civus
Hearing video

ZBA Hearing - February 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 23, 20224h 10m

truth i do proceed uh councilwoman has no opposition to granting this variance thank

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you very much for calling in. Anyone else in the virtual audience? Chair, we have a Deneen Brockington.

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Ms. Brockington, you can unmute yourself and wait for the chair.

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Could you state your name and spell it for the court reporter please? Sure. Can you hear me

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first can i am i being heard you are dene brockington that's d as in david e n e e n e

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uh b as in boy r o c k i n g t o n right do you swear for him to tell the truth the whole truth

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nothing but the truth i do i guess i do proceed proceed hi so my name is dene brockington and i

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I am the chair of the Penn Knox Neighborhood Association, the RCO in which this property is located, and we are in support of this variance.

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Thank you very much, and thanks for calling in.

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Anyone else in the virtual audience?

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I see no other hands at this time, Chair.

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Planning Commission.

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Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission. Members of the board, the comprehensive plan recommends no change to the existing residential single-family zoning at this location. However, as we've seen, the property has a long-standing accessory structure, and the primary structure at over 4,000 square feet is exceptionally large for a single dwelling unit. City Planning Commission recommends that the board grant this variance.

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Thank you, Anne. MI 2021-004-054-147 West Schoolhouse Lane, I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Harleman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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all. MI 2021 003972 2154 North 9th Street. No RCO letter from APM at this point. Mr. Ward.

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

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Yeah. Could you state your name and spell for the court reporter, please, Mr. Ward?

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Good morning, Mr. Chairman. Sean Ward, S-H-A-W-N-W-A-R-D, attorney for the applicant.

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akshar patel who is present today i asked him to raise his hand when the case was called so they

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can locate him quickly right do you swear or firm to tell the truth the whole truth and nothing but

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the truth do you swear or firm to tell the truth the whole truth nothing but the truth

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yes i do our vice chair has a few questions hi mr ward do you agree to waive the reading

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of the refusal and stipulate to its accuracy?

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Carol, I'll waive the reading of the refusal.

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There is one inaccuracy regarding the square footage of the existing lot.

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I'll address that in my presentation.

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And for the record, I did submit my exhibit packet, and the RCO did submit a letter, although

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yesterday or the day before.

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So as required, everything has been submitted?

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That's correct.

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i have i have a copy of the letter it's included in my uh in my presentation okay great you may

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proceed thank you all right if we could confirm that everybody can see my screen

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yes mr yes we can sir excellent thank you uh mr chairman i've submitted my typical exhibit packet

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which includes, I'm going to get this out of the way. Okay. It's the zoning refusal.

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There is one inaccuracy. However, the application is for a permit for a two-family dwelling in an existing, and I would add, a dilapidated vacant three-story structure.

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There is one inaccuracy. However, the application is for a permit for a two-family.

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It resulted in one refusal. The required lot area for the project is 850 square feet versus what we have is 798 square feet existing.

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very quickly. The refusal indicated that it was 759 square feet. However, we submit that

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both according to the deed and city records, it's 798 square feet. Therefore, we seek a variance

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for 52 square feet, which is what we consider a dimensional variance. A2 is the ZBA application

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of appeal. A3 is my project information form. A4, proof of ownership. A5, proof of tax clearance.

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A6 is the floor plans. A7 are photographs of the subject property, aerial views, street views.

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Again, A8 is the RCO letter, including the notice of meeting, the address list,

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a certificate of mailing, and the RCO's letter of support. If a letter was submitted by district

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counsel, I would ask that that be marked A9 for the record. I did not receive any copies of any

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letters, so I'm not sure if one was submitted. A10, relevant zoning history. The only thing I

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could find was that this property was vacant since at least 2014, and that was the subject of a

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violation notice, which was complied back then, well before my client purchased the property.

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A11 is the zoning map. A12 is an aerial photograph. And very briefly, the application proposes two apartments. Unit A would be on the first floor. It's a one-bedroom, one-bath, approximately 560 square feet.

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Unit B is actually the second and third floor.

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There's a loft area on the third floor.

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That is a two-bedroom, two-bath unit, approximately 600 square feet of livable floor space.

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The basement is proposed for storage, mechanical, and laundry for unit A.

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So again, we submit that the refusal incorrectly indicates the existing lot is 759, whereas

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we have 798.

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The eight, the lot is 56 feet times 14.25 or 14 feet, three inches, which results in 798 square feet.

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Multifamily is specifically permitted in the RM1 district, and we are short by 52 square feet for the two units.

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And we would submit respectfully that it's a de minimis variance request.

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So very quickly, again, let me just zoom out.

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We have the notice of refusal, copy of the deed, proof of tax clearance, the floor plans.

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Again, it's a one-bedroom unit on the first floor.

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Basement is for utilities and storage, mechanical.

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And then the second and third floor constitutes unit B or two.

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here is our notice of the meeting sent out to all of the neighbors a substantial list of neighbors

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that the application and notice went to again 211 homes were mailed to by our mailing company vista

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on February 9th we met with APM two of the affected community members attended

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They both voted in support. Therefore, APM submits this letter of support for the project as they recognize the fact that a vacant dilapidated property is going to be restored and put to valuable residential use.

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As you can see on the block in the aerial photograph, there's numerous vacant lots on the block.

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Again, just another angle shot. We are this end of the existing row, certainly not the end of the

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row because there's vacant lots next to us. Again, just another shot. You can see the boarded up

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windows and front door. Across the street, you'll notice numerous vacant dilapidated properties.

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We would submit that this block is ripe for adaptive reuse and redevelopment, and we're glad to start the trend.

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Here is the zoning map. As you can see, it is in an RM1 block.

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The highlighted unit right here is the subject property.

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Again, city records indicate the property is 56 feet by 14.25 feet.

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I'm not sure where the discrepancy came up with the examiner.

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However, we submit that it's 52 square feet short of the required square feet.

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We submit that it's 52 square feet short of the required square footage.

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At this point, I would ask that Akshar Patel be permitted to speak to verify and adopt.

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Mr. Patel, you can unmute yourself and wait for the chair.

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

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Yes, my name is Akshar Patel.

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It's spelled A-K-S-H-A-R.

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Last name is Patel, P-A-T-E-L.

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

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Yes, I do.

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Proceed.

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Yes.

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Thank you, Mr. Chair.

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Akshar, you've heard my representations to the board this morning?

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Yes.

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Are they true and correct to the best of your knowledge, information, and belief?

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Yes.

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And would you adopt them as your own testimony?

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Yes.

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at this point mr chair if the board has any questions for either me or mr patel we'd be

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more than happy to uh questions from the board no mr chairman no mr chairman no mr chairman

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no mr chairman questions in the virtual audience

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i see no hands at this time chair planning commission thank you chair bergman ian hegarty

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for the philadelphia city planning commission members of the board comprehensive plan recommends

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no change to the existing rm1 multi-family zoning at this location as we've seen this proposed

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variance is minimal and does not conflict with the purpose and spirit of the zoning code city

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planning commission recommends that the board grant the variance mi 2021 003972 2154 north 9th street

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i vote yes carol tenery my vote is yes thomas hollywood my vote is yes james snell my vote is

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yes mr chairman members of the board thank you very much have a great day great you too

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hi chair this is tanya yep so on number nine the gentleman that

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came forward at the beginning of the hearing was Jerome Adams.

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He wasn't there for the last case, and he did request a withdrawal.

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Thank you very much.

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You're quite welcome, sir.

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MI 2021-004014-2813, North Krosky, that's withdrawn.

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M-I-2021-004056-5927 Hegerman Street.

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No RCO at this point.

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Chair, we have a Wayne Hackney who's coming back in as a panelist now.

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Okay.

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

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Hello?

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Excuse me, sir. You need to unmute yourself.

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hover on the bottom left yes got it could you state your name and spell for the court reporter

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yes wayne hatley w-a-y-n-e-h-a-t-l-e-y do you swear for him to tell the truth the whole truth

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nothing but the truth yes our vice chair has a few questions for you hi mr hatley i'm assuming

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you've submitted all of the required documents consisting of proof of ownership, tax compliance,

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a copy of your refusal or referral, photos and or plans of the property, and you have met with

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the RCO and have a letter. Is that correct? I have met with the RCO. I don't know if he sent a letter

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or not. But you've sent it. Yes. Okay. Thank you. You may proceed. Thank you. I was just, this is

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It wasn't a refusal I got because from the original refusal I had received about three years ago, I had put a breezeway onto my house.

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They wanted me to put footings underneath of it.

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When I reached out to find out how much, it was just not cost worthy.

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So we took down the breezeway and then I got told I had to start all over again.

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So that's why I'm back to get the approval for just the shed itself.

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Bill, you're muted.

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Bill, you're muted.

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Jared, you have this one, a computer?

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Dirty, you have this one, a computer.

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Yes.

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Could you share it with us, please?

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I don't know how.

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Okay.

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So do you have your documents up on your computer now, Mr. Headley?

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I have them on a USB thing, on a USB on my computer.

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So let me see.

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Are they on your desktop currently where you can see them?

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They will be shortly, I hope.

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Okay, you're sharing now.

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And you can open that up and we should be able to see your file.

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Okay.

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Because right now we're only looking at your list of files.

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Okay.

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That was the application?

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So, Mr. Hadley?

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Yes.

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You might need to unshare and go back into the actual documents.

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We're only looking at your file list on the screen.

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Okay.

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let me get back into it

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can you see it now

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no it's the same thing

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can you close

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can you unshare

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double click and open up the exact

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items you wish us to view

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and then hit share

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okay

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okay

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Let me try that, but in the same spot.

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Okay, let's do this.

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That's why I'm having trouble.

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so do you have more than one monitor no i just have the one and you're working on a pc

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i'm working on a laptop okay and um as msunkett said if you click on like your pdf and have it

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opened before you share but that's what i tried to do and i have it open let me see if i can do

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this again this way. Okay, we see your computer, we see that

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you have your web browser open. Yeah. If you go to your

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documents now. And if you double click on one of them.

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can you see that we do yes okay so that was the application for the construction

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now how do i go further

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so if all of your documents are in there each time you just go in

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and double click on the one that you need

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zoning application for the zoning

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this was my building drawing that I had done construction of the building

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this was a deed to the house showing to me and to

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the Deb Conover

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my wife my side yard

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I don't know why I won't open that. It's just a picture, but I PDFed it.

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I'm sorry about that. This was the site plans that I drew for the

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the shed is down here in the bottom right. This is the zoning plans that I drew for the zoning.

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so it's a zba poster that i got from my rco they printed it up for me posted on my property

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certificate of tax

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city of philadelphia project information form

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this was the rco original letter when i first started they told me he told me put this out there

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because we've done all the mailings and everything from before this was the the appeal from the

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zoning board and this was the refusal letter that's everything i submitted

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The shed is up. The shed's been built. It's been up for about three years. I just haven't

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I just haven't finished it.

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finished it. I'm trying to bring up a picture of it if you want again, but

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I've been trying to bring up a picture of it

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