civus
Hearing video

ZBA Hearing - December 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 18, 20247h 42m

Vice Chair has a few questions for you, sir.

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Sure.

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Good afternoon, Counselor.

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Do you agree to either read another refusal or stipulate to its accuracy?

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Good afternoon, Mr. Shahid.

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Yes, I do.

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Have you emailed in all the required documents and exhibits as needed to proceed with this

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case five days in advance of this hearing? Yes, we have. Thank you, counsel. Please proceed and

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share your screen. Thank you. All right. Is everyone able to see that? Yes, sir. Okay. Thank

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you. Once again, good afternoon, everyone. Oleg Sokolov on behalf of 2350 Reed Street, LLC. And

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as I said, I have my client, Matt Mullen, as a member of the entity on the line who will come

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on a little later to adopt my testimony. What we have here is a request to build a three-unit

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building on a CMX-1 lot, which is adjacent to RSA-5, hence the issuance of the refusal.

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The lot dimensions itself support the three units, and as I just said, the only reason

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for the refusal is because this CMX-1 lot is adjacent to the RSA-5 district, therefore

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held to the zoning requirements of of that residential district so and you'll see that

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here from the refusal it isn't a cmx1 and once again the refusal is issued because of its

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being adjacent to the rsa5 the owner listed on the refusal has since changed and that's why

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i represented that we are 2350 reed street llc so here is the deed for that purchase in july of 2023

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This is an empty corner lot on the southeast corner of Reed Street and 24th, as I'll show you in the map.

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It's been vacant for some time as far back as we can see into the zoning history, and it is located right on a park.

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So it's a great place for some additional residential units in the Point Breeze neighborhood of Philadelphia.

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Here's our tax clearance, only showing a balance for the 2025 year, which, as the board probably

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hears over and over again, are not due yet, so we are tax compliant.

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This is a view south down 24th Street and a view down Reed Street.

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This here, where this tree is, is the park right across the street.

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And this is the lot we're talking about. So it is a corner property. The frontage would be on Reed, not on 24th.

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Our zoning map, you can see that this area is pretty ripe with this type of CMX1 unit on the corner.

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This is the park that we're directly across the street from, but we are catty corner from a large CMX2 property, along with some CMX1s here that you can see.

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And basically the entire neighborhood has corner properties listed as CMX1 adjacent to RSA5s or RM1s.

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Here are the proposed plans for the structure.

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Three-unit structure with a roof deck and a pilot house.

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The first floor will be a little bit above grade.

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And we are looking to do a unit each on each floor.

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I'll go through those floor plans in a moment.

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I can zoom in a little bit once we have questions or are there any technical issues.

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I can also have Mr.

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This is the side elevation.

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You'll see that having the corner unit is very nice.

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We can provide a lot of light along 24th Street to each unit.

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and we're not closed in on the other side, so.

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And here are the floor plans.

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So you'll see we're proposing a three bedroom,

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two bath on the first and ground and basement floor,

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a two bedroom, one bath on the second floor,

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and a two bedroom, one bath on the third floor

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with only the third floor unit having access to the roof deck.

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and then as the chair stated we do have 19 letters of support I did not count how many

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were from the immediate block by a quick count I think we have five from the immediate block

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and then a number on 24th street or 23rd street which are adjacent

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we actually met with the RCO twice we met with them first in October where we had some discussions

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where we had some discussions about the property, not any design changes were requested, but

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about the property.

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We, they, not any, uh,

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further discussion with the community, especially the immediate neighbors was asked for. So that's

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when Mr. Mullen went out and did some further community outreach and sought these letters of

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support from both the immediate block and just adjoining neighbors. And then we ultimately did

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have the formal rco once again on the um 25th of november at which time we we were fortunate enough

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to to get support um after some some discussion about the the property itself and the fact that

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there are a number of uh multi-fam properties in the area that have also been granted by

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variance by this board. Here's our ultimate letter of our notice letter to the neighbors

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for the November 25th. That's the second meeting. And our letter of support from

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Point Breeze Community Development Corporation. A quick map of a number of variances issued by

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this board over the years for the similar type of dwelling units. So you can see they're almost

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within a block of the property.

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They're all right along this park that are here.

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So of a quick search, we found five variances

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that have been granted for similar type of requests.

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And our posters for today's hearing

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and our certificates of mailing to 165 nearby residents.

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At this time, if I can bring on Mr. Mullen to adopt my testimony, please.

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Mullen?

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Good afternoon, Chair. He has been allowed to speak.

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Could you please state your name, sir, and spell for this phenomenon?

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Matthew Mullen. Can you hear me?

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I can.

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It's M-A-T-T-H-E-W.

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mullen m-u-l-l-e-n where or affirm to tell the truth the whole truth nothing but the truth

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i do please proceed counsel thank you good afternoon mr mullen um were you on the line

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to hear my testimony before the board here today yes and would you adopt it as your own yes okay

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um along with entering our exhibits into the record chair that's all we have thank you

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so how many on that your particular block or multi-family on that block i don't have the

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the exact multi-family um number completely but based on um yeah there there was a three family

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dwelling variance granted for 2330 reed street uh matt do you do you know how many other properties

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on that on the immediate block are multifamily can you hear me but um i have four um on the park

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not on that immediate block but on the perimeter of the park um i have four in my notes

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and those are the ones that we've listed so not on the immediate block of the 2300 block

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of reed street other than 2330 that you know of um not on reed street no

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how wide is that lot the council uh i believe it's 16.

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yeah questions from the board yes um how high would the building be in relation to the other

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homes with the rooftop there let me get that for you so are you looking to the the top of the

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building itself or to the top of the pilot house um well both just tell me both if you can sure

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42 uh six 42 and a half feet to the top of the pilot house and then the top of the the structure

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level it's 32 eight okay and and this in relation uh to piggyback off of the church questions in

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relation to the size of that lot um with the other sizes of the lots on that house is anything

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unusual about the um the size of that particular parcel or is it's relational to all the rest of

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the parcels on that in the block they it's it's fairly relational to the rest of the parcels on

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They, it's, it's fairly relational to the rest of the parcels on the lot. They are all 16. I mean,

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the lot they are all

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6

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we don't have measurements for them, but in looking at them, they're, they're pretty narrow

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properties. Um, okay. And so is there a particular hardship to have three units, uh, in this, in this

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build? It's a, certainly a financial hardship given the, the cost of building, um, the ability

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to rent the single family unit so we found that and also just the availability of units in the area

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what's in the basement all up so the basement would be

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here we have basically a utility room and two bedrooms

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one bedroom upstairs it's yes one bedroom upstairs and then a larger dining living area

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for that for unit one which is the first floor and basement unit the questions for the board

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oh the so the so the first floor unit is by level with it's a four bedroom unit

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it's a three bedroom unit um there there is this additional recreational room that that you know

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it's a unclear how that space will be used but we did not want to put a second bed in a third

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bedroom into the basement unit that's that's good you thought of that what's the um what's the the

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depth of the basement slab below grade uh i will turn to matt who will be better equipped to answer

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that kind of technical question so your your question was um how deep is a total basement or

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how how how low below grade how low below grade is the slab right yeah um so you'll be about six

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feet um below grade but these are all um conditions that will need to be um dealt with when we are in

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the field um it's primarily based on where the neighboring footer is but as the plan right now

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On the plan, it shows five feet below grade, not six feet.

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I stand corrected.

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And it looks like from this elevation that your egress well windows are below grade.

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Correct.

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Which is always a concern for me.

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The higher you can raise the basement out of the ground, for me, the better, just in terms of livability.

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um if somebody's going to have a you know a bedroom or any kind of living space in the

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basement that's always a concern and you have a 38 foot max height i'm assuming so you've got room

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to to go up the other question that i have where where is this building in relationship to

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the house next door um now the house next door has a has a porch and so are you is your is your

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build coming to the face of the masonry wall of the of the building next door or are you coming

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out to the edge of the porch so we'll be um in line with where their front door is not the porch

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okay it's basically where the grass is looking at it's basically the we won't be moving into the

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the current concrete that's there for the sidewalk

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okay so you're you so you're set back so you okay because you don't on your site plan you don't show

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that on your site plan it's difficult to show see that on your site on your site plan it looks like

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you're at the face of wherever the property ends next door you know what i mean yeah i think it's

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just because there was the neighboring property wasn't set in the site plan you see there on the

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left it shows as if you're right at the edge of where their property is and it's hard to tell

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but but you're saying that your your your building will start the front of the face

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of your building will be at the face of the maestri wall of the building of the house next next door

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correct right yeah yes i believe so i would honestly have to check double check with the

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architect but um from how it's laid out and the other new projects on the because i'm looking

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yeah yep so i'm looking at the the pavement just the blocks of the pavement if they're all five

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feet that's like 15 like maybe 20 feet and it doesn't look like you have that on your site plan

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so that's all

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So that's a concern. I don't know. How is it working in context with the block?

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The intention is to be set to not block the front porch.

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The intention is to be set to not block the front porch.

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Okay.

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I think there needs to be some clarity.

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But you're not going to have a porch.

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Right.

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They're not going to have a porch.

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So that was my question, because since you're not going to have a porch, if you're going

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to the face of the porch next door, then you literally are blocking their view, right?

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Because you're going to have this wall.

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this three-story wall next to the porch.

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So, and it's unclear from the plan, the site plan,

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you know, if that, you know,

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the hatched area is the edge of the porch

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or is that in fact the edge of the maestry wall

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of the house next door.

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So I think we just need clarity on it.

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I do.

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And I have a concern with the depth

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of the basement below grade.

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And I have a problem with the basement living.

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period so that's not a question that's just a statement

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uh matt do you do you have certainty on whether this this hash area is to the masonry wall of

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the neighboring property that i'm correct the intention is never to enclose that porch obviously

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from the one side no i believe we are in line we are not up to the front of the porch we're

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in line with the masonry wall of the neighbor's house not the porch the front of our building

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and then to touch base on the basement um we prefer to to raise the basement up out of the

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ground when we do the excavation we dig a test pit to see where the neighboring footer is and

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in most cases we try to match that and in this area it's uh known to be higher the the basement

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um so our goal and it's best for us to not underpin as well uh we plan on um matching

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the neighboring footer and raise that and get that extra 30 well i mean we have to 38 feet

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to go so we have room to play right because you're at 32 feet you said yes yes 32 and a half

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32 and a half, and then the max is 38.

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They've got a ways to go.

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They just don't want it to be called four stories.

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We also don't want to be too high above the neighboring property with the pilot house on.

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Right, exactly.

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All right.

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Other questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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

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yes good afternoon again mr chair this is jason and i will be your co-host for the session

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i have kimberly done i had a uh kimberly down with her hand raised but

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they have put their hand down as of now what else so no no further hands wait

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okay the hand is up again they've been allowed to speak

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

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My name is Kimberly Daniel, K-I-M-B-E-R-L-Y, Daniel, D-A-N-I-E-L.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth.

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Yes, sir.

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Are you a neighbor?

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I'm directly next door to the house.

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Actually, Mr. Mullen knocked on my door to ask me if I would sign his petition.

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At that time, I was still renting that house, but I'm actually in the process of purchasing the house right now.

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Our closing date is January 10th, 2020.

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The house next door you're buying?

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Yes, sir. I'm actually living in it currently right now.

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