civus
Hearing video

ZBA Hearing - October 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20224h 18m

family household living there are two use refusals in the case of attached buildings

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stairs from the ground level to the deck are prohibited and two the vertical where whereas

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the vertical supports of a deck must be 18 inches from the lot lines but three of the vertical

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supports are not compliant they are each 13 inches 10 inches four and a half inches respectively from

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10 inches, 4 1⁄2 inches, respectively, from the side lot line.

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on the sideline.

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So you may proceed and begin sharing your screen.

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Thank you.

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So first, I'd just like to explain that my husband and I helped our daughter buy this

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house um last year in june june 21 and um it's uh located about 10 houses down from henry avenue

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at the top of the hill this is the reservoir in east falls um this uh zoning uh image from the

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zoning from the assessor's uh rather um web page shows uh it has a front yard it's a row house

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and it has a a backyard that is on a private alley and um when uh we bought this house we

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knew we wanted to renovate the kitchen so that's what spurred this project we wanted to help our

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daughter renovate this kitchen so here's a front yard view of the house um here's the view from

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the alley um showing the existing deck with the non-conforming columns a parking space under the

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deck and the garage door and then there's a back door here and I have some better photos are these

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all um can you see the whole screen we're good we're fine okay um so here's a plan of what um

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we're proposing to do the yellow is the renovation of the kitchen and then we wanted to add a small

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addition here which is basically under the bedroom bay and over the garage so it's within the

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footprint of the existing building and then on the existing deck we wanted to cut out a portion

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and add a stair down to grade. This shows the stair footprint at the grade, shows the driveway,

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the back door and the garage so here's a better photo of of the um where the parking space would

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be this is the neighbor's car uh and the deck existing deck could you could you show them that

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where the stairs would be um it would be cut out of the floor of the deck here oh i see okay would

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start lined up with the edge of the deck and go up okay all right later I have a rendering that

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shows this okay thank you and so when we applied for the permit we found out that the deck probably

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wasn't applied but didn't have a permit when it was built um and the so the previous owner built

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it without a permit and the columns were too close to the property line but we think they've

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been there since the 1990s. We don't know for sure. So here's a view under the deck where the

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stair would be and showing one of the other columns. So this is up at the deck level and

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this area is the part we want to fill in. We want to break out through this wall, line it up with

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this wall and so here you can see the bedroom bay above and the garage falls under this wall.

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Interior view of the kitchen. This is the basement stair up to the kitchen which is

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very steep and we consider it dangerous. Me and Zoe's father really are very uncomfortable using

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this stair. Here's a floor plan of what the project will look like when it's done with the

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new stair and landing. This part is the addition. This is the existing vestibule, but it's going to

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be essentially rebuilt with a door and a window. And this is the existing brick wall that has to

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be modified to open it up. Here's a rendering showing the new stair in this turquoise blue

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color and the three columns that are non-conforming. Here's another view showing that you will be

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able to walk under the stair to the to the parking space. In this diagram I've numbered

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the columns so you know which is which in the following photographs. So number three and four

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and five are the steel columns that we're asking for a variance for. And so starting with number

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three, it's 10 inches from the property line. And you can see this is the neighbor's property.

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um it's 10 inches from the property line and you can see this is the neighbor's property and they

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have a column and a deck there too and then uh column number four is 13 inches from the property

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line and then column number five is four and a half inches and this one is the most inboard one

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you know and is least you know susceptible to being hit by anything like a car

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um so again here's another view column number five and i just want to point out column number

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one and two are wooden columns that we are replacing with new footings um and adding a

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beam to support um before um we assume that before the seller put this house on the market

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She added those columns and we want to properly, you know, have them supported.

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This is a view from the alley, from the deck looking east up towards the reservoir.

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So this is our deck. This is the neighbor's deck.

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And this is the view in the other direction.

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Our deck is this corner. There's one house that doesn't have a deck.

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and then this is the the next property has a deck here's a view straight on you can see

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these um three houses have a deck this is ours in the middle and um oh and so um my daughter's

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here she's the occupant of this house and i wondered whether she could also speak

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um i i think you've made a you you presented the case i i you know i'm not sure what was

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she could she could add right now okay well she took this these following photographs i just want

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that i just wanted to finish the presentation where's this steps there this is um these these

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are photographs of neighbors with death showing that it's common neighborhood and so we added

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those just to show you that you know other people have these stairs and then this is my letter from

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the um the rco um hillary langer just uh no op no non-opposition and then both of our immediately

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adjacent neighbors wrote letters of support for this project and i um added that to the presentation

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and okay that's what i wanted to present and i have all the other documents i i noticed that

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the attorneys you know presented the refusal and the letter we're fine we we have copies of all

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that okay all right questions from the board no mr chairman no mr chairman no mr chairman

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questions or comments from the virtual audience

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mr chair we have a miss joey mender baptie with her hand raised i have allowed her to speak at

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this time sure hi could you state your name and spell for the court reporter please good morning

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my name is zoe linder bapty first name z-o-e last name is hyphenated the first part is l-i-n-d-e-r

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second part is bapty b-a-p-t-i-e um i'm the hold on one minute do you swear for him to tell the

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truth the whole truth nothing but the truth i do proceed thank you um i'm the owner occupant of

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house my parents are my mother is presenting the appeal and um thank you for the opportunity to

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go through what we're asking for obviously i uh support the request for variants okay thank you

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um and i just wanted to say it's the project is really a kitchen renovation project and we're

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just trying to make everything else in the house legal and conforming with the request for variant

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all right well well thank you very much for calling in we appreciate that yeah anyone else

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from the virtual audience?

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Mr. Hillary Langer

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has her hand raised.

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I have allowed her to speak at the time.

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Could you state your name

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and spell for the court reporter, please?

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Hillary Langer.

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H-I-L-A-R-Y

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L-A-N-G-E-R.

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Do you swear for him to tell the truth,

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the whole truth, and nothing but the truth?

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I do. Proceed, Mr. Langer.

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I'm chair of the East Falls

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Community Council Zoning Committee. We had our meeting and I would like to state that

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absolutely as an RCO we are in support of legalization and improvements to properties

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such as this deck but as to the specific nature of the refusals such as the proximity of foundation

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uh to a property line that we don't feel that's our purview uh so we are uh this is why in our

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non-opposition we're referring the refusals to your decision okay thank you very much

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referring the refusals to your decision okay thank you very much for calling in mr langer

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okay planning commission

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thank you chair sarah bond for the philadelphia city planning commission

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the proposed dimensional variance for the columns is minimal and does not conflict with the purpose

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and spirit of the zoning code the proposed variance for the stairs from the deck to the

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ground floor although prohibited with attached buildings is consistent with nearby properties

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the city planning commission recommends the board grant the variance thank you very much

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mi 2022 003 142 33 18 bowman street i vote yes harold tenary my vote is yes thomas holliman

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my vote is yes james snell my vote is yes

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thank you thank you thank you thank you for okay um my let's see here 18 is a continuance

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Right. So, My19, MI2022-001-994-2547 South Broad Street. Victoria Scarpato is the owner. Leonard Ruger will be on for the city.

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This is an L&I appeal.

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Ms. Scarpato has joined in as a panelist.

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Mr. Rorder will be joining in shortly.

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Ms. Scarpato?

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Yes.

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

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Victoria Scarpato.

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it's v-i-c-t-o-r-i-a s-c-a-r-p-a-t-o right um and you're the owner of the property

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yes okay and i have my brother here he's the one that maintains the property for me

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right so you're the only one can testify so do you swear or affirm to tell the truth the whole

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truth nothing but the truth yes and mr reuter could you state your name and spell for the

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court reporter please sure of course uh may it please the board leonard freuder that's r-e-u-t-e-r

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senior attorney for the city of philadelphia right do you swear a firm to tell the truth

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the whole truth and nothing but the truth i do thank you sir so this is an appeal for an l&i

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decision uh this is an appeal from a uh a zoning violation that was issued to the property there

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There was a single notice of violation that included several violations were indicated.

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One of them was a zoning violation that was appealed here.

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The other violations are still pending at the Board of L&I Review.

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Okay.

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So we'll have Ms. Scarpetta speak first.

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Is that okay?

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It's, you know, it's up to you.

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I think with the violation appeal, unlike an appeal against L&I, you know, involving

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the issuance of a permit uh this is a straightforward violation i think i can just

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simply represent okay what the issue is so um upon inspection of the and i do apologize an inspector

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was unable to appear this morning however i as attorney for the city i can represent um what

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happened here sure and also i proposed a resolution um so upon inspection of the property uh back in

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i think february uh the it was determined that the use had changed the use of the property had

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changed so that this is a cmx2 property that's located at the intersection of south broad street

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and chunk and as a cmx2 property it's required to have first floor commercial use or non-residential

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use which it does in this case i think there's a medical office on the first floor and they are

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permitted to have residential units on the upper floors. I believe it's a three-story building.

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So per the code, CMX2 property can have one residential unit per 480 square feet of lot size.

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Their current zoning permit is for first floor for the doctor's office or medical office and

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for two units upstairs so the inspector determined that there were now three units upstairs they

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didn't have permits for that that was uh in addition to that um zoning being a violation

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of their existing zoning permit that triggered other violations and ultimately and again this

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would be dealt with by the board of l and i review but ultimately those uh if they want to keep the

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third unit they will be required to get a new certificate of occupancy and go through a lot of

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be required to get a new certificate of occupancy and go through a lot of other things, such as

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other things such

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probably having to sprinklerize the building and so on and so forth. Those are not zoning issues

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at this time. So the only issue before this board is they went from two residential units to three

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residential units. But the fact is, this is a 1600 square foot lot. So they can get, they should be

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able again i'm not a plans examiner it would have to go through l and i but they should be able to

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apply for and obtain uh a third unit uh a third residential unit for the upstairs by right so i'm

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not really sure why i mean we would be willing to uh we would ask the board to have this this

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appeal mark city affirmed and we'd be happy to give them an additional 90 days to obtain the

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zoning permit now again i just want to let ms scarpato know that the mere fact that she gets

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she can get the zoning permit probably by right again there may be some other factors i can't but

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they certainly should apply for it um because i don't think there's any dispute uh that there

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were some alterations made to add a third unit um and again they could decide to get rid of that

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unit which would require probably new building permits to remove uh the work that was done

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but that's that but but anyway so she can either remove the third unit uh again which would require

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Some wouldn't require a new zoning permit, but it would require building permits to, you know, remove the kitchen or bathroom or whatever else was added for the third unit.

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Or she can try to legalize the third unit, which she should be able to at least start that process by getting a buy.

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I believe she should be able to get a buy right new use permit to add the third unit.

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So, so Miss Carpenter, did you hear that?

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yes but that that has been three apartments every since the last 50 years it's never changed

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it's always been like that yeah but i think what he's saying is you got to go down and get it you

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get a permit right leonard i mean that's yeah the the only the the last zoning permits that we have

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on file just show that it was two unit two there was one again the first floor commercial um and

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then uh the two units upstairs so again it's it's i mean i know you'd have to pay the 125 bucks or

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whatever it is for a resident for actually because it's a rental probably you need this would be a

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200 permit but again it should be uh considered by right um the only thing i think is that you

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may have to submit uh the floor plan which would demonstrate you know um to make sure that there's

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enough space for the third unit and everything like that but again the the use for the third

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permit again for 1600 square foot property she should be able to get three residential units by

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right is that okay mrs scarpata yeah i guess so that that originally was two buildings though

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made into one okay so but i think what we have to deal with what we have now okay so

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So what do I have to do exactly? Could you tell me?

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Leonard?

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Yeah. I mean, again, I think, again, we have to be careful.

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I can't give her legal advice, but I know.

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I know. But I think what he's saying is you've got to go to L&I.

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Why for a use for the third apartment?

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You're just applying for a new zoning permit for, you know,

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existing unit existing uses to remain addition you know and adding one additional uh residential

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unit now again i'm not absolutely saying that this would be by right but no i understand they're

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pretty sure it is and then if that's denied or refused then you can come back to the zoning board

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for that so uh but again and it doesn't address the other violations which is which will still

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have to be addressed so hillary most of them are done hillary yes yes our move today is to appeal

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granted yes we're if we are affirming um the the city's issuance of the violation it is um it is

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appeal granted yeah i'm sorry i i'm not sure i it should be so it's an appeal from a violation so

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like at the board of l and i review it would be marked city of city oh i'm sorry you're right

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city affirmed uh with right 90 day stay of enforcement okay yeah i'm sorry i did have it

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backwards it actually would be it actually would be appeal denied if we're if we're affirming i'm

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sorry thank you leonard all right good but but again with the with the 90 day stay of enforcement

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okay we can we can do that that's fine so we'll just say appeal denied with 90 day stay of

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enforcement right to give her time to make the application mi 2022 001 994 2547 south broad

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Street. Appeal denied, 90-day stay of enforcement. Carol Tenere, city affirmed, 90-day stay of

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