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Hearing video

ZBA Hearing - August 31, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 31, 20227h 0m

Chair, we have a David Garcia with his hand up.

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Okay. Mr. Garcia, please unmute yourself and wait for the chair.

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Okay. Mr. Garcia, please unmute yourself and wait for the chair.

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Mr. Garcia, could you state your name and spell for the court reporter?

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Yes, Mr. Chairman. David Garcia, ID number 54351, last name G-A-R-C-I-A.

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And is that your case 515 West Erie?

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yes sir um we're requesting a continuance on the basis that we met with the rco and they want us

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to meet i believe with a selected subgroup of that community group which we're in the process

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of scheduling good good thank you that case will be continued mr chair did you swear in mr garcia

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yes ma'am i thought i didn't make that in i don't think you did wait a minute wait a minute

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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 so affirm.

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Your case is going to be continued.

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Thank you, Mr. Chairman.

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May I be excused?

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You can be.

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Is there anyone else that would like to continue their cases on the 330 list?

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Chair, we have a Ken Wood with his hand up.

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Mr. Wood, please unmute yourself and wait for the chair.

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Yes, good afternoon.

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Mr. Woods, could you spell your name, state your name, and spell for the court reporter?

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Kenneth Wood, K-E-N-N-E-T-H, W-O-O-D.

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Do you swear a firm would tell the truth, the whole truth, nothing but the truth?

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I do.

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What case is yours, sir?

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I was on here for since 2 p.m. waiting to speak about the 2507 Almond Street.

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I never got called.

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That case-

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My hand was raised for a while.

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Listen to me.

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Listen to me.

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That case was continued. We did take testimony from the neighbors, and that case will be decided

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on the 14th of September. Chair, he's been muted. You can continue. Is there anyone else

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would like to have a continuance? Chair, I see no hands at this time.

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I say to Tanya, that leaves us with four cases.

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that sounds wonderful chair thank you very kindly thank you all right so we go here case number

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okay MI 2022 001308 8330 Millman Street this is a resumption hearing but Mr. Primavera and Bodie

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both please be admitted and we'll swear them in. Mr. Primavera is coming back in now as a

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panelist, Chair. Mr. Brody, I don't see his hand as of yet. Okay. Mr. Chairman, members of the

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board, Carl Primavera, I am here. Hi, could you spell your name for the court reporter? Yes,

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It's C-A-R-L and Primavera, P-R-I-M as in Mary, A, V as in Victor, E-R-A.

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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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Thank you.

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Mr. Bonney should be coming back in as a panelist now, Chair.

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Good afternoon.

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Hi, Mr. Bonney.

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Could you state your name and spell for the court reporter, please?

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Yes.

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Paul Bonney, B as in boy, O-N-I, four letters, Bonney.

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Thank you.

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

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I do.

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And I think Hillary has spoken to both of you.

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We're going to try to do this within an hour, right?

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Correct.

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I remember correctly here, we left off, and I think Mr. Boney was going to cross-examine the architect.

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Is that right, Mr. Pruitt of Error?

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That is correct, Mr. Chair.

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So could we get the architect to come on, please?

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Yes, it's going to be Donna Lyle.

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She previously was sworn and testified.

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Okay. Well, just for the record, we'll swear her again.

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Thank you.

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Ms. Lyle is coming back and is a panelist now, Chair.

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Thank you.

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Okay. Hello. I'm here now.

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Could you state your name and spell for the court reporter?

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Yes. Donna Lyle.

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And it's spelled, the last name is L, as in Larry, I, S, as in Sam, L, E.

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And it's spelled the last name is L as in Larry, I, S as in Sam, L.

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Right.

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

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Yes, I do.

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Mr. Boney, proceed.

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Thank you.

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I'd like to share my screen.

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Okay, thank you.

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Good afternoon, Ms. Lyle.

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Afternoon. Good evening. Safe to say that you've been to the Venturi house many times, is that correct?

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Yes. Okay. You've gone to all parts of the house, the first floor, the second floor, the basement?

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Yes. Okay. I'd like to go over with you. Oh, I see your video. Nice to see you.

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Let me move this to the side.

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Members of the board in the applicant's exhibits, there aren't many, I don't think there may

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not be any photos of the interior of the house.

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And so I'd like to show photos of the interior of the house.

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And, you know, I think Ms. Lyle's familiar with them, so she can confirm that this is, in fact, the house.

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The first set of photos I'd like to show are in our Exhibit E, which is the MLS listing from 2016 that's still online and contains many photos.

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So I'd like the board and the witness to take a look at these photos.

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This is just the first page.

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Then there's some statistical information.

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And the exterior of the house, a plaque.

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And then here is the first floor, a picture of the first floor.

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Is that correct, Ms. Lyle?

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Yes, that's looking toward the front of the house.

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Okay.

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And this is sort of spun around a little bit, looking in a different direction?

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Toward the living room.

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Okay.

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That's a marble floor in the foreground?

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It's a marble tile.

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Okay.

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This is a little bit closer up?

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Correct.

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Still on the first floor?

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um correct okay i'm just i'm just going to go through quickly in the interest of time

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uh still you tell me if i say something wrong still on the first floor this is the fireplace

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um still on the first floor a little further back looking at the fireplace um and sort of the living

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room area um these are i just want to say these are old photographs it's it's not the same furniture

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and being real estate photographs they've used a zoom lens. Okay well I yes thank you for

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clarifying this is not the same furniture at all this is I guess the prior owner's furniture

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or staging or something like that but you're saying maybe a wide angle lens or a zoom lens?

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A wide angle. Yeah. Okay. Thank you. But, but otherwise it's representative of what we see.

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Okay. This is the kitchen. Right. Okay. Stove, microwave, dishwasher.

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Oh, I hit the wrong button. Okay. I made it bigger. This is a little closer up of the kitchen.

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This is the stairway to the second floor that constricts in width as you go up. Is that correct?

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That's right.

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Okay. This is, I guess, looking down the stairwell.

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Yes.

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This is the second floor bedroom?

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Correct.

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Okay. This is a different angle of the second floor bedroom.

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um this is from the bedroom as if there was a third floor which there isn't

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this this is the famous stairway to nowhere or stairs nowhere um this is the bathroom on

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the second floor is that correct yes okay this is back to the first floor

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This is back to the first floor.

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uh

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One of the bedrooms which looks like it's being used as a home office.

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This is also the first floor. Both bedrooms on the left side as you're looking at the house.

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I see. Okay. Okay. Thank you. This is the bathroom on the first floor, correct? Yes.

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Okay it's got cabinets to the left. Is that right? Yes. Okay and to the right you can see

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just barely the tub. Yes. The shower curtain. Yes. Okay thank you. And this is from outside

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I guess looking in a little open space area and then here are some exterior photos. So I'm gonna

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Correct.

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Okay.

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By the way, the MLS, I could go back a few pages, but the MLS mentioned central air.

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Are you familiar with whether it has central air?

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I assume that it does.

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I've been there.

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It's been cool.

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I think it does.

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Okay.

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And it has a washer dryer?

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Yes.

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Okay.

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And it has a basement?

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Yes.

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Okay.

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Is it sort of a full basement?

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It's a partial basement.

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I'm trying to visualize where it stops.

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There's a lot of mechanical equipment.

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I can't quite visualize if it extends under the whole thing.

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I don't think it does.

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I think it's partial.

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Okay.

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Maybe we'll ask Mr. Lockhart when we get to him.

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The MLS listed full, but the MLS is not always accurate.

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I'm now going to show you, this is an article from posted on WHYY, I'm guessing you may

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have seen it before, I just want to show you some other photos.

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Is this at the top the entryway or the entrance to the house?

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Yes.

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Okay. That was on page 119 of our PDF. I don't think this really shows much new here, so I'm going to continue on.

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i'm going to show you one last set of photos from a book called mother's house

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you're familiar with that book is that correct yes okay you i think quote from it or have a

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image of it and your materials that you submitted to right maybe the rco is that correct

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Mm-hmm. Okay. Do you own a copy of it?

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Um, I do. It's my husband's, but I do have one. Okay, that counts. So this is, I guess,

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some older photos of the Venturi House, but it shows, again, the first floor.

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Again, the first floor. This is the second floor looking down the stairways. This is the

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fireplace. Again, the fireplace, the stairs, and the entryway in the back. This is the bedroom,

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the second floor. I guess there's a little veranda, I don't know what you call that,

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on the second floor, a little outdoor seating area. Oh, and there they are at the top sitting

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sitting at the outdoor uh sitting right there um okay and those are the exterior i guess this

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goes down to the basement is that correct yes okay

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um council just for just for a minute could could i uh could you tell me where this is going because

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it's all internal i mean could you give me a sense of what you're trying to do here

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yes we're talking about they want to build something a little further away right so could

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you give me a sense of where we're going yes absolutely thank you and that's the i'm finished

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with the interior photographs but thank you for asking so yes this application seeks to build a

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separate structure uh for what they're calling an adu which is a accessory dwelling unit two bedroom

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two bath, kitchenette, et cetera, separate from the house, close to my client's property.

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Right. I understand that.

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That's why we're here. But in order to grant a variance, the zoning code said

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um but in order to grant a variance um the zoning code says that you have to show a hardship

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and so one of the things that the zoning code says is that because of the physical conditions

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of the property there's no there's no possibility that the property can be used in strict conformity

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with the provisions of the zoning code so um and that the authorization of the variance is necessary

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to enable the valuable economic use of the property.

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So, you know, one of the things-

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You're done with inside.

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I'm done with inside.

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We're showing you how beautiful the house is,

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how, you know, first we're just showing how beautiful-

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And I do really appreciate that.

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But remember, we're trying to do this in an hour today.

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And I'm not telling you not to,

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but I'm just saying we appreciate the beauty

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in all the rooms,

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but I think we still have to move ahead.

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