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Hearing video

ZBA Hearing - August 4, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20215h 51m

I am, Chair.

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Those 14 cases that you...

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Those 14 cases that you sent to us, I read them in now?

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Yes, if you could.

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And if you approve them, it's with the proviso approved uses group living.

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Do I have to say that for each case or could I say that?

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You can read them together and then vote.

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Very good.

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Thank you.

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So these are the add-ons for the two o'clock list.

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MI 2021-000530, 1545 Page Street.

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MI 2021-000532, 1522 Fountain Street.

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MI 2021-000529, 1713 West Montgomery Avenue.

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MI 2021-000524, 1800 North 18th Street. MI 2021-00527, 1828 North 16th Street.

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MI 2021-0005251812N16. MI 2021-0005141940N17. MI 2021-0005151934N17.

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M.I. 2021-000517, 1928 North 17th Street, M.I. 2021-000517, 1928 North 17th Street,

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MI 2021-000-516-1930-North 17th Street.

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MI 2021-000-521-1924-North 17th Street.

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MI 2021-000520, pardon me, 1922 North 17th Street, MI 2021-000522,

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1926 North 17th Street

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and MI 2021

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that's 000513

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205 North 17th Street

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my vote is yes on the 14 cases I've read into the record

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with the proviso that they be approved

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approved use as group living

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Professor Plaza

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my vote is yes with proviso on all 14. Thomas Holliman, my vote is yes with proviso on all 14.

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Thank you. With that, we will go to the two o'clock list. And I don't see any

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no continuance request on the two o'clock is that accurate sharon as of yet it is okay on the two

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o'clock list um i would ask if anyone would like to request a continuance or withdrawal

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for the cases listed for two o'clock if so please raise your hand

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i see no hands chair okay thank you um case number one mi 2021-001-757-1847

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spiviva street attorney of record is gussie o'neill fishtown neighbor association sent a

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letter of opposition. Mr. O'Neill or Ms. O'Neill, please raise your hand. We have Michael Phillips

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present. Phillips, you'll be representing this case? Yes, I will. Please identify yourself and

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spell your full name and I'll swear you in. Michael Phillips, P-H-I-L-L-I-P-S, Claire Harrison,

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in Harvey Brandsburg, 1835 Market Street, 14th floor, Philadelphia, PA 19103.

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Here on behalf of Sepviva Properties, the owner of 1847 and 1849 Sepviva.

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the owner of 1847 and 1849 Step 5th Street.

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We're a firm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Thank you. Please proceed.

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Mr. Phillip, you agree to waive the reading of its refusal and stipulate to its accuracy?

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I agree to waive the reading in terms of the accuracy.

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I do take issue with, there was a rear yard refusal indicated on, a rear yard refusal

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indicated that I do not believe it's accurate, and nonetheless, we have a revised plan.

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Okay.

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Have you emailed an exhibit packet with the required documents, proof of ownership, proof

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of tax compliance, copy of the refusal or referral, photos and plans five days prior

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to this hearing?

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I have, Mr. Pava.

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Thank you.

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have you met with the rco and have a letter yes thank you please proceed okay um once again good

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afternoon uh chairman de chico and members of the board uh i have with me here today harris schwartz

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on behalf of step biver properties the owner of these two lots as well as matt imperato from

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KJO Architecture. This application proposes to adjust the lot lines of two existing lots at 1847

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and 1849 Subviva Street to create two lots. So we're just going two to two. We're just adjusting

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the lot lines and to build two single-family homes fronting Subviva with two accessory parking

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parking spaces located off of Houston Street, which is a very narrow 15-foot wide street.

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The refusal notes the parking, which is prohibited in the RSA 5 District unless accessed from

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a shared driveway alley or rear street, and that is the only refusal we should have received.

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With respect to rear yards where it says nine foot required, one foot proposed, I'll go

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through the plans, but show that we're actually now proposing a 14, almost a 15-foot rear yard

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on 1849 and a 14-foot rear yard on 1847. So there's ample space there. And also, despite the

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letter in the packet from FNA, there is considerable support from the neighborhood,

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as well as the near neighbors and the adjacent neighbors to the property. So I'm a bit confused

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does to FNA's decision but it was made without a formal vote taken and I believe there are

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you'll see as we go through the exhibits the petition of support and letters of support that

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we have from the neighborhood. I'll begin with some photos of the of the surrounding property

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so this is Sep Viva Street and right here on the corner of Sep Viva and Houston is the existing

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lot. So right now there is a, at 1849, a one-story industrial garage, and 1847 is currently just a

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oddly shaped vacant lot. Here's a better picture as we go out. Again, these are the two properties,

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here's Houston Street, the very narrow 15-foot wide street, and in nearly every picture that

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I'm going to show you of Houston Street, you'll notice cars parked up on the sidewalk right near

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where our property would be, and that's really the condition at Houston, and that's where our

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parking would be accessed from. Here's an aerial view. Again, this is 1847, Sep Viva, currently

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vacant lot. Once again, the photo, I don't know why it came out warped, but cars parked along the

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sidewalk, and here is the one-story industrial garage. Now, what we'll be doing is we're proposing

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a curb cut around here on Sep Viva for the two accessory parking spaces. We are giving an

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on-street space back, excuse me, on Sep Viva. The parking will be off Houston. So taking one

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parking space off the street on Houston, giving one back at Sep Viva, so you're at a net neutral

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there, and then providing the two parking spaces for the two single-family homes. There are a number

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of garages and uh accessory parking spaces uh throughout the neighborhood i'll just take you

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through a few other pictures uh once again survivor see other homes that have either

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the parking space or uh or the front loaded garage it's 1858 here's our posting

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and here are the proviso plans that are being submitted so you'll notice that 1847

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we're creating just a much more regularly shaped lot we're going from 822 square

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um we're creating just a much more regularly shaped lot we're going from 822 square foot lot

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to 1223 square feet and we're reducing the size of the uh the lot at 1849 to 1440 square feet

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there is a rear yard right here of 1849 that is 14 feet 11 inches the open area we also increased

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after meeting with the community to 24% on the interior, 24% on the corner lot and 29% on the

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other lot. So we meet both of those. This is just the revised proviso plan form. Here's our original

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application. We made some other changes that I'll go through in a moment. We had this sloped roof

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that in the initial zoning screen, the community did not like or FNA didn't like. So we removed

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that. We also added more brick, increased the open area. Here's the petitions of support

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from numerous members of the neighborhood, noting both the end result of a creation of these two

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off-street spaces, but also what we heard from a lot of the neighbors is that Houston Street is

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not a great street for parking on because cars are on the sidewalk. It's only 15 feet, and it

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doesn't create really a good condition due to the narrowness. So this, we believe, will be beneficial

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in an improvement for the neighborhood as well. In addition to the petition of support, we have

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a letter of support from the near neighbor who owns both 1851-Viva through to 1852-TULIP,

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and they also see this as a beneficial project.

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They're familiar with the developer.

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He has a good reputation in the neighborhood

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and they're looking forward to this

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and support the parking.

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This is the zoning map.

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So you see this oddly shaped parcel

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that we're adjusting.

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You see the narrowness of Houston.

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Here's Sepviva.

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Here's Tulip.

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And so these are the plans

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that show what we're proposing to develop.

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And I'll quickly show this is,

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there are some elevations.

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Now, originally, we were proposing something

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that looked like this, which had this sloped roof

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and not as much brick.

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The community did not like that,

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or the zoning committee didn't like it,

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So we made the change to this more contemporary brick look.

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Again, here's the parking.

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We have these two accessory spaces, both accessed off of Hewson, the zoning plan.

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So 1849 will jut out like this and have one parking space.

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Still has an ample rear yard.

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We're not cutting into that.

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And in terms of 1847, again, it's on the corner. We still provide some outdoor space here before you get to the parking, and then the parking is right there.

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And we feel that this is a common sense plan. It removes this unsafe condition of cars parked up on Houston Street. We're adding a parking space back on Tip Viva, so you're at a net neutral there, but creating these two accessory parking spaces.

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um i would like to uh just quickly call uh matt imperato from kjo architecture

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to just ask him a few brief questions and then i'll uh ask my client uh mr schwartz to

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uh adopt my testimony when you get on please identify yourself spell your full name and i

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you in. Could you have your client please raise their hand? Either Matt and or Harris,

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can you please raise your hands?

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if we can't it doesn't seem like we're getting that maybe you can just

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can you hear me now okay yeah mr schwartz spell your full name uh harrod schwartz h-a-r-r-i-s

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S-C-H-W-A-R-T-Z

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I'm the owner of

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1847-1849

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Survivor Street

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

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I do

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Thank you, Mr. Phillips

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Harris, you heard

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my testimony

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a moment ago? Yes

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Yes.

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And do you agree with everything that I stated earlier as being truthful and accurate?

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Do you agree

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with everything that I

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I do.

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And do you agree to adopt my testimony as your own?

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I do.

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And can you briefly just let the board know some of the changes that you made to the project in response to our meeting with FNA?

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Sure.

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um so like michael said we uh changed the slope roof deck uh that we initially proposed after

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meeting with the fna board they wanted more conformity in the neighborhood and and while

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we thought the slope group was a good idea we we obviously uh made that change um also with

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dealing with some of the neighbors and some of the light concerns with their backyard we pulled

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in 1849 Survivor Street's building an extra couple of feet. I also have a deal with the

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neighbors next door that I will use a certain material because it is going to be bordering

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their outdoor space and other changes that we made. We obviously use more brick, which is what

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everybody wants and what I typically try to do on all my projects. I've done a significant amount

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of time uh working with different neighbors and making little changes here and there and and and

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talking about what we can do in terms of putting some trees on the street um i actually built the

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houses directly behind this and in talking with the uh neighbors that live there now they had put

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um street trees on their sidewalk because they had so many people parking on their sidewalk

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cracking the side uh the cement um and they asked if i would do the same thing and and

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And I do plan on doing that.

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I think it'll be a great look for the neighborhood.

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And, you know, I look forward to working with everybody on this project.

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Thank you very much.

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Questions from the board?

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No.

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No.

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Yes, I have a quick question.

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I assume that this has gone into streets department for zoning.

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and i'm wondering if they have approved the curve the location of the curb cut

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that won't happen unless we approve it correct is that right mr phillips or no

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that's correct but this did go in for zoning and streets department did give

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their approval on the location great i just want to make sure that they're okay with the location

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thank you thank you john and um is there anyone else who has any questions for this

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in this case, please raise your hand.

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Chair, we have John Scott.

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Scott, please identify yourself and I'll swear you in.

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Hi, John Scott, 456 Moyer Street.

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We're firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed.

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So I was at this F&A meeting.

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i was also the board member that last year proposed the uh the virtual meeting guidelines

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and uh so in this case the the fna zoning committee voted against this um and we don't

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let the well we didn't set up set it up so that the neighbors would vote because we didn't have

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a way to confirm their identities and also keep them anonymous um so my understanding is that the

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The F&A voted against this, the neighbors were against this, and the F&A zoning committee basically represents their viewpoints as much as they can.

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My specific concerns that I had were that the elderly neighbor on that street had difficulties with the off-street parking spots here.

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So, Mr. Scott, were you aware of the revised plans?

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uh i was not no i don't believe they were brought back to the to the neighbors

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there is no parking on is it houston street mr phillips yes it's houston street no parking

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