civus
Hearing video

ZBA Hearing - December 7, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 7, 20225h 23m

Thank you.

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Okay, Chair, we have 27 attendees, and we can start as you wish.

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Sure, thank you.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning as EBA hearings.

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With me is Carol Tenere, our vice chair.

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Present, Mr. Chair.

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Hi. Ishmael Shaheed, our board secretary.

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President, Mr. Chairman.

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And Thomas Holloman, our board member.

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President, Mr. Chairman.

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Morning. Also here is Hillary Emerson, our board attorney, and Lakeisha Dandy, the ZBA supervisor.

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Before we begin, here's our virtual format.

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Be advised, the proceedings are being recorded.

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By participating, your knowledge agreement will be recorded.

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The video will be available by contacting TanyaSunkett at phil.gov.

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For the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.

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

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to enter appearance statement call 267-270-5548 leave your email and the address of the property

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in question and finally the question answer box on the screen is not for comments or testimony

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any comments should be directed to our executive director tanya something now let's take a look

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at our continuances for this morning's cases. Don't even say. Number one, MI 2022-003-757-2048-2024-28

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North 22nd Street. That case is continued. Number two, MI 2022. Hello? 003-769-10206

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Busselton Avenue. That case is continued. Number six, MI 2022, 003-781-1820 West

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Burke Street. That case is continued, along with case number seven, MI-2022-003-780-1916,

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Burke Street, and number 12, MI-2022-003-782-3907 to 11 North Reece Street. That case is continued.

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Is there any questions or comments relative to those cases I've just called for continuance?

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Good morning, Chair. This is Fatina L., and I see no hands, sir.

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Thank you. Are there any other requests for continuance?

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I see no hands, Chair.

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Thank you. I also have a number of cases that don't have exhibits.

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MI 20 number four MI 2022 003 779 122 West Susquehanna Avenue this is the first listing

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no exhibits Daniel Barron is the listed applicant

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I see no here this year so MI 2022 003 779 122 West Susquehanna

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Avenue. That case is continued. Number five, MI 2022-003-765-5027 Rising Sun Avenue. Cedric Allen

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is the applicant. No exhibits. First listing. Chair, we have Mr. Allen.

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sir please unmute mr allen could you shake state your name please

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and spell for the court reporter good morning my name is cedric allen c-e-d-r-i-c

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a-l-l-e-n right do you swear for him to tell the truth the whole truth and nothing but

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A-L-L-E-N.

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

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Yes.

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I see where you went to the RCO, but we do not have any exhibits for you, Mr. Allen.

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When you say exhibits, is it the documentation you asked to email in?

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Yes.

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We emailed him in. Maybe we emailed him to the wrong place.

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Okay.

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What place did you email it to?

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I don't have it on hand, but my wife emailed it to the email that we had from the documentation that was sent to my email.

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Should I continue it and get it right?

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What's the best course of action?

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Can we just place this on hold so we can just check that?

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Mr. Allen, what we're going to do is we'll place this on hold, and then we'll try to figure out where it is if it's here.

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Jason, can you check the RCO ZBA box for the exhibits and just let me know, please?

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Okay, Mr. Allen.

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Mr. Allen, we'll get back to you.

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So you want me to stay on hold or just?

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Just stay on the line and we'll call you back in.

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Okay?

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Okay.

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Okay, so number 11 is no exhibits.

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It's MI-2022-003-784-9481 Woodridge Road.

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Samaya Sampson is the owner applicant.

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No exhibits.

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This is the first listing.

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Mr. Chair, what number is that?

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Number 11.

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Oh, okay.

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So you jumped to there.

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Okay.

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I see no handshare.

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Okay.

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So MI-2022-003-784-9481 Woodbridge Road, that case is continued.

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And then number 13, MI-2022-004-471-4836 North Fairhill Street, there's no exhibits,

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first listing, Davida Fleming is the applicant.

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i see no issue so mi2022 004 471 4836 north fair hill street that case is continued so what we're

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going to do is we're going to start the cases after the first case we'll check back to see

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where we stand with that one that we have no exhibits for okay because i don't want to leave

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the applicant on the phone all day long. So number three is our first case, MI 2022-001-683-1340

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Green button on the bottom.

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We thought you had this in front of you.

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Take us one second.

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We had the documents open on a different computer thinking we were just referring to them.

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I didn't realize we had to share a screen. I apologize.

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Mr. Byrne, can you get it on the other computer?

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I have it on my other computer right now. I have it in front of me, yeah.

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It's just we didn't know we'd have to share it with you. We thought we were just

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referring to it, so we had it up on the other computer for ease.

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Okay, so only one should testify, okay? Sorry.

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You don't have to be sorry. You don't have to be sorry.

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Can you bring it up on the other computer?

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I have it on my other computer, yeah.

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So, Mr. Byrne, let me say this.

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If it's going to take you a while to do it, we'll just come back to you, okay?

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So, why don't you get set with the other computer, and we'll call you in about 5, 10 minutes, all right?

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Okay.

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Okay, I'll call it.

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Thank you.

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You have to log on to Zoom onto that computer, so you'll be able to share it.

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Yeah, we can pull the document up on the computer that we're on right now.

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um it'll just take us a second okay all right thank you we'll get back we can come yeah i'm

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sorry yeah i apologize all right we'll call back okay go out and come back in we'll call you all

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right so let's move to number eight mi 2022 003 808 705 crestview road parcel a melissa joseph

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is the applicant, a letter of non-opposition from the Upper Roxburgh Civic Association.

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Good morning, Ms. Joseph.

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Chair, Ms. Joseph is coming back in as a panelist. Sorry for the delay.

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Thank you. Fine. No, it's fine.

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Ms. Joseph, please unmute yourself.

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Yes. Good morning. Thank you.

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Good morning, Ms. Joseph. Could you state your name, please, and spell for the court reporter?

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Sure. Melissa Joseph. M-E-L-I-S-S-A-J-O-S-E-P-H.

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Right. Do you swear for them to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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All right. So our vice chair has a few questions for you, and she'll read into the record what your case entails. Okay?

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Yes.

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Good morning. Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral,

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voters under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes. Okay, great. This application is for two accessory surface parking spaces for an existing and expanded structure. The addition is under construction, and this is to be used as a single-family household. Size and location is shown on the application. No change to addition previously approved.

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one use refusal exists surface parking spaces are prohibited in the required front side and rear

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yards whereas the proposed two surface parking spaces are located within the required 25 foot

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front setback as per table 14-701-1 in the rsd-3 residential zoning district there's also a letter

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of Non-Opposition from the Upper Roxborough Civic Association, you may begin by sharing your screen.

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It's about that little green button, right, Mr. Chairman? I got that in my head.

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So I have all my documents that I sent.

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Sure. So why don't you know, it's always easy if you can. Why don't you start

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with a picture give us an idea what it looks like sure

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so this is my current house with the addition

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it's not up yet we're waiting

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let me see actually i may pull up a better one for you

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So it's not, it doesn't appear to be coming up.

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so it's not it doesn't appear to be coming up

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Excuse me, ma'am, you would need to just stop sharing and then share this screen once it has the picture open that you want to show.

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I understand. Thank you.

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Okay.

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So this is my current with the addition and where we would like the driveway to the right of the addition.

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okay um

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why don't you show us what the area looks like do you have any photos of the area

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like other places in the in the area did at one point take how about the front of the house you

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have a shot of the front of the house this edition's in the rear right no it's on the

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on the right hand side so this is the front of the house oh okay all right and then on the if

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you're looking at the house on the right is where we added the addition okay all right and then where

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where do your party line is sure sure listen we can only take one person testifying so melissa

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you could just explain that's fine i don't know okay um what other photos do you have of the

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property i just took these three um do i have to stop sharing and reshare every time i change

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my screen it depends how you shared um okay yes give it a try and we can let you know is this

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so i only took three um well that's fine that's fine let's see what else that okay

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so this is the this is the side of the house

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and then i just took two of the front i think you saw kind of they're they're the same

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and here's the other one where's the front door of the right behind mr frosty

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oh okay all right all right that's a good way to describe it thank you very much

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sure i need to do gardening okay all right so what you're what you're saying is you want to

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park your cars on the side of the house here yes behind the fence what street is that there

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so our our front our front door is on crestview and then the side door is on henry ave

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oh okay all right i know what it's okay thank you um

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questions from the board no mr chairman is is that a garage there no garage

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thanks okay um questions or comments from the virtual audience

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i see no yes chair and melissa just for a point upper rocksborough has approved this

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Correct. Yes. Planning Commission.

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Good morning, board. Sarah Bond, City Planning Commission, S-A-R-A-H-B-A-N-H.

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

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Yes. Proceed. Oh, I'm sorry. Well, good. Proceed.

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Okay. The comprehensive plan recommends no change to the existing residential single-family zoning at this location.

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The proposed use of accessory surface parking spaces is consistent with nearby properties on this block.

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you. MI 2022-003-808-705 Crestwood Road, Parcel A, I vote yes.

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Carl Tenere, 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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Ms. Joseph, you have your variances, okay?

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Thank you very much.

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Oh, sure, sure.

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Do we want to go back and take a look at the 1340 East Columbia Avenue, John Byrne, MI2022001683?

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Mr. Byrne?

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he's coming in as a panel this year thank you

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yes we're here hi mr burn you've already been sworn with you know could you we want

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to see your photo again please just so we know what you're testifying yes right here

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Thank you.

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okay Mr. Byrne uh are you ready to proceed with your computer you've been sworn we know

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everything about your case so why don't you why don't you if you could bring up a photo

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of your property at least it gives us an idea of what we're looking at okay

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I guess we're pulling it up right now okay take your time

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sorry this is no no no you don't have to be sorry can you see this we cannot

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have you hit the screen button the green button in the bottom yes

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are you working with this is Pauline from IT are you working with one or two computer monitors

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uh just one okay and when you click share screen does it give an option

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pop up to pick different documents or different views?

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If so, you just pick the document that is the one you want to share.

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So when you hit share screen, what do you see on your end?

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I'm sorry.

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It's not bringing up.

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So I downloaded the document.

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It's just not giving me the option to share that particular one.

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And do you have it open?

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It's open.

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It is open.

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The document is open.

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Yes.

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The only thing I can think is if you try to leave the Zoom and come back in, but have

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your document open on your computer when you do that.

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Yeah, I don't know why it's not.

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