civus
Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

noise at strange hours of the night,

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noise at strange hours of the night, no enforcement of capacity levels.

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no enforcement of capacity.

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Some of the tenants have breached my property, both on the roof,

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in the visible area of the roof that you can sit on,

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and the connecting roof of both buildings.

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There are concerns about activity that is essentially not in my position,

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I care about, but illegal, like drug use, potential drug transactional activity.

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and i've actually had people come to my door going assuming it was the wrong address who

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were involved in things that seem like you know prostitution bachelor parties type situation

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those things i don't care about but the general uh you know environmental problems are the

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continuous noise and the trash situation we have connecting backyards and for most of the summer

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we can't use our backyard because their clients refuse to place trash properly in its receptacle.

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So most of the back of the house smells like a dead body and there flies everywhere,

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impacting the quality of life of not just the neighbors on both sides.

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But also on trash days, there's no consistent removal of trash.

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In the way they operate the property, the noise is an issue because what typically happens is someone will check in late.

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they're operating on a different time zone say they're flying from India or wherever they come

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from they decide to stay up from 11 p.m to 3 a.m we have to go to work at 6 in the morning

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we send him a message he doesn't respond till 6 the next day and this goes on this has been going

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on for two and a half years I have basically called the 17th district philadelphia police

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department to this property at least 12 to 15 times in the last three years for various reasons

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this is on file at 9-1-1 i have tried to reach them directly in good faith as a reasonable

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person to just sit down and have a conversation about noise abatements can you do something about

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your stairs and can you see if you can make your tenants really observe your capacity limits what

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happens it's two people will check in and over the course of the evening five to seven people

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will stop by and there's a party until like 1 a.m and this happens all the time you know it's it's

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really a detrimental impact for people who have to work normally nine to five jobs and we're trying

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to go to bed at 11. You know, as you can see, you know, part of why he's trying to pre-bought me

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before I've even said something is because he's defensive and he knows he's wrong. I don't want

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to get into personality issues, but this is an ongoing three-year situation that I would have

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described in the community meeting, except I did not get a notification for it. I'm willing to work

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with them to find some solution i don't want to restrict their ability for income but unless

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they're willing to actually operate in a good faith and responsible way this application should

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not be approved it's just completely ridiculous i feel like i'm living next to a hotel that's open

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from 2 a.m to 7 a.m every day and we're basically for 50 of the time living next to people who

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operate almost like vampires they're up at from 11 p.m to 6 a.m and then they sleep all day so

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when we come home we have to deal with all their noise all night and the only time we can get peace

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is unless we change into their schedule this is also compounded at the time when it's football

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season when two people will rent this unit next door and then all of a sudden multiple up to 10

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12 people will come and stay and there's a big party and there's a tailgate and then they go to

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the stadium, and they come back drunk, and they make noise all night. That's what we've been

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living with for three years. And this could simply be solved with a conversation with Jeff,

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but he refuses to sit down and have a conversation to do that.

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That's what it's like.

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Sir, thank you for your input, and thank you for calling it. Is there anyone else in the

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virtual audience?

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I see no hands, Chair.

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Do you want to give us some final words, sir?

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Yes, Mr. Chairman, I would.

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Had a feeling that was coming.

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And the unfortunate truth is most of that is not true.

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It's basically not true.

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And here's the problem.

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This neighbor is completely unreasonable, and it does not matter if it's a long-term rental.

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I have actual written.

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This isn't just speak.

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Take a look at my screen right now.

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um this was a 30 plus day stay of a woman by herself who was working at children's hospital

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who and just just read on several occasions he came up to me while i'm outside with my dog at

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night additionally one night going to bed at 11 30 apparently heard myself and my dog walking up

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the hardware stores came over banging on the door loudly i felt very unsafe he continued banging

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until i did felt very uncomfortable he said multiple profanities to me he is also has a

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He also has a parking cone, which is illegal, and he's blocking parking spots on the street.

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parking cone, which is illegal, and he's blocking parking spots on the street.

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So if I continue, it's over and over and over.

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These people are staying more than 30 days, so it's still going to be a problem.

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You can see the noise-sensitive, aggressive banging on the door when he got rowdy because of our kids.

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You know, it's over and over.

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Jennifer has an extra neighbor who is completely unreasonable with noise sensitivity.

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he banged on the door if we were going to bed as we were climbing the stairs right um i have ones

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of people wanting to threaten harassment against this neighbor so it really doesn't matter

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whatsoever if it over like last thing i want to say here you go this was a two-month individual

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lady by herself primary renter he said you know he was he's throwing profanities at her

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How am I going to – if I have a long-term renter in there, I'm scared for that person.

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It hasn't – so at least these people leave.

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So I would like his comments dismissed, please.

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All right, thank you.

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So MI 2022-003-386-2701 Oakford Street, I vote yes with proviso.

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Temporary variance, two-year term, ends 12-1-24.

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4. Harold Tenere, my vote is no. Thomas Holloman, my vote is no. James Snell, my vote is no.

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Vishnu Shaheed, my vote is yes, improviser.

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Okay, sir, you have three votes against you, so you've lost. Thank you.

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Number seven, MI-2022-003-390-6142 Callahill Street.

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ML Project Restoration is the owner.

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Mr. Chair, this is Hillary.

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That case was continued.

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Ms. Bezidlow appeared.

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She was just retained and she requested a continuance.

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Okay, good.

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Thank you.

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Number eight.

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Number nine.

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MI-2022-003-295-230 East Springhurst Street.

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Leo Mulvihill is the attorney.

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Mr. Chair, sorry, this is Hillary again.

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I've been advised by the council office that the RCO meeting that was scheduled to occur last week was canceled because the RCO was concerned that there was not proper notice given by council.

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um if that is the case then unfortunately this case will not be able to move forward today

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because there was no meeting okay so what why don't we let mr boville get on a minute

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yes sir good morning chairman i was the board again i only heard the tail end of

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from the rco right and hillary want to continue yes we were just informed by the council office

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that the meeting that was scheduled for last week was canceled. So there was no RCO meeting in this

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case, and the board is not able to hear cases unless an RCO meeting has occurred. And so board,

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I just wanted to address that issue. My client is making a proposal for a surface electric vehicle

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lot directly next to a currently existing parking lot on the street in an otherwise empty lot full

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of on the block full of driveways we filed this appeal in may maybe end of april we did not get

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a community meeting scheduled until monday no last week last wednesday pardon me that's 170 days the

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rco is 45 days to get a meeting out right so what happened was a comedy of errors is the best way

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describe it notices went out my mailing service never delivered them and never got me my proof

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of mailing and upon learning this i went personally through the block hand delivered uh flyers bright

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orange to every single property on the address and at the meeting that was scheduled for that night

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my client appeared i stayed in the waiting room i wasn't admitted several people showed up and

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admitted they had gotten the flyers and the rco chose not to hold a meeting that said i understand

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that an RCO meeting is supposed to be held normally there's no recourse to my client when

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she has to wait 170 days for a community meeting and the RCO doesn't respond we tried for months

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to get this meeting and thankfully with the help of Mr. Richardson you're actually finally able

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to get it scheduled but the fact of the matter is my client has time sensitive grants that exist we

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but the fact of the matter is my client has time-sensitive grants that exist we don't know

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We don't know.

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what the lay of the land is going to be for these in 2023 so we would simply ask for a here and hold

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my client spoken with uh ms mckelvie of the culminating rco and i understand that we would

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be putting pardon me in december for a community meeting at the latest so that's where we stand

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with this members of the board um i appreciate the efforts that mr richardson went through to

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get us a meeting i understand that the mailed notices didn't get there but the community

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members were notified personally by me and frankly this is another instance where we have an rco that

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is incommunicado for months and then my client has to bear the cost of continuing to maintain

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this lot for another six months waiting for another hearing so while i understand the

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obligations of the applicant and RCO also has obligations to hold a meeting

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within 45 days. My suggestion, rather than saying you forfeit your rights since

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you didn't have a meeting as you're supposed to, but holding us to the

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letter of the law, we just hear it, hold it, have our meeting, and then the board

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gets a letter and makes its decision then. That's the only thing I'm asking for

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today, members of the board. Everybody on the list, by the way, got a copy of our

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plans, got a copy of our notification, got a copy of the refusal, and all of my

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contact information hillary um i believe the rco and the council office would like to speak on this

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matter certainly okay mr richardson hello mr chair i just state your name please you've already been

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sworn charles richardson the office of councilwoman cindy bass uh we're going to object to to to a

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resumption hearing with regard to this situation. Nobody from the RCO was on for whatever took place

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that evening. I certainly was not on. From my understanding, the orange notices that Leo did

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distribute went out on Halloween, which was a couple days before the actual RCO meeting.

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I never received anything that announced when the meeting was going to be or time or anything

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along those lines. And that can be backed up by Ms. Love and also from Ms. McKelvey,

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who are the coordinating and the affected RCO in the situation. So they need to have a meeting,

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and they need to meet with the community, and we need to do it in a timely fashion.

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So we would not be supporting a presumption hearing in this situation.

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So members of the board, just to respond to that, my client was there and Ms. McKelvey

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was there. Ms. McKelvey explained to the people that they were not having a meeting that evening.

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I was never admitted out of the waiting room. I understand Mr. Richardson's position. I used

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to run an RCO. I know these meetings are important. What does an applicant do when an RCO will not

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respond to an applicant and will not give them a meeting for 170 days after the notification goes

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out that they're the rco when they have to have a meeting within 45 days as written in the code

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as put in the email that is given to the coordinating rco and on top of that mr richardson

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was not notified i believe that's incorrect and on top of that it's the coordinating rco's

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responsibility not mine as the applicant or the email and the code to notify not just counsel

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but also every affected rco we had months of conversations back in leo leo i hear you i hear

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you all right uh hillary can we can we uh how about can we do this in 30 days um i don't know

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if we can do this um in 30 days but we could certainly do it in january we can we can make

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space in january all right so so leo we're gonna we're gonna continue this the next date will be

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marked must be tried and if you can get with the rco fine but the case will be marked must be tried

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for the date in january okay okay and understand i'm going to do my best to get us a date uh okay

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beforehand i'll work with mr richardson and every other rco i'll host it i just like me then

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and leo leo this is this is hillary um please reach out to lakeisha dandy

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yes and she will work with you on a date for january okay

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Chair, we still have a hand up from Rosalind McKivley or McKelvey.

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Yeah.

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Ma'am, please unmute yourself.

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

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Rosalind McKelvey, R-O-S-A-L-I-N-D.

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Last name McKelvey, M as in Mary, C-K-E-L-V as in Victor, E-Y.

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right do you swear for him to tell the truth the whole truth nothing but the truth absolutely

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Right. Do you swear for them to tell the truth, the whole truth, nothing but the truth?

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Absolutely.

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Did you hear what we just spoke about?

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I heard lies and slander of our RCO that need to be verified.

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So, the owner.

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I object to that.

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All right.

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The cases continue and you'll be able to voice your opinion at the next meeting.

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Okay.

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We're going to hear this case in January.

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theory the case will be marked must be tried okay thank you the board have a good afternoon okay

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number 10 MI 2022 003 309 630 Glen Echo Road

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and then hello and Joan Giglotti are the owner applicants

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in addition at the rear of the property letter of support from west mount area neighbors

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please unmute yourself hi hi could you state your name please and spell for the court reporter

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annette aloe a-n-n-e-t-t-e a-l-o-e right do you swear or affirm to tell the truth the whole truth

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and nothing but the truth i do you're the owner of the property yes i am okay our vice chair has

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a few questions okay and have you emailed the exhibit packet with proof of ownership tax

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compliance a copy of the refusal or referral photos under plans of the property five days

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in advance of this hearing and have you met with the rco and do you have a letter yes yes we've

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on all that okay thank you this is an application for the erection of an addition at the rear of an

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existing semi-detached structure for single family household living there's one zoning refusal and

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that is insufficient side yard width in the rsa2 zoning district eight feet required six feet three

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inches are proposed so you may begin by sharing your screen okay

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all right um we just we started this because we're just trying to get a

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powder room and our laundry on the first floor we only have one bathroom and um

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so that's basically what we're trying to do here um let me go down to uh there's the map i live in

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Mount Airy. You can see my house. It is set back from the street. So what we're proposing,

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you wouldn't really be able to see from the street. We pushed for the smallest encroachment

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possible. We're only asking for a setback of 14 feet. And the width of the setback is eight feet,

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