civus
Hearing video

ZBA Hearing - December 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20206h 9m

rco and do you have a letter uh we forwarded everything except for the tax clearance and

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a letter from the RCO five days in advance. I did forward an email five days in advance

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from the RCO reflecting the unanimous non-opposition to our proposal. I believe that

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letter came out on Sunday, over the weekend, both to the zoning board. I had it, have it. I also

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forwarded it to the zoning board's attorney to make sure she had it as well. So you should have

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had that. The tax clearance was after the five days, but that has been forwarded and uploaded

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it as well. Okay, so we have everything. You may proceed. Yeah, we did meet, obviously, meet with

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the RCO. So again, my name is David Orfiniti, and I'm here. May I share my screen? Yes, please.

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Okay. You all see that. Nothing yet. Nothing yet. Let's see.

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how about that yes we have thank you okay fantastic um and i'm here this afternoon on

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behalf of case of basha who's the owner of 1206 altar street um running through our index of

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exhibits you can see at exhibit one is our notice of refusal uh the application is for a single

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family dwelling 38 feet tall uh four stories with a front-loaded garage uh obviously at the front

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uh roof deck roof deck pilot house uh we the property zone cmx3 we you'll see in a little bit

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that our side the south side of the 1200 block of altar street uh save for the uh three vacant lots

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fronting on with altar street addresses and then the corner property at southwest corner of south

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12th and altar street being vacant um the remainder of the properties um except for two

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other ones are single family dwellings um and then of the 14 or the 15 that have frontage

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on the property uh or on the block one is four vacant six have garages uh seven with what we're

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proposing of the 15 total but it's own cmx3 cmx3 does not allow single-family

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use so you see we have a refusal for that but again as you'll see there are a large

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So you see we have a refusal for that, but again, as you'll see, there are a large number, other than the properties that I've brought before the board in the past, for mixed residential and non-residential use.

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Everything else on the south side is single-family residential, the opposite side being all commercial.

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The other issue is that in CMX3, as you can see, for the refusal of vehicular entryways of private residents' parking garages, which this is because it's three or fewer parking spaces associated with the residents.

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and carport shall be prohibited from fronting on any street,

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whereas the proposed vehicular entryway is fronting on Alter Street, as I discussed.

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So we have two refusals.

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I did include my email correspondence with the examiner back in October,

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just making sure he didn't miss anything.

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He's sticking to his guns, doesn't feel that there needs to be any change.

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If you wanted to read all about that, you can,

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but I don't believe there's a need to do that.

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Our number two, or exhibit two, is that email from the community group

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that i forward with the package um showing the vote um 15 nothing in support and again

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you have that you should have the letter and i can pull it up if you need um the letter that shows

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the um second and that key they come in on the 13th i think we're good on that yeah here you

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can see the letter and that to you guys as well uh the plans that were submitted to ellen i there

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are revised plans nothing that changes anything substantially from the zoning standpoint other

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than uh the original these original plans that were submitted to ellen i the purple here are the

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comments we received from the streets department which led to some additional revisions um there

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was a conflict whether the building was 38 feet tall or 40 feet tall uh it is 38 feet tall to the

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roof from average ground level again complying with the single family residential rsa fighting

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requirements there was an issue with the far that was indicated the there is no height limit in cmx

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3 but we didn't want to cherry pick we designed this to meet the rsa dimensional uh criteria

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area even though 500 far is permitted the original plans reflected 400 when it's actually

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only 300. so we made some and you'll see we made some other changes by providing turning radius

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streets department details for curb cuts and some other things but other than that

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it has remained a four-story building with the pilot house code compliant pilot house

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code compliant roof deck you can see here there is a cellar which wasn't reflected on the original

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plans and you'll see later that that is uh clearly noted there was an egress well shown

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on the original plans for egress out from the rear um to the rear from the cellar there are

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no bedrooms in the cellar you'll see that in a minute it's a bit for our revised plans again

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just going through the things that i discussed and we would ask it's one sheet that they'd be

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stamped at the board by the board today if you choose to approve the the variances and that i

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did provide those these revised plans and the proviso revised proviso plan form uh to council

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for the board five days in advance

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floor plans um as you can see the cellar no bedrooms again here's that egress up well out

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to the rear family room storage out at the front the parking garage as you can see at the ground

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floor foyer um and passageway or hallways that lead from the rear egress back out to altar street

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comply with the building code second floor is where the common living area is third floor

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two bedrooms one bath fourth floor master i'm sorry here even though it says roof plan and

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floor plan they're kind of flipped a little bit here um on the right is the fourth floor plan

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master suite with master bath closet and then the roof as which is this the illustration on the left

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i-a-2 um shows the roof deck with the pilot house co-compliant pilot house under 125 square feet

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here's a rendering at exhibit six showing what the building will look like as you can see and i'll

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show you the photographs the buildings that extend to our west we have a vacant two vacant lots to

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the east of us to the west of us two single families then the two mixed commercial residential

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buildings that i brought to the board a number of years ago with that both have garages and then a

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number of other uh single family dwellings and other structures with garages extending to the

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west altar street is a dead end street it ends at the rear or east side of the properties that front

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on the east side of south 13th street to the right as you'll see in the photos we have car wash

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and a rental car, rental truck business directly across from us.

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And then a large multifamily down at the northwest corner of 12th and Alter Street.

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of 12th and altar street we did do shadow studies although there are no dimensional requirements so

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We did do shadow studies, although there are no dimensional.

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we won't uh or issues so we won't get into that photographs subject property real quickly here

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oops sorry about that you can see that this this is the properties behind us newer construction

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directly behind us and then the other two-story buildings to either side of that new

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um three-story building that's directly behind us i'm just going to scroll forward real quickly

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just so you can get an idea of the rest of the block that's the abutting property to the west

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two-story single family then we have two-story single family then the two buildings that i

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mentioned the multifamily with non-residential use at the ground floor. Both of those have

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garages. I think they're both duplexes, actually, not multifamilies. And then you can see vacant

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lot past those, and then garage single-family, two-story single-family, garage single-family,

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garage single-family. So it's a common pattern on this block, and then a non-residential

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building it looks like all the way at the end at the west end on our side that has a garage and

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curb cut but it does not look to be residential. Mr. Arfanides if you can summarize and get your

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client on. So essentially what we have here is we have a proposed use that's in keeping with the

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other existing buildings on the south side of the block. We have commercial uses on the opposite

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side there is no parking uh does not appear to be any parking permitted in the street we are if

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there is parking it's on the opposite side where people kind of park up on the sidewalk we won't

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be taking parking away um from on street parking and um given the zoning i we don't know why

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this property is remained to be zoned cmx3 given everything else that's on the south side

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by planning commission and city council but it is what it is and we think that the variances here

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are appropriate. The property can't be used for CMX-3 non-single-family use. It's so small.

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It just wouldn't make sense here. And as such, we think that the criteria for the granting of

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a variance have been met, set forth in the zoning code, and we respectfully request that those two

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variances be granted. Thank you. We don't have your client. Sure. So, Rab, are you on?

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or Basha?

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If not, we'll stipulate you being an officer of court

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that your client would adopt your testimony.

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I also have the architect on the line.

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Ray, can you put your hand up?

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And if Basha or Saurab, if you can hear me,

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put your hand up as well.

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Is anybody raising their hand?

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Bueller?

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Mr. Roller has been unmuted.

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Okay.

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Ray?

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Ray?

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Unmute yourself.

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Ray?

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He's available to be sworn in.

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Okay.

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dark good afternoon please identify yourself with the records spell your first and last name i'll

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swear you in

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david yeah as i said we'll we'll stipulate that your your client would adopt your testimony

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okay they're having some difficulties any questions from the board

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no

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anyone else would like to testify in this case

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if so please raise your hand

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here we have a mr

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we have someone with the last name

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Khan

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yes that's my client

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okay we'll get him on please

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please unmute yourself

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yes I'm on can you hear me

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yes please identify yourself first and last name

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hi my name is

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Saurabh Khan

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last name is

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spell your last name

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K-H-A-N

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you swear or for him to tell the truth

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the whole truth nothing but the truth

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yes

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Mr. Orfanides

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Saurab is your father on the line

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yes he is

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yes I'm here

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please identify yourself for the record

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please I'm sorry

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my name is

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Bacha

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the last name is Bacha, B-A-C-H-A. Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth? Yes, Your Honor, I do. Please proceed.

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please proceed uh basha you own the property 1206 altar street yes and did you hear all the

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Bacha, you own the property, 1206 Alter Street.

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statements i made to the board today yes are they true and accurate to the best of your knowledge

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yes would you adopt them as your own yes thank you you look thank you any questions from the board

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no no anyone anyone else would like to testify in this case please raise your hand

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We have Jacqueline Dorsey, chair.

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She's the next door neighbor, yeah.

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I unmuted myself.

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Good afternoon, ma'am.

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Please identify yourself with a record name and address.

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Okay, Jacqueline Dorsey, J-A-C-Q-U-E-L-I-N-E-D-O-R-S-E-Y, 1208 Alta Street.

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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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Please proceed.

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My concern is there's an alley in the back of that property, where that pole is, and my concern is that they don't block that alleyway, and then it's an alleyway that comes along the side of the property also.

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George Finites, your diagram, I think it's, you don't go as far out past the alleyway, do you?

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there is no will the alleyway still be maintained there's no alleyway by the deed there's no alleyway

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on reflected that we backed up where is that pole that pole ma'am ma'am ma'am ma'am one at a time

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please let me so what i reflected um to the neighbor who was on jack jimin's dorsey was on

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is on the call now was on the zoom call for the pasturing square civic associations meeting

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uh last week was that um rd does not reflect an alley the property to the west east of us which

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you see the wood stockade fence in the posting photo i provided to you does not reflect an alley

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the property to the south of us does not reflect an alley we're we're building within our designated

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property lines you're not exceeding the property behind us we will not be building into it you're

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not exceeding your property line right we're not and if there's some type of utility easement back

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there i mean we're not developing in the back so that will still be there i we don't i don't have

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access to the full uh record history for this property with the recorder of deeds there may be

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utility easement in the rear if there are photos if you i have photos that show lines that run

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between the rear of the properties on the south side of altar on the 1200 block and on the north

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side of peters which is the property the block behind us to the south but there's nothing in our

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deed her deed or the property on either side that reflects anything about an alley being behind her

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property our property or any property back there there's something that we're not developing back

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there in any event so um it's going to be we can put a gate um you know if need be for her to still

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get out let me ask you this question that white fence the property to your rear yeah how far

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away from that fence will the rear of your client's building be i mean i mean but i don't

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know exactly where that would be i mean i can go back to the plans like when you go and stake out

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we i mean these our property hasn't been staked out which i'm going to recommend to my clients

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that they do but it may extend all the way to the white i don't know that i just know what our deed

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reflects and we will we will be building within what our deed reflects not an alley back there

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we're not building it if that post is actually on the property that post may be actually on

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the property behind us although their deed didn't seem to reflect an alley either excuse me counselor

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can you show the uh zoning plan again yes sir

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so and i also have the deed which you can show and i'm actually when we were on the community

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group call i actually went through and pulled up all the deeds um miss dorsey's deed the property

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to the property to the east that abuts us and the property of south that abuts us and none of the

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properties reference an alley back there you know whether there's been one i mean she hasn't owned

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the property for over 21 years um you know whether there's any other claims to any type of easement

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back there um i don't know but can you can you counselor can you enlarge the zoning plan please

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the site plan portion no the zoning plan that's what's up that's what's up right now yeah the

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well the key plan enlarge that okay yeah there's nothing yeah i checked that there's nothing on

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the zoning plan and i can you can see it in my drawings normally you'll see oops you'll see

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something reflected like because they have the tax maps imposed upon or the

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