proof of our mailing along with the addresses our applications for appeal on behalf of nice

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town acquisition LLC along the notice of refusal and the project information form and the deed to

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property showing that nice town holdings LLC is the owner and then finally the tax clearance

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certificate if I could get to that there's a balance due technically but they they paid that

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amount so there's four dollars and 79 cents apparently due at one point so with that being

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said i would ask that alan uh virtually raise his hand to be sworn in this was approved in 19

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2019 by this by this board yes

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what's his name again alan borovich should be in the virtual audience

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I share, he's being promoted

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Okay

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I'm here

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Hi, could you please state your name and spell for the stenographer

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Alan Borovitch

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A-L-L-E-N

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B-O-R-O-V-I-C-H

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Mr. Borovitch, could you put your video on, please

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Thank you

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do you swear or affirm to tell the truth

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told truth nothing but the truth

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yes I do please proceed counsel

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Alan you heard everything I had to state

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Alan, you heard everything I had to state today about your zoning matter.

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today about your zoning matter

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Yes.

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Is it true and correct?

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Yes.

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And do you adopt as your own testimony?

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Yes.

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Thank you.

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Questions from the board.

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Are these units currently occupied?

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Mr. Borovitch?

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Yes, they're all occupied.

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Yeah.

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Again, no intentional misconduct here.

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They didn't realize about the rental license situation.

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I think there was an administrative slip-up.

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Obviously, hopefully we get support from this board again as the old board or former board

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and obviously then get the rental licenses.

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Other questions?

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Yes.

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If you know, it says here that this variance that was granted in 227-19 and then it says

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proviso

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CCP

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decision

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do we

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have any idea of what that

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might

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be referring to

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I'd have to look into the history

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but it sounds

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it sounds like whatever the

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board's decision was

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it was appealed to the court or common pleas

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and they either reversed or affirmed

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depending on what it was

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was a five that was back when it was a five family no no that was four family yeah the five family

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was was turned down that that or was withdrawn yeah no so this one it says proviso so oh that's

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oh see yeah i see the dba granted the variance so it must have been affirmed by the court of

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common pleas okay so then challenge to it so then the but the then it wouldn't have they wouldn't

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have had to complicate anything until well it was granted so you could go ahead and do it right

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