civus
Hearing video

ZBA Hearing - June 3, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 3, 20266h 30m

i-n-e last name is spelled h-a-w-e-s do you swear or affirm to tell the truth the whole truth

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nothing but the truth i affirm okay are you in favor of this project or against i am against

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this project hold on and the question would be could you tell me anything other than what's

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been heard so far? So let me add a little texture to this block. We advocated long and hard

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to reduce the density because there were so many properties that almost were three units,

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as the lawyer has spoken about, but they were never licensed for such. And we still have them.

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so some are legal some are probably not okay but the basement issue and most of us on this block

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know that we have water we sit right on top of mill creek okay the basements are not used for

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living quarters they're used for storing things you you won't be concerned with if they get wet

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so we have a water issue and the water department knows that and you can look at the water the

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floodplains, et cetera. So that's a big issue on this block when it comes to anyone thinking

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of having living quarters in that block. So that is my contribution.

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All right. Well, thank you very much for your time. Next person, please. Do you have

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any questions about that? No, next person. Bruce, who has been allowed to speak?

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next question next person hi uh robert bruce hill first name r-o-b-e-r-t middle name bruce b-r-u-c-e

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last name h-i-l-l all right do you swear or affirm to tell the truth sir nothing but the truth

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yes i affirm are you a neighbor uh i am a neighbor and i'm also the war leader and rco coordinator

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are you um are you in favor of this or against uh so uh based on the results of the vote of the

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community um we were in favor only with the modifications that were also submitted in the

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meeting summary the provisos that you sent us yes and that would be only with the two unit maximum

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um there would be no living space in the basement as well as there would be no roof access or roof

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structure that would be added to the property. We have your document here, sir. Okay. All right.

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And I just also just want to, you know, to just note one of the things that the community has

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been very emphatic about, you know, not being opposed to development, but density is a problem.

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If you ride through the neighborhood after 6 p.m., there's essentially no parking for neighbors

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anywhere. That was also thoroughly discussed with the developer. And, you know, while we understand

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with you want to go and get the maximum for your investment however ultimately it is you know should

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be for the benefit of the community and nothing beyond two units um you know uh would be appropriate

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based on the community thank you very much for taking the calls do you have any questions

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next hand please sure i currently have two hands remaining stephen fields has been allowed sure

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good morning everyone good morning could you please state your name is bell for the stenographer

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good morning could you please state your name is bell for this stenographer my name is steven s-t-e-p-h-e-n

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my name is steven s

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last name fields f as in frank i-e-l-d-s do you swear or affirm to tell the truth told truth

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nothing but the truth i do um are you a neighbor yes all right are you for this or against against

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all right uh we've had a great deal of testimony so far uh is there anything at all you can think

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of that was not been brought up um i don't know if we discussed uh the actual occupancy rate

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at that unit across the street from me it's directly across the street from me i'm at 32

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north 50th street that number is 31. right that unit had has always had uh three units in it

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never four okay all right and i don't know i think there was an illegally

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uh marketed as a uh a four unit it was never a four unit all right thank you do you have any

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questions next hand please last hand dion walton has been allowed to speak hi sir could you please

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state your name is spelled for the stenographer d-i-o-n-n-e

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last name w-a-l-t-o-n right do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do are you and i'm not i am not i'm the owner of 29 north the former owner

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of 31 okay so hold on hold on hold on hold on one minute are you in favor of this project or against

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i oppose i'm against all right is there anything you could tell us and we've heard

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from at least four or five people is there anything different you can tell us

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i concur with all of my neighbors well thank you very much for doing that we appreciate that

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is that the last hand yes chair hillary you want to make a quick no not hillary i'm sorry hillary

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Let me go here. You want to make a quick comment? Yeah, just I apologize to the first gentleman if there was some misunderstanding. During the RCO meeting, we discussed that Sarge would be more than happy to remove a roof deck, and that was what was presented in front of the board today.

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In terms of the history of the property, I mean, this is not a case where there's some ambiguity. Not only do the zoning permits establish that it was four units, but there were rental licenses from 1998 maintained all the way up to at least 2012 for four units.

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so i mean listen i i can't i i wasn't there i can't confirm i don't know that serge could confirm

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what was physically in the property but based on the actual documented history here it's it by no

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means are we misrepresenting what was at the property um and then serge i think you wanted to

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to address one quick thing uh quick remarks i mean like if it's two units it would make sense

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want to get closer yeah yeah but the two units it would make sense to build a two-story building

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because the layout of the building so big and we're going to be able to fit to a nice apartment

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size in a two-story building there is no economical sense to build three-story building this way it

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will kind of not going to match and not respect the neighbor building uh plus by right we we we

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need to build a garage which technically will fulfill uh the request of the neighbors but

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at the end of the day it's going to destroy the block itself it's not going to look nice

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what i'm trying to say and if the garage will not be built the so from the market marketability

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a two unit with a garage is always better than two units without the garage so if we

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needs to build two units it's going to be two units with a garage if it makes sense

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thank you um Hillary comments wait a minute was it was 29 to the right or to the left on that

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elevation 29 would be is that to the right or was it the attached house or was it to the left

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to the left so it's the one to the right so it's the attached problem correct which is a which is

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a is a legal three unit and just another quick note for the board just so you understand how

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i prepare these maps i do not indicate any density for multi-family unless it has a documented zoning

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history or rental license so i do not go based on mailboxes where it might be an illegal unit i go

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based on what can actually be verified okay so just for a note hillary i'm gonna get nothing

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nothing more from you okay leaning

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thank you chair and good morning David Fecto with the city planning commission

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thank you chair and good morning david fechter with the city

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chairman and board members the comprehensive plan recommends no change to the rta2 residential

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two-family semi-detached zoning at this location the city rezoned this neighborhood in 1976

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in a council supported map change this is a 2500 square foot lot no different in size with their

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depth than any of the other lots on this block face this block face has a mix of single family

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homes duplexes and triplexes and front-loaded parking is not a common condition the city

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planning commission recommends that the board grant the proposed use variance for multi-family

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dwellings but limit the unit count to three and grant the requested parking and dimensional

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variances um so we appreciate your presentation uh we also appreciate the uh the wide interest

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from the community on this what we want to do is take this back to executive session next wednesday

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and we will vote at 9 30 a.m and really thank you for your presentation and thank you for the

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community okay of course thank you very much

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number 10

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mi 2025 007 527 9708 del queda street

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Joseph Vaccaro is the attorney.

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Mr. Vaccaro.

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Joseph Vaccaro has been aided as a penalist.

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Good morning.

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Good morning, counsel.

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Could you please state your name as spelled for the stenographer?

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Good morning.

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My name is Joseph Vaccaro, V-A-C-C-A-R-O.

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On behalf of the applicant, I do swear or affirm to tell the truth, the whole truth

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and nothing but the truth yes i do mr vicario could you identify your client in the relationship

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to this property certainly my client is a limited liability company named cocar properties llc

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and we have wasin cocar who is on the zoom okay our vice chair has a few questions

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good morning have you submitted your documents and exhibits five days in advance of this hearing

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Yes, I did, and they were supplemented this morning. This morning I had supplemented

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four letters from near neighbors, which I'm going to be addressing during my presentation. These are

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four additional letters of support. And then I noticed that my plans were cut off in the original

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exhibit packet, so I re-uploaded the plans. Okay, all right, thank you for that. And you have

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several refusals, so do you waive the reading of these refusals and stipulate to their accuracy?

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Yes, I do.

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All right.

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Thank you.

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You can share your screen and proceed with your case.

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Thank you very much.

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If I may share my screen.

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okay can you see what appears to be a google map screen we do sir okay very good so i may begin

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then. If I just may expand this, 9708 is a single family home. Although Wasim and his wife, Nancy,

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they own it through their corporation, Co-Car Properties, this is their home. Wasim, who is in

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on the Zoom, as well as his wife, Nancy, have owned the property together for many, many years.

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although back in April 2nd of 2024 Nancy, his wife, who owned the property in her

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individual capacity, she had placed the property into their LLC. They live on the

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property with Wasim's mother, who is an elderly lady, as well as their two

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children who are teenagers. The property is located in the far Northeast of Philadelphia

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and I'm showing you on page 34 of my exhibit packet the pinpoint of where the home is on

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Dedeker Street. It's one of those loop blocks so you have Dedeker Street on the front, the

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home and the area in question, my cursor is floating through.

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And the area in question, my cursor, is floating through that area on the rear.

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If you see the pool, the pool has been removed.

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There is a shed on the rear left corner of the property.

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That shed was already there.

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And we're here to legalize the gazebo and another shed, which is over the area where my cursor is floating.

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Here's a view of the property from the City's Atlas site, and I can start showing you the photographs of the property with the gazebo and shed in question that we're trying to legalize, and then I'll go to the plans.

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See over here, these are the plans that I initially uploaded here, but then they got cut off on the left side, so I'll be showing you the plans shortly.

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Here are some photographs of the home. This is the

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front of the home, and these are the two sheds. As I stated,

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this is where the pool is, where the grass is bald,

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so the pool's been removed. This shed was originally there, the gazebo,

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as well as the shed that we're trying to legalize.

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showing you some this is the shed that was already there another view of the

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gazebo with the shed and the shed that we're trying to legalize does sit on a

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concrete pad it has a door so that you may enter storage that that would be

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the purpose of the shed that is the purpose of the shed it's just it's the

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store household items that they're not using. Over here it's mostly Christmas

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decorations at this point. Other views of the inside.

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This is the rear of the shed abutting the property line. So this home would be on

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Fulmer Street which is the the property to the rear of my client's property. I

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believe that home is owned by Salvatore Donio at 9715 Fulmer and we have a

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letter of support from him which I could show you shortly. Here's another view of

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the rear. This is the existing shed or the original shed that was on the

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property. Another view of the rear of the shed that we're trying to legalize.

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This is a photo of the rear of the house.

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I believe that's the garage on the right side with the brick,

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the main part of the house, and then he has a patio on the side.

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Counsel, was this an L&I issue?

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There was an L&I issue, yes. My client, by way of background, my client,

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And he didn't know, he didn't realize that he needed to get permits and to get the permits to build this shed. The shed was built in the middle, spring, summer of 2025. And then El and I found out about it and were trying to legalize it.

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The city also, through LNI and through the solicitor's office, they sent my client to a municipal court.

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We've had one meeting, I've spoken with counsel for the city, and we've relisted that matter until next week.

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Pending further consultations after what happens after these proceedings in front of the zoning board today.

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Again, here's the view from the city's Atlas website. And there are some other properties

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with respect to the two foot eight inch setback and the city's requirement for a 25 foot setback

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from the rear property line. We note that 97.11 Fulmer, 9709 Fulmer, as well as 9704 Dedeker

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and 9702 Dedeker, I'm showing you on the Google map, you know, they all have sheds that are a lot

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closer than the 25 feet from their rear property line. With respect to the balance of the

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exhibit packet, we had a meeting with the RCO last week. Mr. O'Hara of Greater Busselton,

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He was able to send me an email. I still don't have a formal letter or formal meeting summary, but it's 22 support.

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letter or formal meeting summary, but it's 22 support and three opposed.

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And let's see here, photos of the posting. Here you go. The property was posted and zero tax

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balance if i could stop sharing this

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i'll go to the four letters of support from the immediate neighbors

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i also just have a curiosity the first shed wasn't enough

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well he also has a mother uh he also has a mother-in-law that comes up from virginia

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and she stays for extended periods of time.

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So there's also stuff for his mother-in-law.

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You can't use the shed for that, right?

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No, you would use her equipment you'd want to put in the shed or?

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Well, that other shed is full.

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There's a lot of gardening equipment and other equipment.

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All right, okay.

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He needs to expand.

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He needs to expand.

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I have four letters from Salvatore Donia at 9715 Fulmer.

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That's the property right behind.

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9710 Tina Cavallaro.

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9706

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Kelly Kernicki

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and

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I made it out as

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Parveen Sardar

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Parveen Sardar at 9712

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and those have also been shared

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and if I could stop sharing that and I could show you

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better

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versions of the

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plans

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okay

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okay uh do you see the plans yes sir okay wonderful so we have the property

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the the original shed the patio and the proposed shed that we're trying to legalize if i could make

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this bigger proposed gazebo and the shed which is 313 square feet

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the existing shed the concrete pad i'll scroll over here it's 16 by 16 feet 3 inches by

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16 by 6 313 square feet yep oh i'm sorry uh did you have a question no no i'm i'm nodding my head

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with your room okay your presentation um and then the elevation it's 10 feet 11 inches high okay

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now wasim and his family they made a mistake um he thought that because this is his own personal

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