civus
Hearing video

ZBA Hearing - August 31, 2022

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

here is that there's no dry bile the reason why these zoning my understanding is that the reason

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why these zoning um uh refusals are here is because these lots are deeded separately they

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are considered to be this is considered to be almost commercial use and so for commercial use

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you would need a dry vial but this would be personal parking for myself and my fiancee soon

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to be husband on sunday um for us to to park on the street as the density is increasing in the

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neighborhood um and then the final one was that accessory parking is not allowed um in this zoning

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However, I believe that if these two were deeded together, which would be very complicated

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with my existing mortgage, that this would perhaps be a buy right accessory parking.

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I think that those are the three biggies.

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Could you show us the photos of what it looks like now?

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yes sure let me close this one and

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apologies

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not that one please

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Where did they go? Did I close it? Uh-oh. Oh, I know where it is. Here we go.

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Sorry, I accidentally closed the browser.

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um

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this one nope the next one

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this all pulled up i apologize

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here all right so this is looking at the property this cinder block wall here is the wall in

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question this is it more front on so this is the this is my home that i'm currently and you're

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going to make a part you're going to park two cars there too right that that would be the idea it

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take two you would need a curb cut yes which which was approved by streets however it was

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denied by zoning because this is being treated as a separate um a separate lot and here's it from

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an angle here's it uh here this is my home and another parking um accessory parking that is

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on the same block and then here again is is the lot and the final photo here

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the board, in 2015, this block was rezoned from I-2 industrial to RSA 5 residential in accord with the recommendations from the comprehensive plan.

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The proposed use of this lot for off-street parking conflicts with the comprehensive plan's proposed residential land use at this location.

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the use also displaces housing and decreases pedestrian safety while offering no benefit to

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car owners other than the applicants as at least two on-street parking spaces would need to be

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removed to accommodate the standard curb cut being proposed lastly parking access on this street

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frontage is prohibited regardless of how the property is deeded because parking must be from

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a shared drive aisle or rear street in this zoning district city planning commission recommends that

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board deny the variance. If the board's inclined to grant, we would recommend that the board add

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a condition limiting the term of the variance to three years. MI 2022 002211 2142 East Susquehanna.

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I vote yes with proviso, revised plans, three pages, stamped by ZBA on August 31st, and this would go until October 1st of 2025.

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Carol Tenneri, yes with provisos.

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Thomas Holman, yes with provisos.

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James Snell, yes with provisos.

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Ishmael Shaheed, yes, we're provisional.

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Thank you.

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Number 10, MI 2022, 002215, 15035 Payton Street, Cyril and Tina Costello,

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letter of support from Somerton

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Civic Association

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a letter of

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non-opposition from Councilman

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Brian O'Neill

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Mr. Evers coming back

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in as a panelist now Chair

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Thank you

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Thank you

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Thank you.

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We're going to be starting.

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He should be popping back up as a panelist now, chair.

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dpz zoom i keep trying to promote mr everett's a panelist but he's not moving

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okay i will give it a give him a try so mr let's see his name just disappeared paulie

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so maybe he's coming back in now okay thank you yeah sure i'll keep an eye out for him

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okay actually we should only have the person who's going to present for this case

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raise your hand only if you are the applicant who will present for this case all other hands go down

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please no okay now we have an alexandra costello is that the person who should be presenting

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can you hear me guys

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yes

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hello can you hear me

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yes okay i don't know why i came up my daughter's name i'm sorry but my name is

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sarah costello i will be presenting for the property 15035 payton street

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okay can we pause for one second please yes

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hi carol yes um vice chair i'm sorry i meant to say vice chair

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can you um resume the session um chair bergman had to step away okay are we um did he swear

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no we didn't do anything yet we just need to make sure that the person

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who should be presenting has come forward okay so i'm looking for cyril and tina costello

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yes yes um go ahead yes please clarify who you are

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Yes, this is Sarah Costello. For some reason, it came up my daughter's name on here. I'm sorry for that.

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i see i see alexandria that's okay yeah um calendar number mi2022-002215 the address is

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15035 peyton street this is an application for the erection of an addition at the side and above

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an existing detached structure and the alteration of two existing off-street garage parking spaces

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to living space for no change of use from single family household living one use refusal is

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surface parking spaces are prohibited in required side yards and two such parking spaces are

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proposed there is a note here also the property is zoned rsd-1 and one parking space is required

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I now have additional questions. I'm sorry. Vice Chair, could you please, could you please have

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them put their name on a record and swear them in? Sure. That was, I was doing that next. Can

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you put your name on the record and spell it for the court reporter? Yes, my name is Cyril Costello

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and it's spelled C-Y-R-I-L-C-O-S-T-E-L-L-O.

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

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance,

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a copy of the refusal or referral, photos and or plans of the property

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five days in advance of this hearing,

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and have you met with the RCO and do you have a letter?

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Yes.

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Okay, you may proceed and begin by sharing your screen.

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Okay, can my brother-in-law, Gene Caputo,

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please share his screen on my behalf?

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He has all the paperwork.

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Yes, as long as you present it.

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Okay.

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And Mr. Costello, this is Hillary Emerson.

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Can you please turn on your camera so that we can see you?

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Oh, yeah, let me see how you do that.

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Oh yeah, let me see how you do that.

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Thank you.

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Thank you.

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Bye.

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Okay.

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Okay, Jean, can you share your screen?

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Okay, you're back.

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I'm back.

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Okay.

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okay there's your notices up okay so um what we're trying to do here is my my

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father-in-law passed away about four years ago uh my mother-in-law is is older and feels unsafe

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living in our house by herself so we're trying to add on a second floor to the garage which would

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create a bedroom and then make a garage like a little little living space for her as you can see

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the garage is to the left currently we do not use the garage for any parking it's just their storage

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we use a two-car driveway as you can see it for our parking for parking our vehicles

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we went up into in front of the summer and civic association and we got unanimous approval about

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raising the roof on the garage and creating a second floor we feel this is the most aesthetic

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um pleasing way to do this addition uh all the neighbors we sent out letters to all the neighbors

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there has been no refusal to it um you know and that's about it

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he let me ask you do you have what it's going to look like uh yes gene do you have that

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So I know the issue right now is the garage, but like I said, we don't use the garage as

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parking.

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There, there, there it is, okay.

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Yes.

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how many square feet is that that's only adding on 400 more square foot to the house

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okay questions from the board no mr chair no mr chairman no mr chairman questions or comments

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from the virtual audience.

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing zoning at this location.

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You can see from the photos, the property does have an existing driveway leading to

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the garage, and the existing driveway will be designated as the location for the required

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accessory parking space.

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um driveways are commonly used as off-street parking spaces in the surrounding neighborhood

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and throughout the city so the city planning commission has no objection to the granting of

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the variance thank you mi 2022 002 215 15035 peyton street i vote yes carol tennery my vote is yes

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thomas holland my vote is yes james snell my vote is yes ishmael shaheed my vote is yes

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good luck thank you okay thank you chair all right number 11 mi 2022 002 944 1909 south

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third street robert daly is the owner letter of non-opposition from the pennsport civic association

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He's coming back in as a panelist now chair.

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Mr. Daly

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Good morning Mr. Chairman

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Hi good morning

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Could you state your name please

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and spell for the court reporter

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Yes Robert Daly

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R-O-B-E-R-T

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D-A-L-Y.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Our vice chair has a few questions for you, please.

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Okay.

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Mr. Daly, have you emailed the exhibit packet consisting of proof of ownership, tax compliance,

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a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter?

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Yes. This is an application for the erection of an addition with a roof deck and roof deck access structure to an existing attached building for the use as a single family household living. There's one zoning refusal.

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Yes.

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This is an application for the erection of an addition with.

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If abutting lots on both sides of an attached building contain only two stories of the enclosed area, the stories above the second story of the attached house shall be set back an additional eight feet from the minimum distance between the required front facades and the front lot line, whereas the proposed has no eight feet setback from the minimum distance between the required front facades and the front lot line.

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You may proceed now and share your screen.

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One more.

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How do you do the screen screen more?

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And, Sarah, if you hover around the bottom of your screen with your mouse, you'll see the share screen button.

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You click that and then click on the document that you're sharing.

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where stop it says oh share content okay screen got it

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you're up

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did it share the screen yes we see could you make it just a little bit bigger if possible yes

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Is that better?

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Yes.

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I see Pennsport Civic Association.

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Yes, this is my letter from the RCO.

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I have full support and no one from the community opposed.

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Next is my refusal letter from L&I.

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Here is a street view of my proposed plan to go straight up for the variance, but no setback.

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like the property goes straight up with the roof deck

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here is the current image from the north view of the house my house is the one with the awning

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here goes the straight on view and here goes a view facing south with also my house the green

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awning you can see no addition there here is uh some plans some floor plans for the property

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In my appeal letter that I submitted on April 20th, my mailing receipts, a few of these.

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The list that I sent all the addresses, all the addresses I mailed to everybody to.

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Here goes my tax clearance letter.

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A copy of my deed.

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I didn't mean to go so fast, sorry, copy of the deed, tax transfer cert, there's a street

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plan review, this is the checklet, the building, the building permit plan review, the notice

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for today, there's a continued hearing that we are here today on August 31st, and then

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And next, I have some images of properties that are three stories straight up with no setback, right within walking distance, actually on the street.

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I have a few pictures that I took of everybody in the area.

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And that's my images for today.

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Mr. Daly, explain why you want to do this.

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I just wanted to have more living space for my house.

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I don't want to lose the setback of eight foot.

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Okay.

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All right, thank you.

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