civus
Hearing video

ZBA Hearing - September 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 11, 20245h 12m

I'm sure of the property.

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Where did I put it? Right there.

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So this is the property here. This is our home.

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I did take, sorry.

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These are photos with the zoning notice on the window.

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We posted that about, you know, more than three weeks ago.

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So neighbors know that we have this case, this hearing.

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Yeah, we're not, we're only seeing your first document you put up.

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Oh, okay, I'm sorry.

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You can move it.

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Okay.

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Share your screen.

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Yeah.

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You can share that one.

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Okay.

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These are the photos of the property with the zoning notice on it, and then you wouldn't

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actually see the exhibits, and then here's a notice of refusal, here's our site plans,

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here's the application of appeal

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here's our deed

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both our names on it

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here's the

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we presented it to our local RCO

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the Point Breeze

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the Community Development Coalition

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and received

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four votes all the support of our project

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here's

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a project formation form

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And also the tax clearance.

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So here would be the issue.

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Your refusal has to do with your didn't set the addition backage fee.

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Could you explain why?

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Yeah.

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Why don't you explain that?

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So one of the reasons I want to forego the setback is to allow for more livable square footage.

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So right now we have three bedrooms and our son and daughter currently share a bedroom.

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And the challenge with that, again, our son is he'll be 10 in a couple of weeks.

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There's going to be a need for them to separate. And we do have flexibility to work from home.

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There have been occasions when his mother, she's 80 years old, visits the U.S.

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every now and again she mostly resides in the Philippines and having space for her to be

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also with work from home needs our children's bedroom needs having that additional livable

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space that the setback eliminates is really important to us to be able to remain here in

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our community our kids go to the neighbor the local neighborhood public school we've really

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settled in here we moved in when I was pregnant with our first and bought this home then and we

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want to remain here. And so this additional living square footage gives us the flexibility to buy and

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maintain this home until we eventually retire. Thank you. Thank you. Questions or comments on

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the board? Yes. Oh, go ahead, Cheryl. No, go ahead. I was going to ask if we could see a zoomed in

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image of the floor plans. I feel like, you know, the eight foot setback, especially on a block

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where all of the other properties that are not at the corner and are not zoned cmx are two-story

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like this is something that's going to be very visible from the street and i just want to see

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the floor plan to sort of understand the layout sure can you find the floor plan i guess that

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would be helpful is this what you're talking can you see our screen no this is a site plan

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in an elevation okay can you pull up the floor plan well he finds that i'll share that we are

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across the street from a

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three or four story church

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and that is

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quite high. There are

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three story buildings

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kitty cornered from us, not just

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at the corner from our property

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which is approximately four doors down

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the three story building that you're referring

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to. Just as an FYI, that

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wasn't already made clear to the board.

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So you're asking for the inside

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lands? Yeah, the floor.

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The architect.

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Okay.

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um also i'll share that um i forget what you call it our architect has described it but the

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the window is pushed back a bit um on a slant it goes back on a slant yes

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Right. And on a slant, it goes back on a slant.

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Yes.

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A man's side roof?

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Say again?

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Yes.

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Did they define it as a man's side roof?

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Yes. I think that's what it's called. Yes.

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And there is another third story across the street from you. There's a church, and is there any other one?

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There's a there's a large church that takes up in a funeral home on the ground floor.

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And then there's a there's a church next door to the funeral home.

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Are there any other buildings on the block? I have a third floor.

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Yes, there are. There are buildings on our block that do have three that do have three stories, both on our side of the street and also across the street.

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Were those three stories add ons or were they already there?

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They were there when we moved in

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10 years ago. I don't know

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until they sent a finger add-ons.

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Yeah.

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And my other question, my question is

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do you happen to know if

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your neighbors that are on both sides

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of you, were they part of that vote

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at the

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RCO meeting?

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I know at least

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one of them lives across the street from us

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on

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the on Annan Street. So they're familiar with our property.

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So the neighbors on either side of you were not present.

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Not in the RCO meeting, but we have told that the project and both are in support of the project on our on both sides of our house.

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Yeah, so we know our neighbors well on both sides of both aware of the project.

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Thank you.

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And I guess my question is, how many notices did you send out for the RCO meeting?

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I think it was 200.

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I think the requirement is 200 for the Point Breeze Community Coalition requirement.

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Yes.

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I don't remember anymore.

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It was this past summer.

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Have you found the drawing shot?

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No.

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Yeah, sorry, we didn't know we had to have the side drawings.

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Could you explain what are you putting on the third floor?

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Two bedrooms and one bath.

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How deep is your property?

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It's on a side glass.

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Go ahead.

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Hold one second, the depth of the property we have.

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It is, well, the, well, the lab width is 16 feet, and then the depth is, make sure I'm

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thinking it's out.

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Hold on. Go back up for a second. So the lot width is 16 feet. We are at 15 feet with no variance requested. Building height is 38 feet. We're at 35, too, with no variance requested. Does that help address the question?

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I think what we're trying to figure out, how much space is this and what would eight foot be? If you did the setback at eight feet, what would the third floor look like?

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If we did the setback, we don't have a site plan or a floor plan for if we did the setback.

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Is that if we don't do the setback, we can still try and find those floor plans.

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Why don't you show that with the setback?

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Can you pull up what you just had? Go down.

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No, go down. Yes, show that.

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Maybe that helps.

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this is with the third story without the setback

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we don't have site plans for with the setback yet

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so there's the mansor roof one back there is that correct

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yes yes that's the idea

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Ty does that answer your questions at all

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it would be better

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yeah I mean floor plan would be better but I mean

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I mean, I knew, I understood it was a man's house.

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Yeah, potentially it's going to be two bedrooms up here.

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And there's no roof access?

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That's just a pilot house?

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Well, yeah, I mean, we still haven't budgeted out,

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but the plans would call for a roof deck,

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access to the roof deck with a pilot house.

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In the future.

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And do you know right now,

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does this height include the parapet for the roof?

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height include the parapet for the roof? Yes. Other questions from the board? Oh, I do have

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one more question. Do you know if this mansard roof is in line with the standards that some of

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the South Philly RCOs have been setting for mansard roofs? Yes. The Point Breeze Development

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Association, one of their board chairs, has been an advocate of this type of roof. And there are

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two properties on the neighboring block on Annan Street that have this same roof for their third

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story of developments that have gone up. They're not directly on our block, but they're at the

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corner street where our block, where our house is. Those roofs have been developed in the past

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10 years since we've been here yes and just so you all know is like the reason i'm asking these

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questions is because mostly your block is mostly two-story and your house is sort of in the middle

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of the of the line so it would really like yes there are other three stories on your block but

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they were new builds they're also at the end of the block yes one of them is the two that are not

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at the corner are zoned differently so this would be sort of the first time one of the rsa5 properties

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on your block is being

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transformed, which is why I was

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asking the questions.

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Okay.

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Understood.

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Any other questions from the board?

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Questions or comments from our attorney?

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Not at this time, Mr. Chair.

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Question or comments from the virtual audience?

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I see no hands

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at this time, Chair.

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Question.

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Amy Wood with the Planning Commission.

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The comprehensive plan recommends no change to the RSA 5 single-family zoning at this

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location.

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There are no unique physical circumstances or conditions of this property that would

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prevent it from being used in conformance with the zoning code, and it would be out

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of character with the majority of homes on the block base.

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The Planning Commission recommends that the Board deny the proposed dimensional variance

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to eliminate the third-story setback.

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Mr. Jimenez, what we're going to do is we're going to vote on this next week after we have some time to talk among the board about where we want to be on this.

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Okay.

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So next Wednesday at 9.30 a.m., we will vote on this.

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Okay.

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Would it be helpful for us to share the floor plans in advance of that meeting or no?

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Hilary, can we have them send them in?

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I don't want to.

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It's up to the board.

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Otherwise, the record is closed.

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records close if you want you could send that in okay that would be the only thing that we would

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that we would accept um to add to the record is the floor plans okay thank you thank you

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go back to the beginning of our

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Number three, MI 2023-002-909-2651-7T Street.

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Vern Anastasio is the attorney.

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We do not have a letter of summary, but notice was sent to near neighbors with proof of mailing.

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Meeting was held August 13th before all in the family.

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The applicant also has 31 signatures from neighbors on the block.

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Vern Anastasio has been promoted to penalist.

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Good morning, Mr. Chair.

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Counsel, could you state your name and spell, please, for the court sonographer?

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Sure, it's Vern Anastasio, A-N-A-S-T-A-S-I-O, representing Ms. Chantel Johnson, owner of the subject property, and Robert Harris, her husband.

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okay do you swear or affirm to tell the truth the whole truth nothing but the truth i do

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our vice chair has a few questions for you sir

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good morning counsel do you agree to wait to read another refusal or stipulate to exactly

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good morning yes have you emailed in all the required documents and exhibits that's needed

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