civus

ZBA Hearing - April 5, 2023

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Apr 5, 2023, 5h 31m

Thank you. Is there anyone else in the virtual audience?

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No, sir.

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Hi. Planning Commission.

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This is Ron Bednar, City Planning. The properties indicated for commercial mixed use on the city plan are adopted. District plan recommends no change to the existing zoning at this location. The applicant's hardship is not supported with evidence.

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The unique physical circumstances or condition of the property that would prevent it from being used and conforming with the code requirements. Therefore, we recommend requests for variance not be done.

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um mr patterson we've had a lot of testimony on both sides i'm going to take this back uh to next

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wednesday for our executive session and we'll vote in public at two o'clock next wednesday

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okay i'll remind of where about how we relied upon you on our determinations i i i we heard you sir

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thank you thank you all right and mr chair this is hillary i just want to note that the record

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is closed on this matter okay thank you hillary number four mi 2022 007 135 1301 east cheltenham

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avenue darlene treat is the attorney letter of non-opposition from the 35th democratic ward

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and letter of non-opposition from council member phillips

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miss three just coming back in as a panelist now chair

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hi good afternoon

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good afternoon commissioners can you hear me hi could you state your name please and spell for

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the court reporter? Darlene Freit, D-A-R-L-E-N-E, T as in Thomas, H-R-E-A-T-T. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Could you identify your

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client, the relationship to this property? Yes, Commissioner, I have today with me Mrs. Lisa

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Smith, as well as Mr. Clarence Morris, who are the proprietors of Amazing Kids Academy.

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I also would like to make an amendment. When I originally filed the application,

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the Church Gladding Memorial owned this property. Currently, Mr. Smith owns this property

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under the name of Raising the Level, LLC.

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Okay.

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Our vice chair has a few questions for you.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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Yes, I do.

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Have you emailed all the required documents

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and exhibits in reference to this case

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five days in advance into our office?

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Yes, I have.

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Thank you. Can you please turn your screen on if you need to see you before you proceed

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with returning your presentation? I apologize. No problem. Thank you. Please proceed.

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I'll share my screen. Yes, please.

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just enlarge it up a minute

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that's good

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here we go commissioners I submitted a exhibit package today which contains a refusal petition

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of appeal, proof of mailing, deed, tax information, property information, pictures, plans, community

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flyer, proof of mailing, and a letter of support.

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Commissioners, I'd like to give you a little background information on this project here.

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Commissioners, I'd like to give you a little background information on this project.

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Amazing Kids Academy has been operating out of 1301 East Shettingham Avenue for approximately 10 years.

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Amazing Kids Academy is one of the largest provider of child care services, with the exception of the School District of Philadelphia, in the city of Philadelphia.

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Currently, they operate at three additional locations, one at G and Erie, one at 4719 Rising Sun Avenue, one at 7120 North Broad Street, and 1301 East Sheltonham Avenue is their flagship facility.

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Again, they've been operating here for 10 years. They are funded and receive grants from the city of Philadelphia through the PHL pre-K program.

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They receive grants and are funded by the Commonwealth of Pennsylvania through the pre-K counts program.

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program. They are licensed by the Department of Education for the nursery school. They

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are licensed by the Commonwealth through the PA DHS program and certified. And they currently

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have the maximum rating of four star keystone rating. Here is the refusal. We applied for

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the extension of the use of the daycare preschool school facilities to the entire premises currently

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they operate in building number two and i'll show you those plans later we would like to extend the

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use to building number one and building number three uh there's a refusal on the screen currently

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and i'm just going to flip through the documents we have the application for appeal

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you have the project information form

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we have the deed you can see here that a gladding memorial

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conveyed this to raising the level LLC and my client will testify that she is the owner

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Here is the tax balance, which is currently zero.

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Here is the prior zoning use permit for the daycare nursery school.

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Prior application.

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updated a permit again for the use permit for the daycare facility there

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i'd like you to note here is some property information actually this use has really been

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taking place in these facilities since 1975 as you can see here a memorandum from the city of

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philadelphia is listed as church sunday school gym and nursery school and that's specific to

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the entire premises because of technical reasons we had to reapply for the extension here is a

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letter from gladden memorial presbyterian church indicating that the school use has been in

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existence continuously in these on these premises since 1933. here we have the plan first we have

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site plan and let me just reduce that so you can see it a little better I'm going to further reduce it

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this is the site plan and I'll get to the floor plan a little later

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as you can see this is building number two this is currently used for um the school and it's been

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used for the past 10 years we would now like to extend the use to building number three which is

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currently um a gymnasium and the main building which was um the church

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I'm going to scroll down here to the floor plans, and I'm going to enlarge it a little

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bit for you right here.

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I would like to mention that the lower level

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is 50% above grade.

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This is currently used as a sanctuary.

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We would like to extend the use of the church to the lower level of the basement here, which again I say is 50% at ground level, and I'm just going to reduce that a little.

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We would like to extend the use of the church to...

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I don't know, let me see, let me just enlarge it.

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Here we go.

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We propose to add additional classrooms so we may service additional children and members

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of the community to the basement, the lower level of the sanctuary.

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We plan on adding classrooms in this lower level.

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As you can see, there are three different exits from the lower level here for this facility.

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We would also like to extend the use to what is currently used as a gym, which will still be used for a recreational area.

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We will have makeshift classrooms that we will have here for the use of the additional children.

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Currently, we employ approximately 20 to 25 full-time and part-time staff.

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I would note that the staff is composed of Pennsylvania certified teachers as well as

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Pennsylvania certified child development associates. Here at the daycare, we serve

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We serve breakfast, we serve lunch, and we serve a snack.

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We also have pick up for the children, and the parents drop them off.

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Here is a picture of the posting, and I would like to show you just some general pictures

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of how the facility looks.

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This is a side view.

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That's another view for you.

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I'm just going to enlarge that a little bit so you can see the pictures a little better.

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That's a front view.

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Here we have additional pictures for you

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so you can get a full scene

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of what the whole property looks like.

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That's another shot for you

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where you can see the entire premises.

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Why don't you bring your client on

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and adopt your testimony?

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me. Ms. Smith, are you on the line today? Ms. Smith? Ms. Smith, if you're on the, there she is.

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Okay, thank you. Hi, could you state your name, please, and spell it for the court reporter?

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Hello. Hi, my name is Lillise Smith, L-E-L-I-S-S-E, last name Smith, S-M-I-T-H.

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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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Proceed, counsel.

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Ms. Smith, are you the proprietor of Amazing Kids Academy, LLC?

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Yes.

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Are you also the owner of the property under the name of Raising the Level, LLC?

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Yes.

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Ms. Smith, have you heard my testimony as presented to the board today?

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Yes, I have.

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Ms. Smith, would you say that my testimony was true and correct?

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Yes.

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And would you adopt my testimony?

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Yes, I adopt your testimony.

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Commissioners, we did meet with the 35th Board.

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They did issue a letter of support.

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We saw that.

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We have that.

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And Council Member Phillips also has a letter of non-opposition.

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Yes.

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And with that, I would ask that our requested variance be granted.

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Okay.

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Questions from the Board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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I'm planning commission.

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So we're on Bednar City Planning.

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The property is currently indicated for residential on the city plan, given its documented use history.

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We have no objection to the granting of variance.

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Thank you.

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MI-2022-007-135, 1301 East Cheltenham Avenue.

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I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you very much, Commissioner.

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Thank you very much, commissioners.

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Have a good afternoon.

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Have a good afternoon.

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Right.

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Right.

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Number five, MI-2022.

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Number five, MI 2022, 007242, 3010 Baltz Street.

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Alexander Perry is the attorney.

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Letter of support from Brewery Town,

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Sharjewa Community Civic Association.

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Mr. Perry is coming back in now, Sharers.

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Arceeo letter submitted separately.

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the applicant provided a petition in support of approximately 31 residents in a 3,000 block of

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bolts. The petition was signed by an adjacent neighbor at 308-3012. Counsel, could you state

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your name and spell it, please, for the court reporter? Thank you, Mr. Chairman. Alexander

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Perry, A-L-E-X-A-N-D-E-R-P-E-R-R-Y. Right. Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth? I do. Could you identify your client, the relationship

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to the property? Yes, sir. Our client, my client is Timothy and Carolyn Weeks. They are the owners

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of the property and have lived there for nearly a decade. Okay. Our vice chair has just a few

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questions for you, sir. Good afternoon, counsel. Do you agree to waive the reading of the refusal

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and stipulate to its accuracy? Yes, sir. Have you emailed into our offices all the required

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documents and exhibits to proceed with this case five days in advance of this hearing?

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Yes, I did. Thank you. Please proceed and share your screen.

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Can you see that, Mr. Chairman? We can.

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I'm going to try to go through these quickly for the board's convenience.

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we have a refusal letter. The refusal was regarding a eight foot setback for a third

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story addition. The addition is by right, but the refusal is regarding the eight foot setback from

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the street. We're requesting a variance because of the conditions of the property. Wall to wall,

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the property is 14 feet wide, which is very narrow. It's only about 40 or 41 feet deep.

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So the eight foot variance would represent approximately 20% of the third floor.

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We filed an appeal noting the aspects of the property.

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We will not be changing the use. It's still going to be a family home, and the current owners intend to reside there.

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Noting COVID, they both work from home, and they needed additional space and want to stay in the neighborhood, as shown by their strong neighborhood support.

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There's currently no taxes owed on the property.

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Here's the deed to Tim and Carolyn Weeks.

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And if we can look at this document, this is the property currently.

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We're not changing any of the footprint.

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As noted, it's only 14 feet wide.

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And this is what is proposed on the third floor.

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The third floor addition is by right with the exception of the eight feet.

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When planning this, the homeowners decided to create a sloped roof line rather than straight up and down.

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The top of the roof line is about five feet back, so five of the eight feet at the roof line, but it would start at the same line of the second floor.

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There is a pilot house, too, for a deck, but a variance isn't required for that.

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Again, this eight-foot extension is dormered out, and it's trying to create more light and air, noting the variance request, but continue and use the house to its highest use without additional eight feet, which is 20% of the usable space.

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Here's a picture of the street currently.

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This is the two-story house.

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a three-story very tall house was just built a few years ago two doors down this is it so even

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though there's going to be a third story addition it will still be far under what's permitted per

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code as well as other houses along the street here's a picture of the street more recently

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Here's 310 Bolt Street.

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Other houses have added third-story additions.

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They do have some roof decks, which extend out to the front of the property.

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There's other three- to four-story homes along the street near the corner, which is just a few houses down.

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Again, here's the home two doors down that was just built.

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