civus
Hearing video

ZBA Hearing - March 15, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 15, 20234h 49m

the remaining documents are typical documents that we would see in a presentation such as this

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tax certification. I wanted to get to the zoning map just to show the board

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that the size of the lots on the block as compared to our property, you can see they're all about

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the same size. Some are below, some are over 1,000 square feet. Ours are just a little bit

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over 1,000 square feet. So it does fit in with the remainder of the block. One other document

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I went to show the board was the zoning record from the adjacent property at 330 Carson Street

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right to the west. Single-family home with private parking garage was granted in October

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of 2018. Here's the zoning use permit from that time period, again, indicating single-family house

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with the garage. So in summary, this application or request for variance basically fits in with

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the remainder of the block. It's in harmony with the code. We're not asking for any issue

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with regard to height, open space, or rear yard. And we have generally the non-opposition

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of the community group. And with that, Mr. Chairman, I would rest and ask that my client

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adopt a testimony? Sure.

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Mr. Flanagan, can you

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unmute yourself?

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Mr. Flanagan, can you please

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raise your hand?

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Mr. Flanagan, can you please raise your hand?

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Brian, can you hit raise your hand as an icon on the screen?

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Brian, can you

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raise your hand as an icon on the screen?

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Mr. Flanagan, please unmute yourself. We'll wait for the chair.

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

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Brian Flanagan, B-R-I-A-N-F-L-A-N-A-G-A-N.

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

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Yes.

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Proceed, counsel.

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Good morning, Mr. Flagon. Have you heard my testimony?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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And one thing I just wanted to point out for the board, I've been showing the wrong elevation of the house.

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This is the elevation that the community group approved, which is a change in color from from red brick to a lighter color to match some of the existing homes on the block.

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So I just want to clarify that for the board.

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And isn't that correct, Mr. Flanagan, that we are now changing the elevation to a lighter brick and also including some glazing on the front garage doors?

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That is correct. Yes.

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Thank you, Mr. Flanagan.

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Thank you, counsel.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Mr. Chair, this is Hillary.

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I just have a quick question for Mr. Clinton.

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Mr. Clinton, you mentioned something about a change in height of the parapet.

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Is that a change on the site plan?

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No, that will not affect the site plan, Ms. Emerson.

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Okay, thank you.

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Sure. The other thing I should mention is the two lots that we're subdividing will be 1,138 square feet and 1,032 square feet. I don't think I said that during the presentation.

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You said it was slightly over 1,000, but thank you. I appreciate it.

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Questions or comments from the virtual audience?

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Chair, we have Carolyn Witt with her hand up.

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Sure.

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Ms. Witt, you can unmute yourself and wait for the chair.

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

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Hello, my name is Thomas Kuna, and it is spelled T-H-O-M-A-S, last name Kuna, K-U-H-N-E.

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

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Yes, I do.

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Are you a neighbor?

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Yes, I am. I'm located at 317 Carson Street.

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Proceed, sir.

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I just had a general question about what they plan on doing with the telephone poles that are currently in front of that open lot.

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Any of the telephone poles that are going to be in the way of turning into the garage will have to be relocated.

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In front of another person's house.

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Or in between the two houses so it's not obstructing anybody else's access.

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Okay.

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That was my general question.

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Thank you. Thank you. Any other? Thank you for calling in, sir. Any other questions from the audience?

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I see no handshare. Planning Commission.

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Thank you, Chair. 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 and nothing but the truth?

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Yes, I do. Proceed.

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the comprehensive plan recommends a zoning change to rsa3 the dimensional requirements

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of the zoning code do not create an economic detriment for the appellant and the proposed

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dimensions by creating two lots with front-loaded garage parking conflict with characteristics of

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the surrounding neighborhood the city planning commission recommends that the zoning board

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deny the variance. Thank you. MI 2022-005-934-332 Carson Street, I vote yes. Thomas Holliman,

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my vote is yes. James Snell, my vote is yes. Ishmael Shahid, my vote is yes. Thank you,

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Council. Thank you, Mr. Chairman. We're going to jump to case number four, MI-2022-006-008-6300

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Drexel Road. Recommendation of support from the Overbrook Farms Club.

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Applicant also has a letter of support from the nearby neighbor.

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An historical commission confirms his properties in an existing historic district.

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Jacqueline Blinstead, and William Rush.

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Ms. Blinstead is coming back in as a panelist.

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Sure, thank you.

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Good morning.

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Could you state your name, please, and spell it for the court reporter?

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Jacqueline Binstead, J-A-C-Q-U-E-L-I-N-E-B-I-N-S-T-E-A-D.

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Jacqueline Blinstead, J-A-C-Q-U-E-L-I-N-E.

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

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I do.

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And this is for the erection of an addition above and at the side of an existing detached

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structure, detached accessory parking structure, for no change to the existing single family

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household living for the addition of an accessory dwelling unit for no change to the two structured

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garage off-street parking spaces size and location as shown in the plans whereas the expansion of a

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non-conforming structure is not permitted in the required rear yard and the required rear yard

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in the rsd3 zoning district is 25 feet our vice chair has a few questions for you okay okay

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed all the required documents and exhibits into our offices five days in advance of this hearing?

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The exhibit was emailed five days in advance and one support letter I emailed on Monday, just two days ago.

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Okay, thank you. Please proceed and share your screen.

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Green button on the bottom.

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I had it.

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Share screen.

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Share screen.

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Well, this is harder than it looks should be right at the bottom right the green screen

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little green arrow share screen right at the bottom of the zone right i'm clicking it

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i click on the share screen and then it should open up another window giving you options of

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what document you would like to share right click on the document then you can hit that

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other shit yeah there you go you're up oh you can see it oh fabulous we're up all right great

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Great. Okay. So as you explained, the refusal is for an addition on top of and a little bit to the side of a non-conforming structure, my garage.

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Here's the application for appeal, project information form. You're seeing all this?

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Yes. Okay. The deed for myself and my partner, the co-owners, and here's his authorization letter allowing me to speak on his behalf.

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Tax cert. Here's the full zoning information. We'll get a little bit more detail a few slides below.

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It's a corner property, so posting on both sides of the street.

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So here's more detail. This is what we would like to enlarge. The garage would be underneath this

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and there'd be a little addition to the side and an apartment on top of the garage. No change to

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the existing house, no change to the side yard. This is the existing house. This is the garage

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that's there now and we would like to build on top of it and a little bit to the side. No change to

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the house. And we'd like the garage to be made as if it was a historic carriage house that's

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always been there. So we'd like to use the same kind of Pompeian brick with the same kind of

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brick pattern. So this is what you would see from my driveway. This is what you would see from my

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next door neighbor's house. This is what my backyard neighbors would see from their backyards.

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This is what you would see from the side street. There's a big yard in front of it, but you would

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see that from the side street, from Lancaster Avenue on the side. So this is the garage. It

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could fit two cars. The small addition to the side would be primarily for the stairs and a small

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elevator. So my mom could get to the apartment above. And this would be her living space. So

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a little bit of storage for the stairs and the elevator, but living space would be above the

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garage. So this is what's there now, and this is what we would like it to be. So it would look like

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And this is what we would like it to be.

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So it would look like it's been a carriage house that's always been there.

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it's been a parish house that's always been there.

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So this is the footprint now.

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This is the garage footprint now.

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This would be the additional little bit of footprint.

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These are some neighbors that have two-story garages that look a lot like their main houses.

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And I want to keep in that style.

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So this is what you currently see from Drexel Road.

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This is what you would see if it was built.

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This is what you currently see from Lancaster.

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This is what you would see from if it was built.

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We sent the letter to 70 plus neighbors

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about the RCO meeting and today's meeting.

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And the RCO meeting, the seven board members supported it,

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and none of the other attendees at the meetings

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had any opposition.

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The letter from RCO.

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This is from the Historic Commission explaining

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that uh an adu is okay because it's a historic district and this is the support from my the

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support letter from my next door neighbor that's it questions from the board no mr chair no mr

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chairman questions or comments from the virtual audience i see no handshare planning commission

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Thank you, Chair. Sarah Bond, S-A-R-A-H-B-A-N-H. The comprehensive plan recommends no change to the existing residential single-family zoning. The proposed use will not cause detrimental impacts to the neighborhood beyond what might normally be expected. The City Planning Commission recommends that the zoning board grant the variance.

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Thank you. MI 2022-006-008-6300-Drexel Road, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ismail Shahid, my vote is yes.

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Thank you. Thank you very much.

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All right. Number two, MI 2022-005-970-2797, Welsh Road. Joseph Consul is the attorney.

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There's a recommendation of support from the Home Circle Civic Association.

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Mr. Consul is coming back in as a panelist.

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Thank you.

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Good morning, Mr. Consul. You've already been sworn.

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State your name for the record, please.

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It's Joseph Consul, C-O-N-S-O-L-E.

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Could you identify your client in relationship to the property?

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My client is Ms. Nadine Ellerby, and she is the owner of the property.

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Okay, and our vice chair has just a few questions for you, sir.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed into our offices all the required documents and exhibits to proceed with this hearing five days in advance of this case?

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Yes, sir.

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Thank you. Please proceed and share your screen.

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Did that work?

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It does.

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All right. So this property is 2797 Welsh Road. It's on the corner here of Welsh and Sharpley. The property that we're here for is the, if you're facing it, the left house of this attached house here.

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The reason we're here, and I'll move my packet over here, it's because Miss Nadine Ellerby shortly after moving in paved a portion of this area on the left here to use as an additional parking for a second car in front of her house.

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And unbeknownst to her, she required a variance because that was encroaching on a required front yard.

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And so after several years, it eventually got around to being in front of L&I, and they told her that she needed to get this variance.

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So she's here seeking approval to use these two spaces in front of her house as parking.

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As you can see on this road, there's lots of parking up and down.

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In front of her house is blocked off, and it really should be blocked off even further because cars have been hit, parked, her car specifically, parked in front of her house prior to her actually creating the space first.

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Her car specifically parked in front of her house prior to her actually creating the space for herself, because this corner here, and if she's on, which I believe she is, she could attest to how fast the cars whip around this corner here.

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So we were here seeking approval to use that space as parking for her.

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We went in front of the Home Circle Civic Association.

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We got full support. Everyone thought that that was a fine thing for her to do, given the location of her property and the lack of opposition.

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Proof of our mailings.

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And just proof of our photos.

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We submitted plans to legalize this as was required by L&I. So those are the plans that she had drawn up and submitted.

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and our tax clearance certificates and proof of ownership for Ms. Nadine Ellerby.

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She took possession in 2018.

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I don't have anything else to add except to call Ms. Ellerby.

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Ms. Ellerby, could you raise your hand if you're on the chat?

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Okay.

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I'll get to it.

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and miss you can unmute yourself okay can you hear me good morning could you state your name

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please and spell it for the court reporter okay my spell my name nadine n-a-d-i-n-e last name

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ellaby e-l-l-e-r-b-y right you swear or affirm tell the truth the whole truth and nothing but

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the truth. I do. Proceed, counsel. Good morning, Ms. Ellerbee. Good morning. How are you? I'm well.

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