civus
Hearing video

ZBA Hearing - August 10, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 10, 20224h 29m

them. Also, there are multifamily units right across the street that are far larger than these

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and very expensive. The neighbors that we spoke to, the neighbors who attended,

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believe that what we're offering them is something that folks who can't afford a large home

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can come into the new affordable and quality housing because it's on a corner.

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we do believe it makes sense here. Thank you. MI 2022-001-813-450 Sloan Street, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Thank you. My vote is yes. Thank you, Mr. Secretary.

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council. Number 13. MI 2022-001-688-615 Lendview Street. Kerbin Andre, applicant pro se.

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Letter of opposition from the Longcrest Community Association.

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Mr. Andre is coming back in as a panelist now, Chair.

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Good morning, could you state your name, please?

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Mr Andre

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do we see his hand oh good morning yeah good morning um could you state your name and spell

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for the court reporter, please? Yes. My name is Kervin Andre. The first name is Kervin. It's K-E-R-V-I-N-E.

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And my last name is Andre. It's A-N-D as in David, R-E. Right. Do you swear or affirm to tell

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the truth, the whole truth, and nothing but the truth? I swear. And you're the owner of the property?

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Yes. Okay. Our board secretary has a few questions. Okay. Good morning. Good morning.

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did you email the exhibits and documents required such as proof of ownership tax clearance copy of

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refusal and referral pictures of drawings of the property within five days in advance of this

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hearing and did you meet with the rco and do you have a letter yes i did okay uh please proceed to

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share your screen. Okay. Mr. Chair, this is Hillary. Can we read the refusal into the record,

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please? For the creation of garage spaces into an apartment in the same building existing two-family

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household living as previously approved, total three dwelling units are in the building.

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The proposed multi-family household living is prohibited in the zoning district. Three parking

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spaces are required and none are proposed. Okay. Um, I'm sorry, I'm just going to bring up the plan.

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Um, where's the letter? Okay, so I received the letter from the RCO and there were a total of 50

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people attending but it appears that um 19 were opposed to um to the plan and five are in support

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to the plan and five are in support, but the remaining people there, I guess, didn't vote.

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but the remaining people

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But the issue is for, they told me it's because of safety.

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There were not, they said that the requirements for safety for the exit and entry.

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Now, with the plan, and I tried to explain during the meeting with the RCO,

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that the exit with the labor industry construction code, it requires an exit in the bedroom.

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And it's right here in the bedroom.

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There will be one window where the person can exit from.

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And also there will be a door, which is another exit.

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And there will also be a second window in the living room area.

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And in addition, there's also, because this plant is, this apartment will be built in the garage.

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So there's also a door here that, let me bring a door to the room.

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One second.

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So here it is.

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So right here where there's a blue arrow, there's a door.

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So this door is basically there will be four way of exiting this place, the apartment.

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So this door leads to the basement area where there's laundry.

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And then right here, okay, so that's the basement right now.

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But I just have clothes in there.

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So it looks a little messy.

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um but right here is the door that will be the second door that will lead towards the basement

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and then right here there's a stair where they can also go up the stair and that's still the

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stairway and the stair leads directly to the front door of the property um and this door um it's the

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communal door for the other units because there are two other units in the building. So this

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door right here is the communal door. So the person will be living in this apartment will be

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able to get out either from the basement or the front door right here that leads directly to the

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driveway. And I can show you a picture of the exterior. Okay, so that's what the exterior

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looks like right now. The garage doors will be removed and they will be replaced with window

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and the door and another window for the living area. And as far as safety, with the construction

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code, they will need an exit door that leads directly to a public walkway. And that's basically

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the plan will meet the requirements

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because it will be directed to the driveway outside.

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And as far as for the parking issue,

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there's always parking in the neighborhood.

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And because it's a one bedroom,

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there will not be, even if one person,

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there will be just one additional car.

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And if it's two people,

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maybe there will be two additional cars

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in the neighborhood,

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but it will not create any conjecture.

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So that's why I'm,

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i'm respectfully requesting for my zoning change to be granted

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um questions from the board no mr chairman no mr chairman

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no mr chair i'm good okay questions or comments from the virtual audience

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chair we have dylan mahoney mr mahoney you can unmute yourself and wait for the chair please

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good morning hi good morning mr mahoney could you state your name for the court reporter please

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and spell it name is dylan mahoney d-i-l-l-o-n last name m-a-h-o-n-e-y all right do you swear

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or affirm to tell the truth the whole truth and nothing but the truth yes sir proceed sir

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um again dylan mahoney here from the office of councilwoman parker we received a letter of

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opposition from the long crest uh community group that heard the case um i was at the meeting there

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was um there was concern about safety there was also just concern about the addition of a third

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unit um at the property there are other duplexes in the area but um as far as we found no triplexes

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the unit would be accessed in the rear of the property which would add obviously additional

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traffic to that alleyway in the rear and the office does not believe that there's any hardship

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necessitating the addition of the third unit. Thank you. Thank you Mr. So I'll give you a chance to respond.

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Thank you, Mr.

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So I'll give you a chance to respond.

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I'm going to see.

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Is there anybody else in the virtual audience?

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Chair, I see no hands at this time.

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Do you want to comment?

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Yes, I do want to comment because, okay,

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there actually will be a hardship because my main,

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the main reason why I do want to create another unit,

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it's because my mother is getting older and she might have to live with me.

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that will be actually because there's no stairs that actually when the time comes it will be a

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good appointment for her to move in and be with me so that's another shift for me also because I

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cannot help her leaving somewhere else where it will help me if the apartment is already ready

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and she can just move in. Thank you. Planning Commission. Thank you sir. David Fecto, City

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planning commission mr chairman and members of the board the comprehensive plan recommends no

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change to the residential single family zoning at this location this building and those on this

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block were intentionally built as duplexes the applicant has failed to demonstrate that a

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hardship exists that would prevent the building from continuing to be used as an inconformance

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with the zoning code and that is for as a duplex the city planning commission recommends that the

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the board denied the use variants for a third dwelling unit.

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Thank you, MI 2022, 001 688, 615 Glenview Street.

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I vote no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is no.

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Thank you.

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Number 15, MI-2022, 001-684-6811 Quincy Street, Roger Perry is the attorney.

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WEST MATTERY NEIGHBORS ASSOCIATION VOTING UNANIMOUSLY TO SUPPORT THE REQUESTED

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VARANCE. NO FORMAL LETTER RECEIVED. CHAIR, MR. PERRY IS COMING BACK IN AS A PANELIST NOW.

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THANK YOU. APPLICANT ALSO PROVIDED 10 FORM LETTERS OF SUPPORT AND APPLICANT ALSO PUT

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the petition of 29 neighbors. Mr. Perry, could you state your name and spell it for the court report?

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Hi, good morning. Thank you, Mr. Chairman. My name is Roger Perry. I'm the attorney for the

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applicant owners in this property. It's R-O-G-E-R, last name Perry, P-E-R-R-Y.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Could you identify your client in relationship to the property?

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Yeah, I represent Dottie and Jerry Klein. Dottie is on title, but both of them are interested parties and owners of the property, and they have been in residence at this property on Quincy Street since 1995.

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Our board secretary has a few questions.

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Good morning.

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Good morning.

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Do you agree to waive the reading of refusal of the referral and stipulate to his accuracy?

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Yes, I do.

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Did you email all the exhibits and documents required, such as proof of ownership, experience, copy of refusal or referral, five days within this hearing?

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Did you meet with the RCO and do you have a copy of the letter?

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Yes, as to all of those questions.

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Okay, to proceed and share your screen.

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Okay, I have, let me see what we've got here, see if I can rotate this to the right.

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Go back up here. Okay, I've submitted somewhere I should be on here.

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We don't see it yet, sir.

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Uh-oh.

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Are you hitting the green button to share screen?

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There it is.

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It's coming.

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It's coming up.

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Okay.

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Yeah.

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Okay.

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14 exhibits.

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I had two shares on there.

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14 exhibits are being submitted.

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Application, the deed for the clients as the owner and the clients are here today to

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listen to the presentation and adopt it later on the I was trying to expand this for the board

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Just trying to expand this for the board.

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here's the refuse

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Here's the refusal, which has been agreed to.

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Essentially, 6811 Quincy Street has been a long-term multifamily use.

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The refusal was that multifamily was prohibited in this district.

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The property goes back, and I'll show this historically as a four-family use,

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But what happened with use by the family members and other intervening factors, the permits lapsed.

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So although it's been continuously used as multifamily, and I'll show you the photographs, they've requested now to reduce it from what was previously four families to three families now, two in the main dwelling.

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And here's the old application, which approved four families, three in the main house and one in the carriage house, which is in back.

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This is the site plan. Let me see if I can locate this clockwise and expand it a little bit.

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So this shows both the main house, which is already metered for two families and so forth.

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This is, and also shows the carriage house, one and a half storage, which is requesting one family use.

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This is the designer's photographs, and I have some additional photographs for the board of the posting and so forth.

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Let me go and show you the photos.

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Okay, so this is the photos that we took when we posted the property, 6811 Quincy Street.

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They'll give you an idea of the size and ongoing.

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This is the front of the property, the front porch.

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This is the back of the property of the main house. You'll see there's a lot of open space here and there's also a yard behind the carriage house. This is the carriage house ancillary to this application. There's a request for four parking spaces. Parking pre-existed as well when this was four families.

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This is the carriage house, which is requested to be a single family. This is a separate rear yard that the carriage house has. Neighbor's property here, you can see it's similarly situated across the street.

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There are a number of multifamily properties in the neighborhood. The front house has already been metered because it was used for multifamily for years and years, you know, going back to 1995, I believe.

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Let me see what else I've got here.

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Certification, mailings.

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so all the mailings went out it's also good to note in addition to the letter of support that

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Mr. Pincus has submitted on behalf of West Mount Airy Neighbors Association there are approximately

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oh 25 or 30 neighbors who filed petitions in support of this particular use and the board

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already has Mr. Pincus's letter, but here's a copy. It's listed as Exhibit 14, copied to the

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board, but it just went out and wanted to make sure it got to the board. And this was a letter

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of support by the West Mountain Area neighbors and so forth. Because this is essentially a

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no new construction is anticipated. This is a request to legalize the two families in front.

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the one family in the carriage house, and the four parking spaces and so forth.

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I don't know, let's see if there's any, there's the, essentially the overview for the board.

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I'm open for any questions in terms of, you know, the history.

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Do you want to have your testimony adopted?

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Yes, thank you.

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Dottie, are you there?

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Can you raise your hand?

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we asked someone by the name of Gerard Klein

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I'm sorry

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we asked someone by the name of Gerard

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Klein yes that's me

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that's Jerry okay is

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Dottie there also Jerry

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hi could you state your name

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and spell for the court reporter please

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okay I'm Dottie

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D-O-T-T-I-E Higgins

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H-I-G-G-I-N-S

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Klein, K-L-E-I-N.

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And I am Jerry Klein, J-E-R-R-Y-K-L-E-I-N.

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And I am Jerry Klein,

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J-E-R-R-Y

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K-L-E-N.

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Do you both swear or affirm to tell the truth, the whole truth and nothing but the truth?

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Yes, of course.

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Okay, particularly, Dottie, you're entitled to the property.

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