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Hearing video

ZBA Hearing - March 31, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 31, 20215h 23m

it's quite bright down there, but more lighting never hurts.

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We originally proposed five stories previously. We've cut that back to four.

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This is a view from Lee, looking to the right of page 51.

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Again, the siding on the back balconies and each of these shadows represents a parking space.

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We have five of those with this landscaping here. This is an amended application because

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we originally proposed this to have no commercial space on the ground floor,

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but after speaking with the community group with Mr. Wilson at F&A, understanding that the F&A

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would be in support of this project if we had the commercial space in the ground floor.

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I spoke with my client and they were amenable to changing that back to commercial space versus

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the original residential space that was proposed. As such, other than dimensional variances,

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it's my understanding that this proposal is entirely by right. We are not going to cause

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any harm to neighbors adjacent structures or city infrastructure. In fact, we're adding

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off-street parking, which as this board knows is a premium here in the city, especially where one

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cannot park legally on the street um with the support then of fma and um i hope also of council's

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office uh we'd ask the board to consider this application and uh grant a grant request for

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variance this matter mr mobile hill do you have your client uh mr rooks are you currently on the

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line if you are please raise your hand please raise your hand and when you're acknowledged

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Let's spell your first and last name and I'll swear you win.

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Okay, if not, Mr. Rookstool, Agata, are you in the line?

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I'm here.

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Oh, Bill, good.

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Bill, please state your name, spell your last name, give your address for the record.

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Okay, William Rookstool, and my last name is spelled R-O-O-K-S-T-O-O-L,

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and I live at 239 East Road, 18901.

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They're going to swear you win now, Bill.

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We're in a firm to tell the truth.

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The whole truth, nothing but the truth.

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Yes, I do.

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You've heard my testimony today to the zoning board.

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Yes.

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Is there anything you'd like to add?

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No, I think that summarizes it.

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To the best of your knowledge, has my testimony been true and accurate?

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Yes.

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You adopted as your own?

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Yes.

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Thank you.

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I don't have any other questions for you.

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Agata, are you on the line still?

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If you are, please raise your hand.

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already been allowed to speak sir yes can you hear me yes we can hear you agatha

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same as before please state your name spell your last name give your address for the record

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and then the chairman will swear you in um agatha reister a-g-a-t-a-r-e-i-s-t-e-r with

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landmark architectural design we're in a firm to tell the truth the whole truth nothing but the

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truth i do thank you mr mr reister you're the architect for this project yes uh and you've

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been involved in this project for several years? That is correct. How many years would you say

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you've been involved with this project? Since 2019. Have you been present for community meetings

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regarding this project? I'm sorry could you repeat? Yes my apologies. You were present for the

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community meetings for this project? Yes. And you heard my testimony with respect to Fishtown

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Neighbors Association request for commercial standing on floor? Yes. Is that true and accurate

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to the best of your knowledge yes have anything you'd like to add uh no um you adopt my testimony

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as your own today i do thank you agada i have no further questions for you um excuse me this is

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sharon seleta mr mulvihill just to clarify when you said that you amended your application you

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were not suggesting that you submitted a formal amended application to lni and correct you are

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amending it in effect by requesting that the board approve addition of commercial space either

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through plans or through proviso and um the last letter though you've spoken with the community

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organization since then the last letter that we have was the february letter that opposed it based

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solely on the absence of commercial space is that correct that's correct one moment and i will pull

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You did have the July letter that referred to, that would have supported it with commercial space.

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But would it be possible for you to, if we were to schedule some kind of hearing or just a time for you to come back, say close the record, except for getting another letter confirming that the, that FSA...

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except for getting another letter confirming that the that FNA now has no objection if we could hold

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close the record except for that and perhaps revised plans showing um the exact commercial

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space that you're proposing yes so uh Ms. Suleta and members of the board the plans that I showed

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today are the revised plans including the commercial space I am now sharing I believe

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which shows an email sent from fishtown zoning zoning at fishtown.org dated february 16 104 pm

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says see below so he's going back to this original proposal if so we approved it unanimously in which

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case you just withdrawal please review and let me know if what you're talking about proposing is any

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different from this and back in the office so call any time sign ian wilson w-i-l-f-n-a-zoning chair

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And attached to that is the letter that I've attached as part of our packet, the letter dated July 20.

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This might be July 20th, 2020.

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Still in support.

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And then separately, I'm now showing on my screen the meeting summary form dated 7-20-2020, indicating FNA's support.

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Okay.

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Thank you.

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That does explain it.

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It is put my name wrong on this.

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I'm going to have to talk to Ian about that.

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If I can offer a suggestion just then that the record be closed, that the board vote this next week after executive session, only for me to work out the exact language of the decision if it is to have a proviso.

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Excellent.

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All right.

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Okay, thank you.

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Is there anyone else who would like to testify in this case?

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If so, please raise your hand.

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No other hands at this time, Mr. Chair.

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Thank you.

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Planning Commission?

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I'm Bednar, City Planning.

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The property is indicated for neighborhood commercial mixed use on a city plan.

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Based on the revised plans presented today, we recommend that the variance be granted.

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Thank you.

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MI 2020-0031261233 North Front Street.

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The record is closed.

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The board will discuss this

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at next Wednesday's executive session,

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at which time we will render a decision.

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Great. Thank you, members of the board.

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You have a good evening.

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You too.

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Thank you.

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Calendar number 0055,

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1526 Manton Street.

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Anyone here for 1526

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Manton Street

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This is Sharon Saleta

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This is the third listing

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I know you said that's correct

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Yes that's correct

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One more time

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Anyone here for 1526 Manton Street

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no hands no thank you mi 2020 that's zero zero zero zero five five one five two six

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manton street my vote is to dismiss my vote is to dismiss dismiss dismiss here we go to number six

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Calendar number 1529-2120 East Arizona Street.

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And again, we are graced with the presence of Mr. Sean Ward.

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I think.

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Mr. Ward has been promoted to panellist again.

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Thanks, Jason.

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Hi, Mr. Ward, can you put your name and address on the record, please?

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Name and address.

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Oh, it is a pleasure to be back.

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Good afternoon, Mr. Chair, members of the board, Sean Ward.

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Again, 331.

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Okay, go ahead.

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Sorry.

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331 East Street Road, Tree Roast, Pennsylvania.

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19053 on behalf of the applicant you're still under oath do you also agree to waive the reading

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of the refusal and stipulate to its accuracy yes i do have you emailed the exhibit packet

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with proof of ownership tax compliance refusal referral photos and plans of the property five

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days in advance of this hearing and have you met with the rco and do you have a letter

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in advance of this hearing and have you met with the rco and do you have a letter yes yes yes and

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yes thank you you may proceed awesome thank you very much uh mr chair members of the board i will

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share my screen. Let me see which one it is here.

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This is not the one I want to share, but

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this one is okay i've submitted my typical exhibit packet which includes

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the

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notice of refusal this is a uh an application for a simple lot line subdivision relocation

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to create four lots from two deeded lots for use as single family dwellings

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It resulted in three refusals, one for lot size, 1,440 is required in RSA 5, whereas 570 plus or minus is provided for each lot, which is typical in the East Kensington area.

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The lot width 16 feet is required, whereas 12 and three quarter foot on each lot is existing.

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And the rear yard depth, I would point out that the lot one with the existing dwelling, which has since been sold, was going to result in a two foot seven inch proposed rear yard.

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However, prior to the sale of that property, the typical rear shed addition was removed, and therefore that lot now complies.

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So we're going to withdraw that request for the rear yard depth.

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So basically, we're just seeking two dimensional variances, one for lot size and one for lot width.

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uh a2 is the application of appeal a3 the project information form a4 is the proof of ownership

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a5 proof of tax clearance a6 are the site plans a7 are photographs a8 would be the letter from

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east kensington neighbors who we met with and they support the application uh i don't know if

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a letter has been received from the district council office if it has i would ask that that

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be marked as a nine a 10 is the relevant zoning history uh in uh for 2120 east arizona uh again

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we have a copy of the permit for the rear shed uh demolition and there was a small two-story

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addition added to the back of the property uh but that complies with the rear yard um setback

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So again, that's not an issue. And 2122 East Arizona, there has been erected a new three-story single-family dwelling, and this application will make way to allow us to develop the properties on Dakota Street, which is the rear street.

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And then I have some relevant zoning history just for the board's edification that, as you can see, the lot sizes are similar to that which we propose.

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You know, going from 2119 down to 2115, you get 446 feet, 435 feet, 569.

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and then further down the block 213 211 and 2109 uh these were some of these were recently

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subdivided and they are 489 square feet um let me get out of the screen so um so in the packet

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is the notice of refusal might transmit a letter to the board uh with the appeal

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uh the application of appeal the notice of refusal project information form the deed

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um the uh proof of tax clearance showing that the property taxes have been paid um again

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uh 2021 is due today if i had to check i would suggest that they have been paid

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uh if not they'll be paid by the end of the week um uh with regard to the lot

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With regard to the lot itself, let me pull this up, what you have here is two lots that go from Arizona Street through to Dakota Street.

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We are proposing the subdivision of those lots. Again, Proposed Lot 1 has an existing dwelling on it. At the rear was a one-story shed addition, typically for a kitchen or something like that, but that has since been demolished and removed.

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So this lot does comply with the rear yard setback.

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But the idea is to make four equal size lots, two fronting on Dakota Street, two fronting on the front Arizona.

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Moving on very quickly, not to take up too much of the board's time.

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This is the existing structure that was at 2120 Arizona.

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um this is a shot from the rear uh the green uh facade here is 2120 and you'll see that one story

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shed addition which has since been removed uh the uh the excavator is not part of our project

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as part of something that's going on across uh the street on Arizona um

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again an aerial view you can see it is typical construction you can see all the structures that

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are going up on both dakota street arizona street uh pardon my photograph from google

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some of it got whited out but that's an ongoing project which is probably close to completion at

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this point this is a view looking up east arizona street again that's the excavator that's not part

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of our project. 2120 is over here. And then looking the other way on Arizona, again, showing

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our property here to the right. Again, just another aerial view to show the typical construction

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and the size of the lots. We're not breaking the piggy bank here. We're not creating anything

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new and different it is uh the way the properties are situated on both arizona and dakota uh i've

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been in uh before the board on several other projects on arizona and dakota quite frankly

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so we also have the zoning permit for 2122 for the erection of the new structure uh we have

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The zoning permit for 2120 for the erection of the rear addition, which included the demolition of that, you know, rear addition, one-story shed addition.

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You know, we have the plans, the permits.

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There's a zoning permit there.

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Again, showing the proposed structures included there is all the all the zoning

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permits are in the packet. Again, here's the zoning map. You can see by the zoning

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map that this gray shaded area here is 2120. The yellow one next to it is

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21-22. But you'll clearly see that the size of

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the lots of Long Dakota are all similar.

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Pretty much, I would ask the board to take judicial notice of that.

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Same thing with Arizona. And of course

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we have the deed

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registry map. Again, showing that the

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lot sizes are pretty much consistent with what we're proposing.

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another aerial view and um wait a minute well that's it um we have the rco letter

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uh we did meet with east kensington they voted uh 35 in support nine not opposed with nine

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opposed so we clearly have the support of the east kensington neighbors association i'm gonna

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I'll just blow that up for you so you can get a better shot of it.

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So in support, 35, not opposed, 9.

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And that is basically the sum and substance of our application.

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My client, Kazim Kupa, left the country today for a brief vacation in his native land.

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He left the country today for a brief vacation in his native land of Albania.

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The board is familiar with Mr. Kupa.

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