civus
Hearing video

ZBA Hearing - September 11, 2024

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

house the next home and home next to that home are currently vacant and prior

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to a fire that occurred maybe 11 months ago um there's no real activity happening

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at the the three houses uh right next door to this property um

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and in addition to that we we planned on uh extending the property so even the second and

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third floor goes all the way back so the script so there would be no there wouldn't be any yard

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space. Vern, is this one of the owners? Yeah, unscripted, but yes. Thank you, Mr. Harris.

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Mr. Chair, I need to go on the record to clean up this mess. First, I need to object to

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Adrienne's testimony, especially when she's testifying to other people's positions.

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All of that is nonsense and hearsay, and none of it can be considered by this board.

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Also, she says no one met with us, but then in the same breath says that they all oppose us, which makes absolutely no sense.

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The only way they would be able to oppose or support is if they actually knew the plan and this was presented.

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Secondly, the addition that she claims everyone is against, that's done.

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Been there, done that, by right, no input needed.

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So that's the permit in hand.

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So, Verne, let's concentrate on, tell me what happened August 13th.

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Mr. Chair, we've been through two different mailings on this.

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And at the first meeting, we showed up, no one showed up to hear us.

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Second time, we showed up and did a presentation.

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Adrienne may not have been present, but apparently that hasn't stopped her from coming out in opposition to a plan that she claims she didn't know anything about, but she knows enough in order to be against it.

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Was it all in the family there when you made the presentation?

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Yes, of course. I think there was a change later on in RCOs. But as far as I know, again, we're happy to meet with anybody else. But to suggest that this be denied or dismissed is silly.

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Mr. Chair, this is Hillary. I'm sorry, Mr. Anastasio. Can I just interject? I was just doing a little bit more digging on this case, and I found that all in the family actually sent in a letter back in December on this case. It was based on a meeting that was held in November.

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um on this case it was based on a meeting that was held in november um that's what they said

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they indicated that they were in opposition however they would support um a duplex

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with certain provisos so i just wanted to just wanted to put that on the record and

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mr anesthesia i'll forward that to you it looks like it was sent um to to your colleague mr cook

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but not to you i see thank you yeah so i will send the letter but it was it was back in in

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december i don't know if there was additional meetings since then i don't know if there's

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been any change to their position so but we're we're looking at a meeting that was october

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august well august was the last one that's right we've had several meetings on this project

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i'm sorry do we have the letter and the notices

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from this august oh yeah everything is in my 97 we don't we don't have a letter from august

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we do not have a letter a letter i mean the letter that the applicants sent out about the

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we have an rco notification letter pursuant to the code all the addresses and proof of mailing of

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course how many people were in the attendance at the last all in the family session i don't remember

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Ms. Graham, I'm sorry. I do about five RCO meetings a week. So I can't, I just can't recall that. I usually rely on them to tell us, you know, what the letter, when they submit their letters.

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But nevertheless, again, we also went door to door on that block and in the immediate area and secured 31 signatures. There's a legal rooming house on the block. There are several multifamilies on the block.

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and again more than 10 vacant lots on that side of the block so here's a property that's

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laying empty and my client would like to do something with it in order to revitalize it

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I went on between the RCOs is sort of above my pay grade I can't get involved in that and

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However, if Swampoodle wants to meet with us, I'd be happy to do it, and the board can hold their vote until then.

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But it seems as though they claim they've never met with us or reviewed our proposal, she claims that everyone opposes it.

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So I don't know what to say to that.

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So let me go. Planning Commission.

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Amy Boyd with the Planning Commission.

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The Comprehensive Plan recommends no change to the RSI-5 residential single-family zoning at this location.

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The City changed the zoning maps in this neighborhood in 2014.

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The Appellant requests three dwelling units.

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Planning staff are aware of 16 houses on this block base with multiple dwelling units with the majority as duplexes.

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Three units is not the least minimum.

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The City Planning Commission recommends that the Board grant the proposed use grants for multiple units with RISO-2 dwelling units.

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I can live with that, Mr. Chair.

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So MI 2023, 002, 909, 2651 North 17th Street, I vote yes, maximum two units.

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So, go ahead.

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Tynetta Graham, my vote is yes with the two units.

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Cheryl Gaston, my vote is yes

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with the proviso, two units

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Iowen, my vote is yes

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with proviso

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Ishmael Shaheed, my vote is yes

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with proviso. Thank you

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Council, could you please stay on? Yes, sir

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And by 2024

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001-167

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1333 South

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9th Street

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No

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OCR let no RCO letter summary or notice with proof of mailing letter of

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opposition from council member Squilla in reference to a letter that he says

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passion governor square civic association wrote the applicant provided a

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letter's support from manual chapel nine letters of support from neighbors to

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from the block and also um an applicant a petition signed by 29 neighbors

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mr anastasio so mr chair let me just add to that because we did in the meantime receive

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from the council office a copy of the letter from pass young square mr anastasio i can forward it

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to you if you've not received it um it indicates um opposition as um council member squilla

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As Councilmember Squilla indicated in his letter, they mentioned that the pre-existing conformity on the first floor clearly provides no justification or hardship for the addition with no rear yard.

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indicated in his letter.

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And that was the extent of their comments.

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Sir Anastasio, just for the record, state your name.

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Vern Anastasio, on behalf of Sarita Yip.

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And our vice chair has a few questions for you.

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Thank you.

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Good morning, counsel. Do you agree to weigh the reading of the refusal or stipulate with

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accuracy? I do. Have you emailed in all the required documents and exhibits as needed to

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proceed with this case five days in advance of this hearing? I have. Thank you, counsel. Please

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proceed. And I think you've already shared your screen, please. Yes, at least one of them for now.

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Mr. Chair, the RCO meeting was held. No one from the block was present, just the members of the

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zoning committee but none of whom live anywhere near this property uh and their position was based

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on this addition that we're trying to put back here uh during the meeting they said that it would

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the addition would block light and air mostly light to the most immediate neighbors so we

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did a shade study that shows here's the existing

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shadows at 9 a.m. and here are the

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shadows with the proposed addition. As you can see

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they're identical as far as the shade at 9 a.m.

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is concerned. Now let's look

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at the 1 p.m.

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Existing condition

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with the addition.

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Again, negligible.

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As you can see, the shade for the church is exactly the same.

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We have some minor shade here to the adjacent property.

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It's still just a portion of that rear yard.

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Negligible.

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And then 4 o'clock,

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the only difference is that this little tiny corner of the church

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that has no windows by the way will have additional shadow at 4 p.m

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everything else is identical so the basis for the committee was just the rco committee

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zero neighbors. RCO committee, whole basis of not supporting this addition is based on the shadow.

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And as you can see, there are no shadow impacts at all. And what's further,

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excuse me for a moment while I pull something else up.

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In my 90-page exhibit, I'm going to move that shadow study into evidence, and my 90-page

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exhibit will also show 30 signatures of immediate neighbors.

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Brian, could you show photos of what it looks like now?

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Yep.

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But I just wanted to make sure you saw that we also have letters from the church, the very church.

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I mentioned that in the beginning.

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Okay.

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The very church that the RCO committee was concerned about.

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Altogether, we have 37 letters and signatures of support.

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and I'll show you there's the refusal and we'll get to the photos

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should show you some plans as well

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this is existing and this is the addition back here

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here's the front and here's the rear

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as you can see it would just go straight up

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and the only reason why of course we're you know the footprint doesn't change in the building

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You know, the footprint doesn't change of the building.

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You know, the first floor already has the building.

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You know, the first floor already has the build-out.

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When the first floor is built-out, you're going to build on top of that?

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That's correct.

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That's it.

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It's a multifamily by right.

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So the only reason why we're here, and by the way, it's the only three-story building.

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On that side of the block.

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So it has absolutely zero negative impact on anyone with regard to light or air.

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Did this project start already?

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Not that I know of.

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No, I don't see any violations or any sort of, nope, maybe some interior work, but that's about it.

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No addition has been started.

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So the footprint in the rear does not change?

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Not at all.

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It just goes up.

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There's proof of posting.

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And again, I think the shade study tells the story that there's really no negative impact to any of the adjacent neighbors, which is why they all support it.

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You bring your client on.

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Thank you. Ms. Serena, yep, if you could please, yep, if you could please raise your virtual hand.

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Serena Chan has been allowed to speak.

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

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Yes, my name is Serena Chan, S-E-R-E-N-A, last name is C-H-A-N, and Yip is my married last name, why I'm seasoned Paul.

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Sure. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed, counsel.

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Thank you.

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Ms. Jane, did you hear my presentation to the board this morning?

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Yes, I did.

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Is it true and accurate to the best of your knowledge?

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Yes.

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Did you personally secure the letters from all the immediate neighbors, including the Emanuel Church in the rear?

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Yes.

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And do you adopt my presentation as your own testimony?

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Yes.

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Thank you.

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Mr. Chair, I have nothing further questions from the board.

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I'm just curious, does the roof deck, is that still included in the plan?

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This application does not have a roof deck.

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The questions from the board.

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actually i'm sorry i want to this application does have a roof deck yeah my apologies i took

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this case from another council so i um i did not make the application myself but yes there is a

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roof deck on the plan and a roof

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deck access structure.

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So that's on top of the

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on top of the

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addition would be the roof deck

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and roof access.

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I didn't see that in the

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in the in the diagrams or

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drawings. So yeah, well, I think

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it's on most I think the

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access structure will be

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on the part of the addition

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itself

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will very likely be

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more

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in the existing

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roof

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because that addition is not very large

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okay so you're saying

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the roof deck will not extend all the way

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back to the addition

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no it will be the roof deck

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access structure I think

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will be laying on

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part of the addition

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but the actual deck

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itself

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will be part of the existing

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condition

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of the

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of the property

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is there a plan that shows that

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