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Hearing video

ZBA Hearing - February 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 28, 20247h 19m

Did you adapt that testimony to the board?

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Yes.

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Thank you.

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Okay, great.

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Any questions from the board?

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No, Mr. Snow.

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No, Mr. Snow.

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Okay.

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Hillary, any questions?

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not at this time thank you all right great uh any uh questions from the virtual audience

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mr snell i see no heads at this time okay great uh planning commission

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property is indicated for residential use on the city plan given a documented use history

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the physical uh site conditions we recommend that the variance be granted for two units only

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provided removal of the encroaching 58th Street basement door.

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Okay. Thanks, Ron. All right. MI-2023-005743 56 North 58th Street. My vote is yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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There you go.

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Thank you, Commissioner.

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Okay.

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Everyone have a good evening.

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Congratulations.

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Thank you.

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Thank you.

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Okay.

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I believe we're on number five now.

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Okay, sir.

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We need to go back to number one.

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We skipped number one.

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Oh, did we?

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yes we did we did i'm sorry i accidentally x that out yes i'm sorry about that all right

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back to number one council's correct again all right uh number one it's getting late we're

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getting a little goofy here uh number one mi-2022-001680 5710 malvern avenue

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uh travika stanley is the owner applicant this application is for the erection of a deck

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at the rear of an existing attached single family dwelling uh refusal uh proposed deck

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zero feet from the rear lot line on the edge of a common driveway and a three foot setback

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is required uh we also have a letter of opposition uh from the winfield residence

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so also once again since I've done it all on the other cases I just want to note for the record

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that LeBaron Leonard Palmer from development services will be serving as an alternate on this

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case so if the owner could identify themselves and then talk about the property they have been

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promoted to panelists, Mr. Snow. Hi. Good evening. Can you hear me okay? I can hear you. Is this

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Travika Stanley? Yes, it is. Yes, it is. Okay, great. Could you state your name and spell it

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for the court reporter? Sure. It is Travika Stanley Stanley Stanley-Gordine.

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Stanley, S-T-A-N-L-E-Y hyphen Gourdeen, G-O-U-R-D-I-N-E.

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Okay, I'm going to swear you in.

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Do you agree to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Okay, great. Proceed, please.

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Oh, I'm sorry. I'm sorry.

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Yeah, I say, Mr. Snell, I can read the refusal into the record for this one,

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and then Mr. Holloman can go into his question.

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all right that's good thank you sure this application is for the erection of a deck at

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the rear of an existing attached single family dwelling size and location as shown in the plan

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there is one one zoning refusal whereas the proposed deck is zero feet from the rear lot

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line on the edge of a common driveway and a three-foot setback is required

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kravika uh board member tom holliman's going to ask you a few questions uh good evening madam

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did you email all the exhibits and documents as required five days in advance to this hearing

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email the um i did email the documents on the 23rd of february um in addition to um i needed

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to resend two additional documents to Ms. Hillary

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yesterday, which I did. Thank you.

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Please proceed and share your screen.

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Can everyone see my screen?

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I cannot.

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I cannot.

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is it and it's that green button at the bottom of your screen that says share screen once you

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click on it you just have to have your documents open okay and I hit share yep just click on the

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documents you would like to share or just click

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share screen?

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There we go.

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Okay, great.

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These are

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I did send

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Ms. Hillary a clear copy

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of the deed to the property

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which I purchased in August

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of 2005.

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I

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This is one photo of the plans for the rear deck.

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The deck extends from the back door of the home and around to the back of the property.

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Now, initially, a portion of this deck was erected in 2012 after a fire.

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took place in january of 2012 um so the the this is regarding the extension to the back of the

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property um i i have to apologize i'm not uh well versed in the lingo of the layout of the plans

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take your time take your time relax but this was prepared by um our architect larry gilbert

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who has since retired

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since

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creating these plans for us.

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Is Larry

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possibly on the call here?

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I'm not sure.

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Larry Gilbert.

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Is the architect on the call?

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I don't see anyone by that name.

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Okay.

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These are photos of the rear of the deck.

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This photo is stemming from the back door, which leads out to the rear of the driveway.

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Again, from where this posts, this was all erected in 2012.

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um we just took photos of the flooring of the deck to show that the flooring was um

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this is the newer flooring for the addition of the deck and also this is what it looks like at

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the end of the driveway okay so i have a quick question so it looks like there's a few other

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decks right yes attached to the houses i can kind of see that down the driveway there yes okay yes

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um this um i guess started as a complaint with the neighboring property

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It started as a complaint with the neighboring property that the deck was extended onto his property, at which time L&I came out to inspect the deck numerous times.

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um the very first um the very first notice was their um the lack of permit so we made

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appointments this was during COVID uh 2020 um we made appointments several appointments to meet

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at LNI to um to um get the permit that was needed um we went we went there we initially told we

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We were told we needed plans prior to us hiring Mr. Gilbert.

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We did attempt to submit plans to L&I, at which time we went back after numerous appointments and they gave us a permit.

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They provided us the easy permit and told us that that was pretty much what we needed.

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The neighboring, the neighbor continued to complain, and we received additional notices, one for that we did need plans in which we hired Larry Gilbert.

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Okay, so you did get a permit?

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Yes.

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Okay.

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I'm sorry. I'm a little nervous.

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Don't be nervous. Relax. Take a breath.

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Is it possible that my husband can assist me with speaking?

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Sure.

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Can I just say you're doing a good job, by the way.

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Thank you.

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He's doing a great job.

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Hi, I'm right next to her. My name is Van. I'm the husband.

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Okay, if I could, before I hear your testimony, could you state your name, spell your name for the court reporter, please?

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Yes, my name is Van. My name is Van Gordine.

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Spelled Van is V-A-N. Gordine is G-O-U-R-D-I-N-E.

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okay van i'm gonna swear you in real quick do you agree to tell the truth the whole truth and

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nothing but the truth yes sir great okay proceed okay in 2020 um we we were adding on an extension

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to a deck that was already there okay with that extension with that extension that we were adding

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on. We went down to Illinois. It was an eclipse thing we had

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to go through. We kept on going down there. They told us

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that it was okay. They told us that we could build the deck

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under an easy plan.

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An easy permit. So we

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went on and had the deck erected and everything.

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About a month

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A month into it, we started getting complaints.

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They told us that we needed to submit plans to the city.

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I made several attempts, not several attempts.

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I went down to LNI, several attempts, and spoke to several people.

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They told me that we needed the drawings.

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We went and got the drawings.

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we were 15 days late on the joins because they told us 30 days so we went and got the joins

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we took the joins down there and three l and i people down there told us you don't need this

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type of permit you need you you need an easy permit i said well they sent us a paper saying

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that we did something wrong they said they were wrong they contacted the person that wrote it

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that wrote it up and they came back to us and told us that um no problem easy permit everything

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is done a year later they come back and tell us about this that we need some plans we hired larry

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gilbert he came out to our house he measured us i measured our land and everything told us

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everything was fine and he submitted the paperwork back to the city i'm sorry to cut you off but may

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Back to the city.

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I'm sorry to cut you off, but may you get into the camera and speak?

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you get into the camera and speak

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Yes.

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Thank you so much.

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You may proceed.

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Okay.

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So we went down and got the paperwork for the deck.

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um about a year later we get this thing from zoning and told us that we had a zoning issue

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but nobody ever mentioned zoning to me or larry or anybody until about a year later this is almost

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two years later now this deck has been up had been up for a couple years now and they told us

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that the deck needed to be three feet back but in my neighborhood it's a bunch of driveways my

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it's driveways that go almost a mile long all of our decks are right there on the edge everybody

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not everybody because some of the houses sit on an angle but but at least 20 decks i took pictures

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and sent the pictures and of all the decks we never knew nothing about no zoning thing some of

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These decks were built after our decks was built, everything.

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So they told us that we was three feet in a problem.

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Now we're here.

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And the reason and the thing about it is a next door neighbor has constantly, you know, he's broken our windows out in our house.

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My next door neighbor house looked like a move house right now as we speak.

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the policemen out here swat and everything we don't even want to go out the front of our door

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i i suffer from ptsd i'm an ex-vet so i'm a little nervous excuse me um excuse me sir i i i understand

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what you've been through unfortunately the issues that you're dealing with with your neighbor are

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not something that okay the zoning board can assist with no that's okay we understand that

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this has been a difficult situation we just have to stick to the zoning issues so we did everything

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that we needed to do we didn't nobody knew nothing about no three feet and now this like i say this

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deck has been up for years and now they're telling us to move three feet so we went to the rco

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and rco you know she sent the letter and she said listen she don't want to change anything

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about what was going on because i get me neither really but you know we don't feel as though we

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should lose three feet of a deck because lni we went to lni lni kept me down there one day from

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12 30 to about 3 30 and went over all of this stuff about zoning and everything these three

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guys and came out and said there's no zoning issue here it's no this here none of this stuff here

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sir sir i i get i i heard you i heard your wife i i understand i hear i hear what you're saying

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All right. So I understood your testimony. No, sorry. I mean, I can tell it's upsetting to you. So just I understand what you're saying. So let's let's let's move on. Any any questions from the board?

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no mr no uh jim snellen just call me board member tom come on

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mr snellen trashmen trashmen and everybody fire departments everybody come up and down

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their driveway and it's never been a problem okay uh hillary any questions comments

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Not to the case, but I just want to note that Vice Chair Shahid did have to leave, so Mr. LeBaron, Mr. Leonard Palmer, is now acting as a board member, will be voting on this and other matters going forward.

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Yep, sounds great.

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Okay, so you have no questions or comments, Hillary.

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Any questions or comments from the virtual audience?

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I see no hands, Mr. Snell.

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Okay, great. Planning Commission.

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This is the Broadband of our city planning.

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Properties indicated for residential use on the city plan.

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Given the site record, we recommend that the request of action be granted.

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Okay, thanks, Ron.

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uh mi-2022-00168

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2022-001680, 5710 Malvern Avenue, my vote is yes.

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Thomas Holloman, my vote is yes.

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LeBaron Leonard Palmer, my vote is yes.

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Okay, there we go.

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Congratulations.

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