civus
Hearing video

ZBA Hearing - May 1, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 1, 20245h 10m

standards. And we're just asking to use it the way that it has been constructed. We do think that

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this is a minimum variance necessary. I will have Dan Housing come in and talk about the financial

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ramifications of why it's really impractical to provide this sort of insurance housing in a

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single-family unit, but also we're only asking for one additional unit than

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what's allowed by right, and it is a common use on the surrounding blocks and in the surrounding

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And it is a common use on the surrounding blocks and in the surrounding area.

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There is a variance that is flagged for parking.

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So I'm just going to go over to, let me zoom back out.

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And then we're going to go to the aerial photos.

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One second.

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As you can see, this is our lot here.

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There is no physical room for parking at this location,

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Nor is there any room for parking along off-street parking in any of the RSA 3 zoned houses over here. And so all of these multifamily housing that already exist do not have off-street parking either. And there is no place to put one based on the physical dimensions of this property and the existing structure.

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Um, we did, uh, we did meet with the Northwood Civic Association back in February.

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I think, let me just get to the letter.

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Okay.

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So, um, yes, we had, we had a meeting, um, we had sent out 109 notification letters.

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There were seven members who were, I believe, the direct neighbors, and then there were 17 total members there from the community in general.

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um the letter of opposition that was submitted uh if you look at the bottom here it says

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the primary reason for the opposition is the need to preserve the long-standing

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almost totally single-family household zoning of northwood in order to maintain the integrity of

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the neighborhood i think we've demonstrated that that is not the case uh we do not have a

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almost exclusively single-family household neighborhood we have a very mixed neighborhood

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And most importantly, we have the adjacent twin with the same use as we are proposing here.

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And there are other houses on the block that are three units or more, up to nine units in the immediate vicinity.

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And that is in addition to across the street being the large high school that is also on a single family zoning parcel.

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The other reason cited was the city code violations. And again, this was, as I explained, there was a permit issued for the work that was probably improperly issued, but it was issued and it was built according to the permit.

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So I would argue that if we don't otherwise qualify under the standard metrics of variances, that this should be approved under the idea of either a variance by estoppel or a variance due to the vested rights of the property owner based on the issuance of this permit.

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Like I said, Ellen, I approved the building plan showing these two residential units, issued the building permit, allowed construction to take place, approved many of the steps and only after much, much time and much money had been spent on this project, flagged it as an issue.

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The owners had relied on this building permit to, you know, in expending this money, and a denial of the variance at this point would create an undue hardship, as we would have to undo all the improvements that had been made to use this as a two-family dwelling.

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I would also say that there's no adverse impact on the community, as this is already a pretty pervasive use in the community and the addition of one unit in a mixed multifamily, mixed use, single family neighborhood is not going to have a significant impact, detrimental impact on the nature of the neighborhood, congestion, resources, anything like that.

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And again, the people that will be living in these units are already from the area. They are from the community. They are displaced homeowners. So with that, again, counsel, counsel, explain to me number three.

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so this is this is the rezoning the area was rezoned at some point

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um in 2017 uh but that doesn't change the fact that we are adjacent to a two-unit building

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and a commercial mixed-use building um you know i understand the rezoning but this is not a block

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where we're preserving single family use.

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This is a block that is very much a mix

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of single and multifamily housing.

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And so with that, I would like to call

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And so with that, I would like to call Leo Rosinski from Dan Housing to kind of tell us more about the insurance, you know, this business, because I don't think we have this every day that this is the type of housing that we're looking to provide that's, you know, not typical rental, but also not a short term transient rental either.

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So if Leo, if you could raise your hand so that they can unmute you or allow you to be unmuted.

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Leo Rosensky has been unmuted and allowed to speak.

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Sir, could you please state your name and spell for the court stenographer?

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Hi, good afternoon. My name is Leo Rosensky. My name is spelled L-E-O.

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My last name is spelled Rosensky, R-Y-Z-H-I-N-S-K-Y.

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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.

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Please proceed, counsel.

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So, Leo, you work for Dan Housing, correct?

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Yes, that is correct.

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And you heard me explain a little bit about the type of housing you provide, but do you want to just add to that, maybe explain it in your own words as well?

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Yes. So our primary function as den housing is to provide short to medium term housing for families that are displaced in predominantly in the city of Philadelphia, but also statewide and providing housing solutions for people that no longer have access to their home, despite being homeowners and having to have key strategic houses in all neighborhoods,

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ranging from Mayfair to Toursdale all the way to West Philly,

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it's very vital to accommodate as much families as possible

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when a tragic event might happen by being displaced by a fire

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or an inclement event, leading us to provide more solutions

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of having more units available for more families

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of different sizes and shapes in different key areas.

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And you operate many of these houses throughout the city, correct? This isn't your first or only property, right?

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No, our combined portfolio ranges from maybe, you know, just shooting out there to be 75, 80 properties of different sizes of three bedroom, four bedroom, all the way to efficiencies and studios all around the Philadelphia area.

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And the size of the units that are rented out to or provided to these homeowners is based on the homes that they were previously in, correct?

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Correct. Yes, it's going to look a little bit similar to their previous living situation, which predominantly looked like two bedroom to three bedroom row homes as well as just normal apartments.

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Okay. And so can you explain, I guess, the reason that it's not an economically viable option to use this home as a single family for this insurance purpose? Can you explain that to the board? I understand it has to do with insurance approvals and amount of coverage rate and kind of length of stay. But if you could explain that, that would be great.

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Right. So we wanted to designate 1240 Harrison. It is as much square footage to provide it as six bedrooms. If it's a previous iteration as a single family dwelling, it would have been a six-family dwelling, which economically for insurance companies and adjusters just isn't economically feasible and financially in their best interest to provide that.

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But divvying it up into a two-unit dwelling would provide more economies of scale for multiple families to utilize the property as well as be advantageous to our job and dealings to accommodate as much families as we possibly can within the neighborhood or other adjacent neighborhoods.

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And if you did have a building that was a higher rental rate, they would run out of funding from their insurance company possibly before their houses were repaired, correct?

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Correct. We basically send over a stated rate. Everything is paid from their policy limit, which the actual thing that pays out for their stay while their house is being restored is called additional living expenses.

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So something where that would be approved for a short term would run out much faster if it was stated for a single family dwelling or the six bedroom that we had discussed.

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And if it was and if it does run out, then then these homeowners might not have their home to go back to and they might not have enough.

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They don't have funding for another residence either. Correct.

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Yeah, we basically try and find ways to accommodate them past that. And we have many other homes and opportunities, but they're not usually so closely located next to their lost location. So they're kind of having to have their lives jumbled after a tragic event, which makes.

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So they're kind of having to have their lives jumbled after a tragic event, which makes life difficult for them as well as difficult for us because we're not able to continue renting to these families and helping them out.

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And if there isn't local housing available, do these families sometimes wind up in a hotel or like long-term stay hotel instead and possibly in a different area of the city?

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Predominantly, they're kind of outskirted to other areas.

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They're, you know, exercising any options they have available to them, which in dire circumstances really isn't immediately available.

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So it really becomes a push and shove situation where anything can go.

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Our main policy is to accommodate them to the best of our ability to work with whatever parties are included, which means the insurance company themselves, the insurance adjusters associated with the case.

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Um, because ultimately we are trying to get these families as well as policyholders back into their original dwelling, um, with as much, uh, undue stress as possible, despite the, the situation.

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Okay. Um, and then, uh, obviously this is part of your, uh, management portfolio.

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would you say that based on your your knowledge of need in this area is this type of housing

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needed in this community and in this area or is there already plenty of emergency housing for

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these sort of homeowners I mean you can say that the it's very compulsive compulsory that this

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housing be instituted in area in key strategic areas I mean it's something where there's a limit

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of it i mean how many hotels or short-term stays in northwood i would argue that there's not you

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know any besides um what our um suggested solution is to offer so it is something that is of need and

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is not a nuisance to the neighborhood if anything is um giving aiding to the the general character

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of the neighborhood and as well as as helping out uh local people from the neighborhood as well

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Great. And I think that's all my questions. So you also heard my testimony here today. Would you believe it to be truthful and accurate?

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Yes, I do.

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And would you adopt it as your own?

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Absolutely. Yes, I do.

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Thank you.

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So just to be sure. So the property is owned by Office Spot LLC and Leo is with someone else?

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he is with dan housing who manages the property so there's a contract between the owner and dan

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housing right thank you to provide the services right all right questions from the board no chair

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no chair questions or comments from our attorney hillary emerson

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

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chair we have calvin williams with his hand up they have been abuted and allowed to speak

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

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calvin williams c-a-l-v-i-n-w-i-l-l-i-a-m-s right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth yes mr williams are you a neighbor uh no i am a

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concerned citizen about this particular kind of development. All right, please proceed, sir.

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Okay, we have a similar situation after a major fire on our block last year that displaced two

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our treasured homeowners. We are also a single family zoned block that's been before you before,

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And I am certainly aware of the need of being displaced folks after fires and insurance.

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One of our neighbors are already using on our block a single family home that's for rent and serving the same purpose as their house is being redone.

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I'm trying to figure out what is the difference between an Airbnb and what is being proposed here on a single family zoning neighborhood block.

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And what is the hardship that it could not be converted back to a single family dwelling and serve the same purposes that is being proposed?

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Thank you.

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Thank you.

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If I could just address the Airbnb, this is actually.

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Council, what do we do?

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Let's see if there's anybody else in the virtual audience first, okay?

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And then I'll go back to you, okay?

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Is there anyone else in the virtual audience?

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I see no hands at this time, Chair.

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Proceed, Council.

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Sure.

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This is in the short-term stay.

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These are people whose home have been significantly damaged.

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We're looking at, you know, staying for a year, maybe even more, while homes are repaired.

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We're looking at, you know, staying for a year, maybe even more while homes are repaired.

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And I think this board is well aware of how long it can take, even without dealing with the insurance claims to make major renovations on a property in Philadelphia.

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And when you add in getting the insurance adjusters set, it could be even longer.

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This isn't a short term rental.

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Thank you.

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Planning Commission.

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this is uh excuse me this is ron bednar city planning first name ron r-o-n last name bednar

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b-e-d-n-a-r you swear or affirm to tell the truth the whole truth nothing but the truth

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i do please proceed sir uh this property is indicated for residential use on the city plan

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the approved remapping recommended no change the existing uh single family zoning at this location

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The applicant's hardship is not supported

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with evidence of any physical circumstances

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or condition of the property

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that would prevent it from being used

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in conformity with the code.

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Proposal represents an overuse.

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Therefore, we recommend the request for variance

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not be granted.

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Thank you.

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Counsel, I'm going to hold this one.

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I'm going to take it back to the executive session

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and talk to the other board members

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about some of the issues involved in this case.

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Understood.

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I'll bring that back next.

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Wednesday at 2 p.m. Does that sound right, Hillary? Yes, Mr. Chair. We'll vote on that next Wednesday

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at 2 p.m. Thank you very much. The record is otherwise closed. It's definitely closed. Thank

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you. Thank you. Have a wonderful day. Number six, MI 2023-006-950-536 Montrose Street.

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Vern Anastasio is the attorney.

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There's a letter of support from the Queen Village Neighbors Association.

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

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Counsel, we've had several conversations today.

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Just for the record, state your name.

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Good afternoon, Mr. Chair.

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Vern Anastasio.

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On behalf of Irene Foma, who is the property owner.

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And our vice chair has just a few questions for you.

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Thank you.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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Good afternoon.

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Yes, I do.

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I'll be able to email all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing.

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Yes.

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Thank you, counsel.

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Please proceed.

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Thank you.

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Mr. Chair and members of the board, we're talking about 536 Montrose Street. I want to start with

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property history. As the entire property history is being moved into evidence today in my 80-page

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exhibit package, it's quite clear that over the last several decades, this has been two

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single family homes on one lot. And before that, it was actually a single family home and a

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luncheonette. We find very similar situations in Queen Village where the main house on the deed,

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as in this particular case, faces Montrose Street, the main street. And then there's a

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breezeway on the side where there's a second house that's attached to the main on a breezeway. And

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and that's what we have here, and it's been that way for generations. As a result of the long

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history that's not only documented in my package, but in the letter from Queen Village Neighbors

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Association, they offer unconditional support for the granting of this variance because of

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the very long history and how just impracticable it would be to do anything other than to legalize

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the pre-existing non-conforming use. I'm going to move into evidence, the refusal, the appeal,

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the floor plan, which I'll go over shortly, photos of the property, the RCO notification letter and

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the proof of mailing, the zoning poster and the proof of posting, the archives that I've already

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referred to, the results letter, which is the letter of support, the deed, tax clearance, and

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then the zoning map and overhead views in addition to what i am submitting today uh councilman

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squilla's office has sent over to you copied me a letter of support as well for this appeal

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and that should have been received uh several days ago uh after i spoke to them so with that

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i also want to show you the refusal itself again it's for the legalization of a

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pre-existing, non-conforming to family household living in an existing structure.

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Living in an existing structure.

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Here's the layout as it currently exists.

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We've got the first floor.

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We have two entrances, two separate buildings, just ostensibly, two separate units.

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First, second, and third floors.

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As you can see, here's Montrose Street.

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Here's the alley.

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and these are the two properties that are conjoined.

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Here's another way to look at the properties as you can see them.

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Already showed you the history, and now let's show you some photos.

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This is the Montrose Street facing portion of the duplex,

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And then down this breezeway, you get to the second one.

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