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Hearing video

ZBA Hearing - October 14, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20266h 39m

Solamente entendí.

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Yo lo uso solamente para...

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Ok, para la soda y el agua.

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Soda y agua.

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I use...

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Gracias.

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I use it only for soda and water.

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So he's, he's, he's keeping things down, but we need to swear on it.

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So he's keeping things down.

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But we need to swear him in.

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Right. All right. Do we, are we going to Joe? Could you have your testimony adopted, please?

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And we'll have the interpreter do that. Could he? Could you call the interpreter on for me, please? Jose?

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As in the state, his name is spelled for the stenographer.

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Señor, por favor, diga su nombre y deletreelo para el ecografista, para el sonido.

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José Dolores Vargas.

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J-O-S-S-D-O-L-O-R-E-S-B-A-R-G-A-S.

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this is the interpreter would you like me to ask him to do that again in Spanish so I can

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spell that yeah I wanted to do it in Spanish and then could you tell us what he responds in English

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thank you señor este es el intérprete por favor dele trelo una vez más en español despacio y por

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For example, J de Juan, O de Oso, S de sapo, E de elefante.

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Gracias.

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J de Juan, O de Oso, S de sapo, E de enano, José, D de dedo, O, O, R,

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so first name j as and juliette

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O is in Oscar, S is in Sierra, E is in Echo, second name Dolores, D is in Delta, O is in Oscar, L is in Lima, O is in Oscar, R is in Romeo, E is in Echo, S is in Sierra.

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Last name.

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Listen to me.

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Could he ask them to, does he swear or affirm to tell the truth, the whole truth and nothing but the truth?

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señor jura o afirma decir la verdad toda la verdad y nada más que la verdad

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i swear okay joe could you uh you mentioned the question you'd like to ask him about

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adopting your testimony um did you mr barbus did you hear my testimony to the board my presentation

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yes señor vargas escuchó mi testimonio ante la junta mi presentación ante la junta

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yes okay joe continue would you adopt it as your own testimony if it were if you were testifying

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Señor, ¿será que usted lo adoptaría como su propio testimonio si usted estuviera testificando?

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Yes.

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Are there any changes to my testimony or any corrections?

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Any corrections that need to be made to my testimony.

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¿Hay algún cambio o corrección que deba hacerse en mi testimonio?

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No.

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no all right all right all right questions from the board uh yes uh venting for the exhaust uh hood

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is it are you venting through the building are you venting outside

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well jill is joe there joe do you know what that answer is yeah i'm looking for that photograph

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i'm looking for that photograph which should show the venting one moment all right

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where did that go

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why don't we ask that why don't we ask that of um of uh

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could you interpreter could you please ask them is he interpreting

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is he uh have an event go to the roof or just outside

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Señor, ¿tiene una ventilación que puede ir a la azotea o simplemente al exterior?

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A la azotea, su buena quisiera.

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in the rooftop okay

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michael you see the photo yes so i yeah yeah i don't see event event coming outside so

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i guess it's already invented through the building

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Other questions from the board?

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Yes. Does he also have, does someone there have a safe serve certificate from the health department?

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I have a terminal.

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Of course.

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tiene alguien allí que cuente con el certificado de seguridad alimentaria del departamento de salud

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yes okay thank you gracias i guess i have a question because it does look like there had

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been previous approvals for hot food on this location um so i guess my question is was the

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kitchen built under a previous permit that expired or was the kitchen just added at some

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point in time and if so would you be open to a requirement of a certificate of occupancy

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parece que hubo aprobaciones previas para la venta de comida caliente en este local

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So my question is, did you build the kitchen under a previous permit that occurred or simply added in some moment? And so, would you be able to ask a certificate of occupation?

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keep slowly so that the interpreter can interpret so i'm going to stop right now and then let

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the interpreter interpret okay thank you one moment please let me clarify something this

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this is the interpreter, sir, this is the interpreter.

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Me dijo, cuando yo llegué,

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había una pequeña

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cocina, ¿correcto?

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Correcto.

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Un momento.

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Señor, un momento, gracias.

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Donde yo cocinaba,

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pero cuando fue la

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inspección, me dijeron

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que tenía que tener el qué, perdón.

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El Sony, para comida también.

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¿El qué?

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El Sony.

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Could you give us the answer, please?

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Yes, one moment. I'm sorry. I was trying to clarify because it's kind of difficult to understand him.

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So when I arrived, there was a small kitchen set up and we were cooking in this small kitchen.

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But during the inspection, I was told I needed a permit that couldn't be found.

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so i heart i company any other questions

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questions from our sorry i'm sorry i'm sorry members of the board i think he was still

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in the process of answering that question though

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my answer still hasn't been my question still has not been answered yeah right he's still

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in the process of answering so could you please proceed with the with answering this one's question

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okay let's señor por favor continue respondiendo la pregunta de la señora this is the interpreter

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one moment please señor por favor hable despacio en lento para yo poder alcanzar a tomar nota

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gracias ok entonces contraté la compañía ellos me dijeron que estaba todo listo entonces el son

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the company i hired they told me that everything was ready so but the permit i had was from any

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other um was issue for other uh specific location not for that one so i was looking into the legal

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permits needed to get my kitchen up and running okay so i guess to reiterate um and i guess the

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so i guess to reiterate um and i guess council maybe you can answer this would would you be

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counts.

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opposed to a proviso requiring a certificate of occupancy no no objection to that okay thank you

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our attorney i believe this was already answered but he might have been before he was sworn in

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um it looks like the use is going to be on the basement and first floor is that correct

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well in so far as the basement is concerned uh he testified that he is only storing sodas and

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waters down there and it's my everything joe joe he's using the basement period yes yes yes so

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first floor and basement exactly okay now i understand thank you question or comments to

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virtual audience

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i see no hands chair planning commission sorry chair yes we do have a hand raised

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jihad ali has been promoted to panelists

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jihad state your name and spell for the stenographer please

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Yes, sir. Can you hear me?

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I can. Could you please state and spell your name for the stenographer?

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Sure. Good afternoon, Mr. Commissioner, members of the panel. My name is Jihad Ali, J-I-H-A-D-A-L-I.

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

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I affirm.

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Please proceed.

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yes counselor uh mr commissioner i'm a member of the rco and mr vaccaro and his client did come in

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there i just i'm not i was surprised that i didn't uh sign up today to speak but i i know that um we

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i attended the meeting and i was surprised that brian wasn't here to give testimony or i sent in

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the rco notice but uh mr vaccaro did a excellent presentation in front of community it was well

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attended everybody attended everybody the close near neighbors had positive uh comments to make

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about mr uh the store owner and i remember the thing about the outside they only wanted an

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enclosure counselor i don't think they wanted it covered whatever the law would permit if he

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could do an enclosure because the issue came up uh the client the owner said that his family lived

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upstairs so there was access for everybody to put trash in there but the overall feeling was he runs

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excellent store people get their money's worth they were really happy with the food products that

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he was providing the coal sandwiches and they overall when he supported it whatever our attendance

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was majority voted for it thank you that's all thank you for taking time to calls we appreciate

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it thank you very much thank you for your support anyone else planning commission

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good afternoon liz fuzely on behalf of the philadelphia planning commission

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the comprehensive plan recommends no change to the cmx2 commercial mixed use zoning at this

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location the appellant has shown that the proposed eating and drinking establishment

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will have no detrimental impact beyond what might reasonably be expected the city planning

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commission recommends that the board grant the proposed special exception for an eating and

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drinking establishment mi 2026 002 112 4058 west rod avenue i vote yes with proviso first floor and

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basement only and are you adding the co that was a request that was the other request

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oh oh yeah a certificate of occupancy to be obtained all right i'm michael johnson my vote

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is yes with provisals. Cheryl Gaston, my vote is yes with provisals. Tanetta Graham, my vote is

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yes with provisals. Taya Nguyen, my vote is yes with provisals. Layla Bibi, my vote is yes with

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provisals. Thank you. Thank you very much. Thank you very much. We appreciate it. Thank you for

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your help. MI 2026-003-736-2119 St. Albans Street. David Orphanides is the attorney.

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and just for the note for the interpreter interpreter you dismissed thank you for your

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help today if there's nothing further interpreter will disconnect now but as opposed to services

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thank you for general services interpreter disconnecting Mr. Orphanides could you please

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state and spell your name for the stenographer certainly certainly my name is David Orphanides

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last name is spelled o-r-p-h-a-n-i-d-e-s you swear or affirm to tell the truth the whole truth nothing

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about the truth i do you identify your client a relationship to the property sure allison charles

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you identify your client a relationship to the property sure allison charles and dave matthewson

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and dave matthewson

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uh 2119 st alvin street our um vice chair has a few questions good afternoon have you submitted

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your documents and exhibits 14 days in advance of this here yes okay and and do you wait to read

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that your refusals are simply to the accuracy yeah i think you're good my mic is off oh here

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okay so hopefully we don't have any other issues yeah okay do you wave the

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reason that your refusal is simply to the accuracy uh yes okay all right thank you

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see your screen and proceed with your case certainly hold on council we have anything

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late on his uh yeah i have a revised proviso plan for him letters coming in i'm just saying what the

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letters are coming i sent it late i sent it this earlier this afternoon it was just what you said

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huh yeah yeah yeah okay no other revised provided we're here in hearings so yeah okay all right

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well you can hold the boat and have it yeah we're gonna yeah i mean the changes were made based upon

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what the community wanted us to do okay so i'm gonna put this on the record again when we're in

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hearings we're not gonna we're not doing stuff yeah we're not trying to be difficult but just

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understand so we might have sent it we looked at it before we started too it's all i want to get

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going to leave that sure and then i have we have a letter from sasna yeah i did not noak was also

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uh designated as a co-coordinating rco i have not received anything from them and then i did reach

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out by telephone via email to council president johnson's office but i haven't received anything

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of position from them maybe you have but we got noak we did not get sauce oh yeah that never

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received no x so i don't know what that um it's non-support okay i'm not all right i don't know

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why but okay i haven't seen it but i'm not surprised why don't we yeah no problem so um

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can uh everybody everybody can see my plan so let me just scroll up here let me reduce that

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let's get one minute

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there we go all right all right the subject property is 2119 St Albans Street it's located

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on the north side of the street it's a tree line street on the north side so there's street trees

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on the north side no street trees on the south side here is a picture of the property it's an

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existing two-story single-family dwelling and you can see uh extending this is a view extending to

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the east on the north side and then on the west also on the north side you can see this picture

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here seems to be a little bit of a lag um but all the street trees on on our side of the street there

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no street trees a very few street trees on the south side very mature trees that provide shading

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of the upper floors and above the roofs of the uh the existing two uh buildings

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um my volume is all food so um so anyway the proposal is um to uh fill in the back there's

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a notch at the back of the building and you can see this in the aerials um right here if i show you

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you can see right there that there's a notch in the northwest corner of the building so the

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proposal is to fill that in similar to the property to the left of us which goes a little

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deeper and similar to the property to the right of us to the east of us which is a little shallower

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but you can see that most a lot of the buildings and most of the buildings are either the same

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depth as the property to either to the left of us you can see it goes deeper as you extend further

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to the west and the same thing with the properties heading to the right so in the back we'll be at

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about the same depth and that's where our open area refusal comes from so filling in that notch

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we go from 75 open area to 80 open area but again it's to create a condition that exists up and down

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the back street which is climber street the property goes from st albans on the north side

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to the south side of climber which dead ends to the west from 20 uh 21st street um after filling

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that in, we're going to put a third and a fourth floor addition on top of that. The third floor

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addition has a refusal for not being the eight-foot setback. The fourth floor is setback way

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more than the eight feet. It's setback so far back, and this is one of the revisions, that

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initially the original design, in certain circumstances, you would have been able to view

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certain portions of the edition um and what happened during the um

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of the addition. And what happened during the process, you can see here in the bottom, and it's

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a little hard to see because the line's a little faint. These are the zoning drawings that were

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submitted originally. And you can see with the line of sight, the bottom right-hand corner,

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that it clipped a little bit of the fourth floor and the deck that's above that. So there's a deck

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at the front of the third floor and the deck above the first floor no pilot house just an open

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staircase leading from the deck at the front of the third floor um to the deck on top and based

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upon we met with the sasna architectural review committee and then we went in front of the full

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community the um at the architectural review committee we had already kind of made this

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determination but it was reinforced to push everything back at the upper floors um at the

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fourth floor and then with a deck so that none of it is visible from across the street. And you can

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