civus
Hearing video

ZBA Hearing - February 11, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 11, 20252h 25m

Planning Commission.

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commission chairman and board members the comprehensive plan recommends no change to the

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rsa5 residential single-family zoning at this location there is no unique physical condition

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or circumstance of this property to prevent it from being used in strict conformity with the

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zoning code. This is a primarily single-family block base. The City Planning Commission recommends

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the board deny the proposed use variance for two dwelling units. Thank you. We're going to hold the

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vote on this until next Wednesday at 9.30. We'll vote at 9.30 a.m. You can come in and listen.

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You don't have to come down here. If you don't want, you just listen on the phone.

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We're going to have other board members watch the video of the hearings, and they'll vote. So we're

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going to vote next Wednesday at 9 30 okay thank you for coming in and we do appreciate you

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number three MI 2024-004-313-2649-South 18th Joseph Vaccaro is the attorney this is a resumptive

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hearing. Good morning. Can you hear me? I can, Mr. Vaccaro. Could you please state your name

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and spell for the stenographer? Good morning. My name is Joseph Vaccaro, V-A-C-C-A-R-O,

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attorney for the applicant Damien Canelicchio. Do you swear or affirm to tell the truth the

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whole truth and nothing but the truth? Yes I do. Mr. Vaccaro as you know this is a resumptive

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hearing the purpose of this hearing is for you to present additional plans and photos

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you'll have questions from the board testimony from the public and the planning commission

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will make a recommendation so Mr. Vaccaro could you please start? Yes thank you if I may share my

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screen

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I'm trying to

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expand

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increase the

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size

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can you see that um we see city of philadelphia project information form okay i don't see that

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What I see is a blank, is a blank.

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That could be a problem.

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Yes.

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All right.

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Oh, this is.

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Okay.

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Can you see that?

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Can you see the project information form?

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We do.

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Okay.

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And you see me scrolling it up?

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We do.

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Okay, fine.

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Just want to make sure that we're all on the same page.

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So just to recap, so we could go through the exhibits.

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We have the deed. Damien Canalicchio had purchased the property. He had purchased the property on February 20th, 2024. Damien is married to his wife, Nicole. Scrolling down, we have the deed. We have the tax clearance certificate, the refusal with the application and the project information form, all items and documents that we had reviewed at the previous time.

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There was an inquiry about how high the building or the proposed addition of the third floor to this home would go.

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We've supplemented the plan starting on page 14.

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Just want to make sure that you see that.

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We see your plans.

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Okay, and I'm just zooming in.

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Specific inquiry was made as to how high the proposed addition would go.

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On page 14, we have grade, sidewalk level, first floor, 10 feet high, second floor, 20 feet high. The proposed third floor would go up to 30 feet high, with the proposed pilot house, 8 feet high.

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So, total, it would be 38 feet high.

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Scrolling down, this would be the rear view of the property, front view of the property.

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Here's a side view of the property.

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Scrolling down.

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The existing first floor, there would be no changes to the first floor, which is 665 square feet. No changes to the second floor, which is 668 square feet.

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On the existing first floor, there would be no...

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And the proposed third floor would be 670 square feet, with, again, approximately 68 square feet for the proposed pilot house.

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By way of background, additionally, Damien and his wife, Nicole, they grew up in the neighborhood. They went to school in the neighborhood growing up. They live in the neighborhood. All their families, both of their families, they all live within a five-block area of the current home.

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Damien and Nicole, they live with their daughter, Deanna, as well as Deanna's two children, ages three and five.

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And their stepson, Santino, he comes in from Penn State every weekend.

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Mr. Vaccaro, I was understanding, under the impression you were going to show us additional photos, too.

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Yes.

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Could you show us the photos?

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Sure.

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Here's the front of the house.

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Here's the front of the house, the rear of the house, here's across the street, there's the Dunkin' Donuts, here's up the block.

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And by way of comparison, we have 2439 South Bouvier. For comparison, this is on the next street over about two blocks up, by way of comparison.

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So those are the additional photos with the revised plans that we've included into the packet.

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By way of background, the family, it's a growing family, and the family needs additional space.

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Currently, the house is about 1,300, a little over 1,300 square feet.

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He's trying to bring it up to about 2,000 square feet.

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um he basically wants to keep living in the neighborhood with his growing and expanding

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family um he just doesn't want to go into the into the suburbs he grew up in the neighborhood

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he lives in the neighborhood with the family that's growing and and he needs the extra space

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um beyond that um if the board has any other questions of me uh we have we do have the

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support, which was reflected

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here on page 26 from

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Gerard, a state area residence, where they support the

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project. And there was also, the neighbors had

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a petition was put around

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the neighbors and they support it.

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And here's the poster.

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so if any members of the board has uh any questions this is just a growing trend

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that's going on um a lot of homes are trying to build a third floor to try to increase the space

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so that they could stay in the neighborhood that they've always been in mr vicario is your client

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maybe he would want to adopt your additional testimony gladly uh damian canalicchio can you

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raise your hand Damian are you there he's Damian Canaleco I'm sorry I heard a lot of echo

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Damian Canaleco please accept the promotion to a panelist

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good morning sir

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you have to unmute yourself

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how about now yes we can hear you okay i'm sorry i apologize damien could you turn on

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your video so we could see you all right okay

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thank you could you please state your name and spell for the court stenographer yes damien

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Canelicchio, D-A-M-I-O-N, last name C-A-N-A-L-I-C-H-I-O.

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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, sir.

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Please proceed, counsel.

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Thank you.

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Damien, did you hear my presentation?

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Yes, I did, sir.

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Was it accurate and truthful?

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Yes, sir.

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Would you adopt it as your own if you were to testify?

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Absolutely, sir.

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Anything to add or subtract?

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no sir all right questions from the board yes one mr

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No, sir.

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Okay.

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Questions from the board?

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Vaccaro can you scroll back up to the plans you were you went through them

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quickly okay so the which page of the plans were you interested in not this

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one. I couldn't really tell. You went through them really quickly. Not this one. Okay. This

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is the proposed third floor. Let's start here. Could you zoom in? Sure. Let me scroll in

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a little bit more. Here you go.

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okay and then is there an elevation yes new facade yes hold on let me go back to

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the first page so here's the facade front and back the elevation you see my

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cursor it's over yeah i can read it if you could just zoom out a little bit sure so the whole yeah

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uh let me move up a little bit do you need me to zoom out a little bit more

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so we could get the pilot house in no oh okay i think i'm good i got that part okay

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so here it is grade 10 20 and 30 and you said the right is the back i mean the right is the front

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and the left is the back the right no damien is the right the front or the back yeah it looks

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like that's like the little breezeway that's the the second window on the right the the right is

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the front the left is the front where my cursor is yes yes sir okay it's confusing because the

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breeze weighs on the left hand size so it kind of looks like the front too and then the railing for

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this roof deck is at the property line on both sides that's my understanding do you like a setback

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mine from the way it's drawn yeah let me let me see if i could pull up another drawing on this pack

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but there it is on this corner

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yeah i don't know what drawing that is though that's not a section yeah and it's a nation and

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It's not an axon.

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Okay.

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I mean, Damien, do you know where your railing starts for your roof deck?

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Yeah, there's a setback of about 10 foot, 12 foot.

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And is it from the front or from the rear?

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Oh, it's from the front.

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The front's a setback.

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Okay.

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All right.

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Other questions from the board?

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Yeah, I have a question. So is this that would this be the only third story edition on the block?

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I know you showed another block, but on this particular block, would this be the first third story edition?

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I believe so. There's a crosser street. I mean, they're going all over.

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I'm not I'm not sure if there's one on my block. I don't I would say I don't I don't believe so.

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but behind me there are and in front of me they just built the like townhouses that are like

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three stories and then across the street from me there's about two of them

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okay and on the petition i saw uh the neighbor from 2647 uh sign a petition but the neighbor

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on the other side sign a petition as well or there is no there is no neighbors over there

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at Dunkin Donuts and they just built a four-story building at like condo uh sorry townhouses

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association over there and they were building that over there you don't have neighbors on both

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sides of you no no there's no neighbors at that I got all the neighbors on the back and and then

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on the side of me because I'm like the second house from Oregon Avenue they're familiar with

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the neighborhood second house in the corner there's a restaurant there and then it's my brother's

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house and then me and then up the street I got all them neighbors and they all were cooperative

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and sign the paper and of course street they weren't they're like just starting to sell

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over there but they they're taller than me they would be taller than me because they're going up

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like four floors um okay and the last question is uh can you just explain the hardship for you

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not having the uh eight foot setback on the third level please i'm sorry i don't understand the

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I'm sorry, I don't understand the question.

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question could you explain uh any hardship that you have for not

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Could you explain any hardship that you have for not having the eight-foot setback for the third story?

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I didn't.

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You're asking me why I didn't want the setback?

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Why don't you want the setback?

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Well, I didn't really think I needed it.

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I don't know.

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You're trying to maximize for your growing family.

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Yeah, just trying to get as much room as possible with the grandkids and everybody coming and visiting.

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And my granddaughters and grandson, they moved in with me for the time being.

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Damien, I have one more question.

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I need more room in the house, actually.

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There's about six people there.

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All right.

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Question.

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How many houses are on this block?

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I would say about 15, maybe 20.

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You're saying that there are 15 or 20 houses on this block, and there are no other additions like this on your part of the block.

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No, my brother's actually thinking of doing when he's next door.

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Yes, but there's no no one else has done it.

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Up the street. Yes. I mean, there's up the street.

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On my street. No.

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OK. All right. Thank you.

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could you could you explain again where your house is i mean we're having a trouble we're

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looking at it on a map and we see three from away from the bar is that right yes yeah it's a third

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one in from oregon okay um it's my it's the bar another house then my brother lives next door to

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me and then it's my house there'd be three houses from the bar so it's actually just to confirm your

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brothers at 2651? Yes. Mark Calico. Okay. And then you talked specifically to the neighbor

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because you had a signature from 47. Have you talked to 45 or 53?

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Where would that, I talked to every neighbor up the street. My brother's been there 14 years

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and we went door to door. We are concerned about your brother because he is the neighbor,

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but I think we're wondering like the house next to your brother's house. Yes. Yes, we did speak

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to him and do you know if they signed the petition because it just it went really quickly so we're

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trying to i'm i'm sure they did i'm i'm actually really friends with with with the people there

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we're really close he's been there 14 years and everybody was cooperative and happy i'm staying

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they want me to stay because otherwise i would have to move i don't have the room

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mr vicaro do me a favor show us the new development across the street

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see if i have a

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you have it it's you know of course the one across the street you just went by it a couple

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minutes ago so they're all three stories with roof decks i'm sorry i thought it was four

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so i thought it was a four story up there one two three roof deck and that's actually higher than

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what you're proposing to do right any other questions from the board

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questions or comments from our attorney

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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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Chair, we have Anthony C. with their hand raised, and they have been promoted to panelists.

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