civus
Hearing video

ZBA Hearing - January 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 10, 20245h 43m

There'll be lighting to meet code. The area proposed currently meets current codes.

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and this will provide an affordable unit in what is existing single-family house but it's only a

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two-bedroom house we're only really creating a three bedrooms in this corner unit so we don't

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feel it's going to add to congestion or anything any adverse impacts on the neighborhood i think

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commented in the appeal that there is a bus route so it's easy accessible for anybody who wants to

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and access to center city.

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We see this being occupied by a single person

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rather than a couple

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because it's obviously a small unit,

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the minimum area for a studio apartment.

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We think this will provide an asset

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for the community

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and an affordable housing resource.

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Okay.

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Mr. Morgan, what was the vote of the RCO?

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I could pull that up.

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They were in favor.

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I believe, one second.

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um it was in support six people supported and zero opposed okay um mr morgan is there any

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multiple units on the block yes how many do you know offhand how many offhand i wouldn't know how

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many is it's on the other side like when you cross the street on thompson okay all right all right

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questions from the board no mr chairman no chair no chair questions or comments from our attorney

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hillary emerson not at this time mr chair questions or comments from the virtual audience

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no hands here questions or comments uh i mean planning commission i'm sorry thank you sir i

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I appreciate that. Good morning, David Vecta with the City Planning Commission Chair and Board

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Members. The comprehensive plan recommends no change to the residential multifamily zoning at

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this location. The appellant requests to build a second dwelling unit in an existing real home.

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The refusals for open area 625 square feet proposed versus 850 square feet required.

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This is approximately 73 percent of the required total. Since the appellant is already deriving

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value from one dwelling unit there is no economic detriment that would require a second dwelling

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unit city planning commission recommends that the board deny the proposed dimensional variance

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for a lot area okay so mi 2023 003 472 1901 west thompson street i vote yes

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thomas holloman my vote is yes james snell my vote is yes ishmael shaheed my vote is yes

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Thank you, Mr. Morgan.

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All right. Thank you all.

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Okay.

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Number 16.

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MI 2023-003-508-2125 Pailthorpe Street.

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Israel Farfan is the owner applicant.

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Second, this application is for the creation of one off-street non-accessory surface parking space and to legalize an existing fence on the front and side of the existing vacant lot, size and location as shown in the application plan.

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The proposed use non-accessory surface parking is prohibited in the RM1 district and any fence located nearer to the lot line than the required building setback on the actual surface of the building from the lot line, whichever is greater, shall be no more than four feet in height.

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from the lot line, whichever is greater, shall be no more than four feet in height

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and no more than 50% opaque, whereas the proposed is nine feet and 100% opaque.

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Mr. Farfan, good morning. Mr. Farfan is promoted. Mr. Farfan, you have a second case

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today too, right? So we're going to hear them separately, but we'll hear them right in a row,

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okay? Sure, thank you. Could you state your name for the record, please? Yeah,

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Yeah, my name is Israel Farfan. Israel is spelled I-S-R-A-E-L, like the country, and Farfan is F-A-R-F-A-N.

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

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Yes, I do.

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Our vice chair has a few questions.

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Sure.

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Good morning. Sir, have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes, yes, we have.

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Thank you, sir. Please proceed and share your screen.

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I believe I'm sharing my screen.

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So I have all my documents together.

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Yeah, so as you stated, it's basically asking for, I guess, a parking space on an empty

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lot and then a gate that is nine feet tall.

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Let me show you some pictures.

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This is our location.

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It's basically 25, 25 from Pellthorpe. It's like one block away from Hancock where my main property

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is. Yeah, so I live in 21, 24 in the front. And this is from the back, 21, 25. We acquired a lot

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behind it a few years back from the city. I'm going to do a little bit of zooming back and

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forth. I apologize for that. So this is a view of the front, looking at that space. We have the

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wooden gate currently. It's a view from the angle. It's another view from the angle. And this is

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It's basically an empty lot that we acquired from the city and what we're hoping to do

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is to be able to use as a parking spot and also to be able to have a metal gate.

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So on the front side of the street, on my house, I have a metal gate that has this style,

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which is both iron and open, and so we would like to have the same happen on the back,

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which is here.

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That's the goal.

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I also have a copy of the, sorry, let me see if I can do this.

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Yes.

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Yes.

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So this is sort of like the architectural rendering of it.

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So it's enough space to have part one car and then have the gate on this side.

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Let's see. The only thing I can think of is we also have the RCO from the community.

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And so we had a support of seven and a post of three.

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And I believe, yeah, this is the streets permit, if I'm mistaken.

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And I think the last thing I also had to show you is like,

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I guess the no tax

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clearance.

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Yes.

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Parking is in the rear of the property?

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I'm sorry?

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Parking is in the rear of the property?

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For this

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project, yes.

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So we're hoping to convert that spot into a parking spot.

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Yes.

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Are there other locations

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along there that have parking similar?

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I'm sorry.

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I don't understand the question.

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Okay. So

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in the back where you're pulling in, is there other parking

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places that other people have

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back there? I know a few

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blocks down there's older

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garages, so people have

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back to them, and those are all

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older.

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Okay, all right.

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Questions from the

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board? No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney,

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Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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No hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good morning, David Fecto with the City Planning Commission.

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Chair and board members, the comprehensive plan recommends this property for residential single-family zoning.

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However, in a community requested rezoning in 2021, the Neighborhood Association requested the current zoning of residential multifamily.

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The appellant seeks to build a non-compliant fence, and they are also seeking to build an off-street parking space.

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Off-street parking is an unusual condition for this block.

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The City Planning Commission recommends the board deny the proposed variances for non-accessory off-street parking, fence height, and fence opacity.

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MI 2023-003-508-2125 Pell Thorpe Street.

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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 Shahid, my vote is yes.

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Mr. Farfan, stay on, please.

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So MI 2023-003-489-2142 North Hancock Street.

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This application for the creation of one side yard accessory service parking.

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This application for the creation of one side yard accessory service parking, the erection of a side yard deck, and the erection of a solid 72-inch high wall at the rear of the second floor deck for use as a multiple family household living, three dwelling units.

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Surface parking spaces and detached garages and carports are prohibited in the required front, side, and rear yards.

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The proposed accessory parking is prohibited unless it can be accessed from a shared driveway, alley, or rear street on which no street parking is permitted, whereas the Hancock is not considered a rear street.

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Decks are prohibited in the required side yard.

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The proposed solid 72-inch wall on the second floor roof deck is prohibited.

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There is a letter of support from NARS Square Alliance and a letter of non-opposition from Council Member Lozada.

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Our vice chair has a few questions.

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Good morning, sir. Have you emailed in all the required documents and exhibits that is

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needed and required to proceed with this case five days in advance of this hearing?

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Yes. Yes, we have. Thank you. Please proceed and share your screen.

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Okay. Yes. As I stated on the document, we are asking for two different things. One is

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we're planning to do, we would love to do a first floor, but because of the

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narrowness of the garden, we're asking for a little bit of a wider, and I believe

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that's one aspect. We also, we live in a

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three-story brownstone, and we have rentals, and so part of the idea is to have

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a parking space for us, and a parking space for the renters, which is, that's the one on the back.

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And then a privacy wall on the second floor, we built a deck a few years

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ago, and we are actually facing the back of our neighbor. And so the privacy

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wall is for the deck not to intrude on my neighbor's bathroom. Before the wall, we actually

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had direct access to my neighbor's bathroom. And so, that's a little bit uncomfortable for both of

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us. Let me show you a few pictures. Let's see. Again, this is actually for the front. We just

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saw the back. We're on the front or right across Hancock Street. And then let me do this. Yes.

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And so, this is the front of our house. It's a three-story building with this very narrow

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garden on the back where we have the gate so we're asking for the gate to be the parking spot and then

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as you continue you notice that it's really really long it's just narrow but really really long

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and so i'm not sure if it can be seen but there's actually a um bay window that we're hoping to uh

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to get rid of and then be able to like play the the the deck on that side and as you can see the

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the garden is very narrow and so that's the idea also for having a deck really wider than

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Otherwise, it would be almost like a sidewalk as opposed to a proper deck.

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This is the front of it, which is the space.

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The second picture here is the front of it.

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So, that's where the parking of the car will be.

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Hoping to have some sort of cobblestone that would be nice to follow up with the Philly style.

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Yes. And this is actually the back.

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So, as you can see on the second floor, we created a deck a few years ago,

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and we put a privacy wall, which is, I guess, solid, I guess, if you look at it from a perspective.

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but this is actually the back of my neighbor's house.

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And so my neighbor's is a small row house,

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where the bathroom, as I said, is on the second floor.

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And so for the longest time, I could peek into his bathroom,

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and that wasn't appropriate.

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This is the view of the deck from our side.

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So as you can see, it's solid.

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So it's actually worse on both ways.

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I also have a picture of the actual diagram.

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And let me see if I can zoom a little bit more.

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Yes, a little bit.

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Yeah, so this is basically, this is the front of the house.

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that's where the two cars are, on Hancock, which is on the North Square Park side.

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So the idea will be that as the gate, the way we already have in place for that to become a parking spot.

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And then the deck will be on this side of the house, which will be on the garden side, so to speak, on the right side.

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So try to make that wider.

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And then the privacy will be on the second floor, which is on this portion here.

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so it's actually a view of the whole the whole project right so i've been lucky enough to be

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able to purchase the property in the back so this allows for two parking spots one for my

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renter and one for myself uh and let's see last thing i have i do have the also the

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the rco but we had a few weeks ago so that was a support eight or post three uh here is the

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I believe there's a STRIX review, and last but not least, we also have the no tax, or the tax clearance letter.

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So, yes, and I think that's all I got.

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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 our attorney, Hillary Emerson?

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Comments from the virtual audience?

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There are no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman and board members.

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Good morning.

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David Fecta with the City Planning Commission.

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The comprehensive plan recommends this property for residential single-family zoning.

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However, in a community requested rezoning in 2021, the Neighborhood Association requested the current zoning of residential multifamily.

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