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Hearing audio

ZBA Hearing - February 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 4, 20264h 28m

is that no yep no no and you're not going to have any kind of household living of any sort

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no no because i understand it's not legal or full of that you know i don't

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i don't want to do any of that okay all right okay so then um

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i don't want to steal one of my other board members thunder but

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okay so what are we doing about the utilities here

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the utilities are separate everything is separate like it has it has two meters since even we started

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property we was paying trash uh for the two units so it's a commercial trash so that's what i thought

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everything was on everything was legal because i said i'm on the need on uh i don't do anything to

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just besides they're renewing and what do you call it? The utilities. Yeah, the utilities are

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separate. Okay. And where are the meters? On the back of the house next to the entrance of the

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basement. Okay. And what are you doing about the trash? We pay into the city. It has right next

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to the entrance it has up you can see next to the door it has the alley there that's where the

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trash cans go like neighbor in a trash can and then uh it's picked up by the city and yes for

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the first floor and the second floor the same thing they both they both stay in the same place

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okay all right thank you other questions are you opposed to a proviso that would prohibit

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uh household living in the basement what do you mean what was that like are we opposed to

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like them writing that there's a rule oh yeah yeah absolutely yeah i don't i don't want to

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leave anybody even like for the old safety and i don't want anybody to leave in the basement yeah

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that's and i know you said that all of the utilities are separated but that's across

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like that's a pico and gas correct correct correct water and water water is just one

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millimeter for the whole property are you are you planning to do any plumbing upgrades to put in a

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second um furnace no no no okay other questions

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no okay

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other questions questions from our attorney

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not at this time i did i did have a comment a question so you

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because i'm trying to go back to tya's um question you said that there's one

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unit that's that services both the units one

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peter hvac unit that services both units

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is that what you said no everything is separate okay everything is separate and no household

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yeah i i think the only thing he said is that there was one water and that services both apart

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and that's it okay which is pretty common okay okay and then and then these rooms that are in

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the basement with closets and full kitchen and full bathroom are you removing that once again

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and you're just not going to use it as if it needs to be removed like for anything so i will

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remove but that's not have a full kitchen it has a sink and a fridge it has like you know and it

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has one bathroom that's all it has and it has two two rooms that i was as i said i live around the

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corner and i stay there like family members like comes in and they stay on the weekend and my house

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was small so we just go and hang out there and i used to have a pool table but i empty everything

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out of there because i'm no longer living around there but as it's either whether you're required

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to be removed anything i'm going to do it because it's like i'm using just for storage like i use

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it like car parts i got you i got you i got you i got questions or comments from the virtual audience

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chair i do not see any hands raised for the matter planning commission thank you chairman

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good afternoon David Fecto with the city planning commission chairman of board members the

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comprehensive plan recommends a change in zoning at this location from RSA 5 residential single

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family to RM1 residential multi-family the city rezoned this neighborhood in 2017 and a council

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requested map change this property appears to have a history of swinging between single family

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and multi-family under several previous owners based on its lot size of 1383 square feet if this

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property were zoned as recommended two dwelling units would be allowed the city planning commission

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recommends that the board grant a proposed use variance for two dwelling units thank you mi

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2025 001 878 1126 harrison street i vote yes with proviso maximum two units no household living in

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basement michael johns my vote is yes with proviso cheryl gaston my vote is no it's not a

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gram my vote is yes with provisals my mcadams my vote is yes with proviso thank you council

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thank you sir thank you thank you is there anyone in the audience whose case has not been called

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from the 9 30 a.m list chair i do not see any hands okay see everyone at um 2 p.m thank you

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very much welcome doctor right thank you we got through a lot of good afternoon everyone my name

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is bill bergman and i will be chairing this meeting in the philadelphia zoning board of

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adjustment with me is our board vice chair tenetta graham president mr chairman our board secretary

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shell l gaston president mr chairman board member michael johns president mr chairman board member

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ty owen president mr chairman and our board member ryan mcadams president mr chairman also present

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is our board attorney hillary emerson our zoning board director in haggerty and our board administrator

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lakeisha dandy recording of this hearing will be posted on the zba website by participating you

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consent to be recorded this is an in-person meeting with remote capabilities whether remote

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or in person if you're called to speak you must state and spell your name then wait to be sworn in

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once you've been sworn in please state your name each time before beginning your testimony

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any person may enter their appearance to become an interested party to a case

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There are three ways. You can identify the case property address on your Zoom webinar. You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow. Call 267-270-5548. Leave a message that includes your email address and the address of the property of the appeal.

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the following guidance is for our remote attendees when directed you must raise your

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virtual hand in order to be recognized to speak if you're called to testify you will

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If you're called to testify, you'll be prompted to join as a panelist.

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be prompted to join as a panelist please accept

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Please accept the request and turn on your camera.

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The webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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And if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, please refrain from talking, eating, or drinking during the hearings.

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Verbal and physical aggression will not be tolerated.

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restrooms are across from the elevators a water fountain is just outside the room to the right

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when speaking on the record you must speak directly into the microphone in order to be

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heard by all attendees and the court reporter in the event of emergency please follow the

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directions given over the public address system or by the staff the main exit is through the

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double doors at the rear of the room the nearest stairwells to the left outside the doors case of

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evacuation the rally point is at love park directly across art street please remain

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there so we can account for you let's look at our schedule for this afternoon

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number six

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Number 6, MI-2025-005-993-6100 Wissahickon Avenue. This case is continued to 5-20-26 at 2 p.m.

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Number 8, MI-2025-006-073-1700 Spring Garden Street.

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This case is continued to 5-20-26 at 2 p.m.

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Are there any other requests for continuances?

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Good afternoon.

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A continuance request.

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Oh, okay.

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Oh, I'm sorry.

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Let me just do this one more here.

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I have a withdrawal. MI 2025 005 913 913 North 16th Street. This case has been withdrawn. And are you the McDonald's?

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Yes, the McDonald's of 1401 66th Avenue to continue discussions with the RCO, the 10th Democratic Ward.

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So you're going to continue it. Okay. All right. So MI 2025 004 571 1401 66 Avenue. That case is continued until 520 26 at 2 p.m. Thank you. Thank you. You still have one more case, right? Okay. Thank you.

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Okay. We're going to go to our regular add-on list.

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MI 2025-005-350-3430 North Bodine Street, I vote no.

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Michael Johnson, my vote is no.

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Cheryl Gaston, my vote is no.

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Tannetta Graham, my vote is no.

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Ryan McAdams, my vote is no.

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Tywin, my vote is no.

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Number two, MI 2025-004-309-126, Alexis Lane, I vote yes with proviso.

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Certificate of occupancy to be obtained.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Ryan Wynn, my vote is yes with proviso.

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Number three, MI 2025-005805, 14250 to 60 Busselton Avenue.

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I vote yes with proviso.

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Per refusal dated 116-26, temporary variance to expire 228-31, use limited to suite number one.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes, with Proviso.

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Tanetta Graham, my vote is yes, with Proviso.

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Ryan McAdams, my vote is yes, with Proviso.

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Tywin, my vote is yes, with Proviso.

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At number four, MI2025-005-864-2043, Frankfurt Avenue, I vote yes.

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Oops, Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Sorry, Tywin, my vote is yes.

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Okay, we're going to go to our regular list. We're going to start with number, is it 9 and 10? 9 and 10. MI 2025-006-075-21 East Clappier Street, and we also have with this MI 2025-006-080-23 East Clappier Street.

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Okay, we're going to go to our regular list.

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We're going to start with number...

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Vern Anastasio is the attorney.

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Here, Vern is being promoted to panelists.

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Sure.

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Good afternoon, Mr. Chair.

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Council, you've already been sworn this morning. Could you please state your name and spell for the stenographer?

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Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Todd and Emily Grant.

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

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I do.

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We have a letter of non-opposition from the 12th Ward Democratic Ward and a letter of non-opposition with provisors from Solo Germantown for both cases.

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Our Vice Chair has a few questions. Thank you. Good afternoon. Have you submitted your documents and exhibits five days in advance of this hearing? I did. Okay. And do you waive the reading of the refusals and stipulate to the accuracy?

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I do. Okay. Thank you. You can show your screen and proceed with your case. Thank you. Mr. Chair, members of the board. This is fair as a fairly straightforward case.

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AND LET ME SEE IF I CAN, THERE WE GO.

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WE ARE PROPOSING TWO SINGLE FAMILY HOMES ON TWO LOTS, 21 AND 23 EAST CLAPIER.

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I WILL BE CALLING MY CLIENT, TODD GRANT, WHO HAPPENS TO ALSO BE THE ARCHITECT ON THE PROJECT.

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But this is after we've had a couple meetings and lots of input from the neighbors on what these homes would look like.

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So this is what we've come up with in the latest iteration.

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Let me explain to you why we're here.

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It's virtually 100 percent compliant with the zoning code.

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So that's great news, right?

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However, because of the size of the lots, there is a unique physical condition that the minimum side requirement cannot be met here.

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We are offering five feet as a side requirement, side yard.

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The code, as we all know, is currently eight feet.

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The good news is that all the other homes on the block have side yards, and none of them are at eight feet.

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and very few of them are even at five feet. So our side yards are actually as big or bigger than

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all other side yards on that block. So I deem this a de minimis dimensional variance that we're

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looking for. And therefore, our whole premise is that if we were to lose that three feet,

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it would make the houses, both of them, a lot less livable. So, they're not that super wide

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to begin with. So, that's where we are. So, let's pull out. This is some interior layout.

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As you can see, we have the garage. Hold on for one second. I want to

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i have something else i want to share if you don't mind

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we do have revised stamp plans that were submitted and also a proviso of a plans form was also

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submitted under separate cover i'll make sure that the the attorney for the board also sees that

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prior to approval if it if it's so necessary these are the the site plan for both

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we have a side rendering elevation rear and front

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i'll stop sharing that

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Second.

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And these are mirror images, these properties, obviously.

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We have an entryway and a multipurpose room on the first level.

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Second level is a living room, bath, kitchen and dining, all sort of open concept on both sides of the stair.

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And then a modest three bedroom, two bath at the top.

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As you'll see, one is a master, and the other is a full for the hall for both kids.

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What do we have here?

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also moving into the exhibit the posting notices

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and this was a second flyer that went out not only did we do one that was mailed

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but then we did another one that was posted on the property and distributed by some of the members of

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the RCO. We met specifically after they voted to support. We met specifically again just to go over

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materials and design, even though that's outside the purview of the zoning code. My client wanted

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to make sure that we did, in fact, do that. So it was a little unusual, but we were happy to comply,

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and we were also happy to get the support of both RCOs in attendance.

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And with that, again, the unique physical condition being that the properties, if we were to lose the three feet on each, it would significantly impact the livability of the properties.

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And with that, I'd like to call my client, Mr. Todd Grant, to adopt my testimony.

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He'll also be available as the architect to answer any questions that you might have about the design.

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Todd Grant you said yes sir okay Mr. Grant

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Ron can you zoom in on the site plan

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say it again can you zoom in a little on the site plan yeah sure in that bottom right corner this

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one here as you can see our yard is bigger than adjacent property as well mr. Grant

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it's Todd Grant or Emily Grant that should be present shares are being promoted thank you very

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much. Thanks, Karima.

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mr grant you've been promoted

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hello this is todd grant uh hi sir could you please state your name and spell for the stenographer

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my name is todd grant it's t-o-d-d-g-r-a-n-t do you swear or affirm to tell the truth the

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truth and nothing but the truth i do counsel thank you mr chair mr grant did you hear my

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presentation to the board yes true and accurate to the best of your knowledge yes i adopted as

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your own testimony yes and you are the architect on the project yeah that is correct great so i'm

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One of the provisos for the RCO was that there will be interior trash storage. Could you show me that on the plan?

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We don't necessarily have that on the, on the interior layout, but we certainly agree to that proviso.

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I see another provides right here for interior mailboxes, and I wasn't really clear what.

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really clear what that was attempting to do do you have a sense of what that requests

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that was attempting to do

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do you have

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how it's being sort of addressed in the plans ms when i know it's you speaking but for whatever

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reason your volume is significantly lower than everyone else's is that better yes it is okay

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uh my question was i see another request from the rco for interior mailboxes and i was wondering if

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you could expand on what that was trying to do from the meeting the two you know well we had

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