civus
Hearing video

ZBA Hearing - August 17, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 17, 20223h 52m

so our proposed plans here we're asking for one accessory parking space i wish we could fit more

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but we're not going to take down the trees that i've planted um we care a lot about the tree canopy

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here in our neighborhood um this does not take away any street parking so just where it lines

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up it won't remove any street parking it's already an existing no parking zone um it's consistent

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with neighboring properties on the same block there's a lot of commercial properties with

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entrance spaces, so existing curb cuts, and even though it is RM1, it's with, it's lumped in with

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a lot of other properties that have curb cuts. We've received streets approval. Huntington is a

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wider street, so it's much safer to turn into and out of, and there's no street furniture there

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that would impede that. We have Councilman Squilla's support, we have our RCO's unanimous

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support and then we have all the near neighbor support including those some many wrote in letters

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but i've also talked to a lot of neighbors who don't aren't as technologically savvy and

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english isn't their first language but you know i have relationships with them over the years as

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the block captain and we have full support from everybody around so here's our streets approval

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document um here is a photo of the zoning notice posted on the fence this past month um but our

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hardships that we are asking for the number one is economic um this is a garden first and foremost

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we are not building on this property i couldn't afford to build on this property and i want to

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raise my children here in this neighborhood so i'm not trying to sell my garden but um our tax

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assessments have continued to increase over the years and um it is not what taxes are not what

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they once were and while i still think it's pretty undervalued it's it's quite high for just a garden

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And so we'd like to be able to utilize it in some way that just makes a little bit more sense.

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Additionally, we need access to the garden.

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This is a very large garden that requires a substantial amount of maintenance.

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It's not like a traditional backyard in our row home backyards.

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We have to dump large things of soil, and we need a means of access that is safe.

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And then just a personal hardship.

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I know that this doesn't really count in this whole process, but I'm a mom of small kids.

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I drive a Prius and I've had multiple catalytic converter thefts.

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I would really like to not have to pay $500 every six months when my catalytic converter

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gets stolen.

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But it's consistent.

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As I said, it's consistent with the existing curb cuts on the block.

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It's in harmony with our neighborhood.

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We've been here a while and we're not going anywhere.

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And that matters a lot to us.

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We will not, it will not be reducing any available street parking, which matters a lot to our

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neighbors up here.

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and it's not altering the essence of the block so here's some photos of this existing block

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that these are the other curb cuts in it and if you go one block more there's more curb cuts

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here's just a photo of us having to dump two tons of soil right on the sidewalk and get it moved

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very rapidly to tend to the garden so we have unanimous support from ECNA the RCO board members

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did abstain but the letter of support from Councilman Squilla we have multiple letters of

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support from the neighbors we've received no negative feedback today and we've done our due

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diligence to really involve all the neighbors so here are those letters and um which we've submitted

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with our packet and we thank you for your consideration questions from the board and mr

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chairman questions or comments from the virtual audience

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i see no hands mr chair planning commission thank you chair bergman ian hegarty for the

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philadelphia city planning commission uh members of the board in 2016 the zoning map was amended in

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Members of the board, in 2016, the zoning map was amended in this area in accord with the recommendations from the comprehensive plan.

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This parcel was intentionally left as RM1 to facilitate development of multifamily housing.

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In addition, Huntington Station was recently designated as a transit-oriented development station as recommended in the comprehensive plan.

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We don't feel that the applicant has justified their hardship claim with evidence of unique physical circumstances that prevent redevelopment of this lot as housing.

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And in addition, the proposed use as non-accessory parking conflicts with the intent of the TOD overlay and with the comprehensive plan.

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The disposition of this property was pursuant to a redevelopment agreement, which included a clause that the site be developed and used in conformity with the comprehensive land use plan of the city of Philadelphia.

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So I would recommend that the applicant check with the Philadelphia Redevelopment Authority to ensure that the clause is being complied with during this redevelopment.

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We recommend that the board deny the variance.

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If the board is inclined to grant a variance, we recommend that a proviso be added to limit the term of the variance to a period of three years so that the proposed use does not displace any potential redevelopment for housing in this growing area.

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thank you mi 2022 001 921 1903 east huntington street i vote yes with proviso a term of three

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years carol tenary my vote is yes with proviso uh the term is three years and uh tanya do we need

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a date this is hillary yes um why don't we say um september 1st 2025 okay okay september 1st 2025

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ishmael shaheed my vote is yes we'll provide though to um with to extend to september 1st 2025.

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fast. Thank you.

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Let's see.

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7, 8,

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9.

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Number 10.

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MI 2022

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002179

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2360 North 6th

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Street. Zen Jin is the

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attorney.

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Recommendation of support

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from the 37th Ward

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RCO.

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Mr. Juno, will we be joining as a panel, sir?

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Sure.

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Good morning.

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Good morning, counsel.

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Could you state your name and spell for the court reporter, please?

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Yes.

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Zhenjin, Z-H-E-N.

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Last name is J-I-N.

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1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103, here on behalf of the

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applicant.

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Right.

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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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Okay.

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Could you identify your client in relationship to the property?

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Sure.

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My client is Yona Construction, 50% owner, along with another corporation, which is 50% owner.

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I believe Mr. Nathan Schwartz will be here today on behalf of the corporations, and they're the owner of the property.

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Do you represent both LLCs?

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Yes, they own the property together.

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So, yes, I do represent those houses.

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Our Vice Chair, Carol Tenere, has a few questions.

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Thank you.

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Hi, Mr. Zinn, do you agree to, yeah, that's correct,

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wave 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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refusal, referral, photos, and or plans of the property

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five days in advance of this hearing?

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and have you met with the RCO, and do you have a letter?

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Yes, to all questions.

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Okay, great. You may proceed and begin with sharing your screen.

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Thank you. I'm going to share with the board the exhibit package that was previously submitted.

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Is my exhibit up on everyone's screen?

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Yes.

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Yes, it is.

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Thank you. So we have submitted with our exhibits the copy of the refusal, support letter,

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photos, plans, and related documentation required for a zoning appeal. This is an application

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in a CMX2 zoning district on North 6th Street. The proposal is to have the property be used

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exclusively for residential. The refusals hit mostly on two items. One is lot size for

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three residential units, whereas two is by right,

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along with the commercial unit.

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The other is for the lack of the proposed commercial unit.

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The other is for the lack of the proposed commercial unit.

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The main reason we are seeking to have a residential rather than commercial set up at this particular location, although the block itself is zone CMX2, this is not a corner property.

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The main reason

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We're actually one lot away from the corner.

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And the area itself currently is very much suffering from a lot of vacancies.

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It is otherwise surrounded by residential multifamily developments and the existing commercial properties where there is a small store here, a beer distributor that looks like it's mostly shut down.

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In fact, that was brought up at the community meeting and predominantly otherwise vacant lots with a few residential properties dotted nearby.

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However, it's also worth noting that we are not that far from Germantown Avenue, about two, three blocks away, and that is the primary commercial corridor that is trying to be revitalized.

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So the community was in support of our idea of a residential property here because part of revitalizing the commercial corridor is to make sure that there are residents in the area that would become the customers for those commercial properties.

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The design of the property is relatively straightforward and not unlike some of the

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others that have been proposed in the area. It is a three-story structure with a unit on each floor.

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The units themselves all have exterior access space. The first floor would have the rear yard.

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We have a deck, a small, I always forget the term for this, a balcony for the second floor and then a roof deck available for the third floor so that each unit have exterior space available to them for trash storage prior to any pickup of the trash when the trash day comes.

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The units themselves are set up with the first unit taking the cellar and first floor, the second unit being on the second floor, and the third unit being the top floor.

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Each unit has its own layout with the kitchen, living area, a bedroom, and an additional den area that can be used in whichever way the actual tenant would feel is best for their purposes.

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However, we're trying to keep the unit relatively open so that it does not essentially increase substantially the density in the area.

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From a commercial hardship standpoint, the lot itself is not very large. It's a little over a thousand square foot, even though it is possible to put a 800 square foot first floor commercial space.

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Again, based on the area's lack of other commercial use and lack of residence at this time, an enclosed commercial space of that size would have substantial difficulty finding a use or a tenant that would want to use it.

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And it would also compete with Germantown Avenue commercial spaces that are still trying to get tenants at this time.

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So that is why we proposed a full residential use. I do want to point out that we have received overwhelming support from the community when we appeared before them, and they do understand the area and what is going on with the lots in the area and supported the idea that a multifamily at this location would make sense and would actually help the neighborhood.

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So with that, I'll be happy to answer any questions from the board or redirect to any particular part of the application if the board would like to see any exhibits again.

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Is your client here?

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Yes, I believe Mr. Nathan Schwartz should be here.

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You want to have your testimony adopted?

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Sure.

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Mr. Schwartz has been allowed to speak.

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Yes.

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Mr. Schwartz, could you state your name and spell for the court reporter?

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natan schwartz n-a-t-a-n schwartz s-h-v-a-r-t-s do you swear or affirm to tell the truth the

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truth nothing but the truth yes proceed uh counsel thank you mr schwartz can you verify that you are

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in fact authorized to represent both uh 50 lc's in this matter yes i am thank you um have you

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did you see my presentation to the board on your screen and did you hear all my testimony to the

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board? Yes, I did. Can you verify everything I presented is true and correct and adopted as

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your own testimony? Yes, it's always correct. Thank you. Hi, questions from the board? No,

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All right, questions from the board?

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No, Mr. Chairman.

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Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no further answer, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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The comprehensive plan recommends a zoning map amendment in this location, actually, from the CMX2 to RM1 multifamily zoning.

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um this proposed use conforms to the recommended zoning district and so the city planning commission

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recommends that the board grant the variance thank you mi 2022 002 179 2360 north 6th street

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i vote yes carol tennery my vote is yes ishmael shaheed my vote is yes thank you council thank you

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number 14 mi 2021 004 059 3301 princeton avenue bern anastasio um

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rco meeting no letter that we have as of yet

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sir anastasio will be coming back as a panel sir

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morning mr chair good morning you've already been sworn just state your name please

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yes sir verne anastasio a-n-a-s-t-a-s-i-o i'm representing the owner jessica yun lee

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okay thank you our vice chair has a few questions i do agree to wave the reading of the refusal and

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stipulate to its accuracy i do have you emailed the exhibit packet with proof of ownership tax

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compliance refusal or referral voters under plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter everything um yes to uh they did

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The RCO did send a letter last night. I was copied on a letter that was sent to the Zoning Board of non-opposition or non-position.

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Okay, you may proceed. And please, okay, it's already up. Thank you.

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Thank you. 3301 Princeton Avenue. This is an application for the legalization of a pre-existing use to family dwelling.

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We have plants here drawn by my clients.

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The first floor is a 616-square-foot, one-bedroom apartment.

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And then the second and third floors are one unit, three bedrooms.

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This has historically been two units.

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The first floor being commercial space was the last use with a three-bedroom apartment above.

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that commercial space has been vacant for quite some time there are two separate entrances one

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on the side and one on the front the first floor has already been outfitted as a living space

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although my client has maintained it vacant until unless or until we get this zoning use approved

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It has two electric meters in addition to the two entrances. It also has two water heaters,

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one for each unit. Here's proof of posting. We did attempt to meet with the RCO twice. Here's

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one letter that went out. Here's the second. Here's proof of

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mailing to 146 individual households. At each of the

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meetings, they were unable to form what they called a quorum.

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So they did, in fact, send a letter just yesterday stating

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no, no position, non-opposition. And with that, I'm going to

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have my client, Jessica Young Lee, raise her hand and be

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recognized. He's been allowed to speak, sir. Hi, could you state your name, please,

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and it's spelled for the court reporter? Can you hear me? Yes. Jessica Young Lee,

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J-E-S-S-I-C-A-Y-U-N-L-I. Right. Do you swear for him to tell the truth, the whole truth,

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nothing but the truth yes you see counsel thank you thank you jessica did you hear my

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presentation to the board this morning yes is it true and accurate to the best of your knowledge

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yes and you adopt it as your own testimony yes thank you mr chair because this is a commercial

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Thank you, Mr. Chair, because this is a corner property with a long history of historical use as two separate units, because the current commercial atmosphere does not make commercial activity viable on that first floor, and the physical nature of the first floor is now laid out as residential, not done by my client, and because they have two electric meters, two water tanks, we respectfully request the granting of the variance.

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A CORNER PROPERTY WITH A LARGE

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Thank you.

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Questions from the board?

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