civus
Hearing video

ZBA Hearing - January 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 6, 20215h 31m

is structurally sound. And that there would be no concern for the continuation of the

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development of that one-story structure. And then there are just pictures of what

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you know the property looks like you know just as part of his report and then yes and then yes

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and then there's the letter from the center city residents association they are in opposition that's

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why i'm i'm trying to and i know i have it in front of me i have a copy of yeah and so you'll

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see the letters of support you know we have the owner of 1915 delante place which is across the

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street 1918 delancy place which is right next door to us and uh 1920 delancy play 1920 delancy places

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which is supported this and then most importantly the historic commission actually reviewed this

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application because this is a historic property and they also reviewed this application and they

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you know they approved based on the information we gave them that would conclude my presentation

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at this moment. I don't know if any members of the community are on the call as well.

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Okay, before we get to those members of the community, do you have your client?

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I do. Mr. Speight, can you virtually raise your hand?

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It's been allowed to talk, sir.

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Yes.

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Hi, good afternoon. Please identify yourself with a record. Spell your full name.

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Hi, thank you.

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It's Christopher Spey, and last name is S-P-A-Y.

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and you swear and affirm to tell the truth the whole truth and nothing but the truth

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And you swear and affirm to tell the truth, the whole truth, and nothing but the truth.

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yes thank you mr knockinson yes mr state uh mr spay you heard everything i stated today

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Yes.

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Thank you.

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correct and is it true and correct correct and do you adopt as your own testimony yes okay thank

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you questions from the board no no one else would like to testify in this matter including members

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of the RCO and or the district council person's office.

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Mr. Chair, I have a Rosa with her hand up.

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I won't allow her to speak right now.

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Okay, ma'am, please identify yourself with a record.

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First and last name, provide us with your address.

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Hello, my name is Rosa Esquenazi, E-S-Q-U-E-N-A-Z-I.

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I live at 1912 Delancey which was mentioned as the left property the property on the left of

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Mr. Spade you swear and affirm to tell the truth the whole truth and nothing but the truth I do

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thank you please proceed thank you for taking my comments after a long day

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Mr. Chairman my name is Rosa Eskenazi I live adjacent to the east side of Mr. Spade

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my property

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was not mentioned

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but was grandfathered

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before the zoning

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was established

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as I previously told Mr. Spey

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I mean no ill towards him

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and welcome the block

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since he moved in

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wishing that his home provide the same solace

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as mine does to me

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even though this addition does not affect me visually

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I do however question his means

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the disdain for due process safety and lack of respect for his neighbors because the addition

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has been already been built after reviewing the documentation provided by the lawyer in charge

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there are many instances where words and documents get manipulated for favor midst the applicant

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for instance zoning requires nine feet of yard depth not storage depth as it was stated the word

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storage maybe may grant for some leeway in zoning lingo but what was erected is in no way a storage

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structure it is a living area with two skylights on the roof and the wide internal sliding glass

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door also i'd like to know in what way mr knockamson believes that this addition enhances the

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character and nature of the neighborhood what about from the perspective of mr space neighbors on

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on Panama Street, whose backyards face this addition. This issue permanently changed the

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nature of that specific property, allowing for complete grab of open space. If allowed to remain,

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it sets a precedent for the rest of the neighbors to add storage areas in their backs, thus altering

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the view from the backyards of the properties on Panama, and therefore possibly diminishing

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their property values. Mr. Nuckamson is asked on the application whether this change may cause

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damage. Judging by the quality of construction and history with his contractors, I am worried

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that the overall quality may be below par. He had a LNI come and stop the

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direction of this, but he continued. Having a shared party wall with the property in question,

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I do worry about the integrity of the footing and the partition wall insulation. Mr. Spey defends

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the quality of the people he hires, but had they had the qualifications required, then they shouldn't

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have been, then they should have been aware of the regulatory process and followed it. Several

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documents show previous water damage as an excuse to build this addition, but that problem could

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have been potentially solved without the enclosed addition. And they don't show how that water

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issue has been solved also. The applicant provides a signature by one neighbor in support of this

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construction, Mr. Roger Johnson, who lived on the north side of Delancey Place and was not directly

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affected by this addition. But below, I submit a document previously signed by him, which I

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provided to you, which questions whether the signature provided by the owner's lawyer

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is in fact Mr. Johnson's or if it was forged. Also, according to the City of Philadelphia,

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106 properties needed to be notified about this issue of hearing was posted on the building prior

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to the ccra meeting and to my knowledge most neighbors directly involved did not receive one

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in the mail i'd like to hear from the board the reason behind the 25 of open space rule if they

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feel it is important to keep it and whether they deem in terms of due process if there is any

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justice to applying retroactively for a zoning permit and L&I now that the addition has been

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retroactively for a zoning permit and lni now that the addition has been finished and if granted

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whether there will be an inspection inspection to certify the quality of the construction

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and compliance with all applicable safety rules thank you for listening thank you thank you

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mr chair can i just respond quickly who's speaking this is mr this is alan occamson

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oh alan i'm sorry okay please proceed so a couple of things and i'm not in front of my computer but

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can you go into the picture for the for the rear yard you'll see that the the the lady that spoke

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just now our next door neighbor to the left she has a two-story structure on her side on at least

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part of her property which is two which is full which has full lot coverage

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so you'll see that picture right there and then in terms of she said that picture right there you

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could you show with the uh point to it please oh can you comment can you point to that two-story

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structure uh it's no uh no go forward yeah uh yeah so you see it right there mr chair

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so our our structure is the is the one on the roof with the skylights but beyond that

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that two-story structure that's gray in nature that's the lady who just spoke that's right

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that's what she has full lot coverage on her side she so and two stories and then we have

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we have a letter of support from 1918 and 1920 um in support of our you know of our

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yeah and yeah and we have a structural engineer that was why we you know again i don't think

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enough said i okay uh anyone else would like to testify please raise your hand if you haven't

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already done to?

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I think the other end of the row is this.

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No, we have Neal Kraus.

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I'm here, I'm here, who are you?

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Neil Krause.

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Okay, Mr. Krause, please identify yourself, spell your first and latest name and provide

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us with your address.

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N-E-A-L-K-R-O-U-S-E, I live at 1921 Panama Street.

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We're in a firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed.

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well first the rendering they have looks like it's about a foot above the wall that the the

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roof comes down it's shown it's flat i measured it today it's four and a half feet you can see

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on this picture that's here that you know it's it's well above the one foot that they show on

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the rendering this is something i'm not i'm not clear what what are you referring to okay um

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I guess you can't see my uh uh can I can I show you saying the party wall between

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1916 and I believe it would be 1918 yeah it it's not it's not like a foot above the wall

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it's four and a half feet I measured it when you say wall you're talking about the rear

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the adjoining of the adjacent property if you look at the if you look at the picture

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of the rendering that's all nice and you know flat the roof looks like it's flat but it's not

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and uh it's four and a half feet above that wall so it gives you a closed in more of a closed in

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feeling now the thing is i i don't know i'd like to i'd like to uh share a picture of what i have

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to look at every time i look out my window that's above my sink so i see this a hundred times a day

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and uh and uh you know i i don't have blinds on the windows because no one can see in

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but i and i need the light i need the you know the natural light but i have to look out the window

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every time I'm sitting there. Is your property directly behind 1960? No, I'm just slightly,

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I'm behind 1920. Okay, all right. But my window faces this directly. It's in my face all the time.

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The construction is like ridiculous. It's not, you know, it looks to me like a bunker.

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It looks like a bunker that's overlooking Omaha Beach, you know, in Normandy, a German bunker.

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That's what it looks like. It's just a big block. And I have to look at this a hundred times a day.

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The draining now, the drain pipe, I looked at that, that's like 100 years old.

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I'm not sure, you know, you could even drain into that.

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And the rendering shows that the water runs right off.

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It doesn't show a gutter or anything for the water to go to.

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And it would run right into the alley.

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And the alley's all wet back there all the time.

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I mean, and I don't think, you know, it's causing mosquitoes and everything.

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I, it's, it's just, it's just a terrible, terrible structure and, and it should be, it should be

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torn down because it's, because it's, you know, was never inspected.

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so uh thank you i think this should be torn down and restored to what he had there before

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thank you mr chair just would like to clarify that the structure is not finished that f if if

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this board does grant this the variance we will obtain a zoning permit and then we will obtain

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a building permit and go through the the process that we should have done the first time where

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there will be inspections and work done. It's just the shell of the structure. As soon as L&I

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notified us that this was done illegally, we stopped construction of it. And the other thing

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I would indicate is there, if you can see from that picture, there's a two-story structure

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right in the same line of sight. And if you look at the aerial view that I previously provided of

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nearby properties with full lot coverage on that block, it's not uncommon for the other properties.

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am i still okay hello roses roses building there she has a whole garden that goes from uh from the

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alley all the way to uh to uh delancey street she has an enormous garden there ever if you look at

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all these this is all all everyone except i think one near 20th street one building near 20th street

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has open space outside their house every single one all right thank you sir anyone else want to

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wish to testify we have wade albert good afternoon sir or good evening uh please identify yourself

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with a record name and address sure good afternoon can you hear me yes okay uh my name is wade

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albert and i am counsel for the center city residents association hey wayne how are you

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do you swear and affirm to tell the truth the whole truth nothing but the truth

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i do hello hello sorry i was muted for a second okay um yes i do um so i uh believe that the uh

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the zba received ccra's letter in opposition to this project we have and it is it is rare

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at this point that we impose anything outright um and i i think that that sort of i want to explain

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why we did that um we heard from um the council for the applicant um he said that this structure is

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is is made it clear that it is uh it is sort of currently being built this is not a pre-existing

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structure um that the when the applicant presented to us uh at our rco meeting a couple months ago

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it became pretty clear that they began building this without permits um i understand that happens

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um but i also understand that ellen i was called once and possibly a second time while that was

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happening um i i don't want to misrepresent anything but i know that there's been an ongoing

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a bunch of ongoing issues um with regard to the reasons for the actual opposition

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the first is that ccra supports the neighbors who complained about light and air um that there are

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um there there is one property right next door that goes to the property line but most of the

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properties that are around there um they uh they do not have structures that directly abut the

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they do not have structures that directly above the property line. There are some decks

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property line.

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outdoor space but they don't go that far. The other issue is that we do not believe

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that the applicant can establish hardship. Our understanding is that the structure is going to

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be used primarily for storage and that it is being built to apparently alleviate some sort

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of problem with water damage and we respectfully submit that neither one of those issues are

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sufficient to satisfy um the dimensional hardship requirements under the code um there is no

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evidence that um that um not being able to build this would cause an economic detriment to the

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applicant or that they would suffer any sort of financial burden um to bring the property

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into strict compliance because they're really understanding there were no compliance issues

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before they they attempted to build this structure um so therefore we would uh respectfully request

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that the cba oppose this um this application thank you thank you sir i do agree that there

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would have there are probably numerous other ways of addressing the water damage problem

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i just think he backdoored this thing and got caught anyway that's my opinion well yeah mr

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chair again we yeah alan no disrespect yeah you don't have to build a room to prevent any damage

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to the basement there's concrete there's a whole bunch of other materials that could have been used

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there just has been there's not no one's going to convince me otherwise

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that's just my opinion that's my opinion i'm not being i'm not arguing with you

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no i know this respect but there were there are other remedies that could have been taken

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anyone else yes bob bennett please identify yourself sir name and address

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my name is robert bennett my address is 1917 panama street

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you swear and affirm to tell the truth the whole truth nothing but the truth

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yes sir please proceed uh mr chairman and uh board members thanks very much for your time

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i've been on with you since two o'clock so i know it's been a long day for all of us

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um i do appreciate it um i don't want to throw stones or or start a catfight but mr knackinson

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and Mr. Spey, their memories are very selective as far as what they've told in front of the board

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here. I've dealt with this issue now since October 13, 2019. That is the day that Mr. Spey started

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tearing apart his back patio, which if you would have saw it, it was gorgeous, okay? He tore

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everything out that you could imagine, and that pretty much contributed to much of his water

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problems that he's speaking about the other thing is sure it's a mute issue but mr um mr

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knockerman said about the the foliage in the back that foliage is on my brick wall and they're box

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wood plants that are sitting in uh 75 hour planters and if you're at my table say this

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looks gorgeous okay excuse me you are the you're the property directly behind correct directly

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behind yeah i'm still looking at the aerial view of there could could we have his aerial view uh

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pictures removed yeah we have the knock of some presentation please take that down

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