civus
Hearing video

ZBA Hearing - January 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 20, 20215h 3m

It was never shared or accessed by the garage,

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and the garage hasn't been operational in many years, but it was never intended.

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At some point, there was another access in the rear of the garage,

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which is one of the reasons why that garage is refused.

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One of the refusal items is that currently on the other easement that Rachel was referring to,

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that is the only way in and the only way out of the proposed parking garage,

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which is in itself not legal, but a terrible, terrible hazard in that that easement is shared with two parking garages,

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an outdoor parking lot and an indoor parking garage for the property next door to be constructed.

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It is also shared as a rear access to the businesses on Old York Road, and cars coming into the garage as proposed by this applicant and leaving the garage all use that same easement.

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I do have someone on the line that can share a picture.

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I think the board has pictures of what that easement looks like for the parking garage.

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looks like for the parking garage if that is the other easement that Rachel is

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If that is the other.

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referring to where potential pedestrians would access the building that

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absolutely is not even a remote possibility share her screen so that

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everyone can see the photos that I'm referring to but I do believe that the

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board does have them I madam chair I have a CL Morton I'm correct it Tina if you can share your

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screen of the photos at the bottom of the letter can you put your name and address on the record

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please excuse me you need to unmute yourself okay um let me share hello hello can you hear me yes i

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can can you put your name and address on the record please sure cynthia morton 1634 widener place

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philadelphia pa okay and do you swear or affirm to tell the whole truth and nothing but the truth

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Yes, I do.

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You may proceed.

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Okay, Sandra, which picture you want up first?

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With the photos at the bottom of the RCO letter, there's just two photos that show the second easement that is going to be used for the parking lot, parking garage.

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Can you pull it up so that both of the photos are visible?

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You have it now.

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You have it now.

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That's it.

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That's it.

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Leave it right there.

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That's the second one.

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That's the easement for cars and for pedestrians.

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We can't hear you.

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is anyone there who's going to testify

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i think miss broadest is trying to talk but we can't hear her

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can she contact sharon saletta the attorney i will give her sharon's uh

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telephone number, and she'll call you right away. Okay, that's great. All right, put this on hold

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for one second. What are we doing? I'm going to send you Sharon Saleta's number. Call her, and

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she'll put you on speaker with them. It'll be more reliable than what I'm doing here. Okay, all right.

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You can try, you can try, but I'm going to also send you her telephone number. Okay.

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who's operating the slides morton miss morton yes yes can you stroll up to the driveway behind the

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houses can you stroll up do you have a picture of the driveway behind the houses behind the houses

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she just sent me these two okay no the houses would be on the left i think

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Right. I think the entranceway.

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Excuse me, Vice Chair.

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lady. There's a in the package there's a picture if the counselor can show her package there's a

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picture of the driveway for the uh where the uh residential on the 15th so can you show that

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on the 15th of that driveway happy to um excuse me this is Sharon I also have

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driveway? Happy to.

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Ms. Broadus on the on the line now

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Ms. Broadus are you able to hear the board um I can hear the board if you don't hear me

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hi Ms. Broadus we can hear you we can hear you

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Okay. I heard one of the board members requesting something and I don't know what he just said.

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He just asked me to show a picture of the driveway. So I have that up on the screen.

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oh okay um okay um i'm i'm i'm jumping over to the refusal items on the easement but that

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if we can just i i'd like to focus on one side or the other and if you prefer that we stay

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on the entrance and exit um the residence it takes an entire um it takes the prop the width

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of the driveway to get up and down the driveway where they're proposing the entrance for the

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apartment. But more importantly, they also have the mailroom there, packages, deliveries,

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vehicular traffic of residents being dropped off and picked up at their front door, anything so

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much as a piece of delivery has to come through that driveway for the residents of the apartment.

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So there will be vehicular traffic in that driveway that pertains to those apartments

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as well as the residents of 15th Street trying to come in and out of their garage.

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We stood in that driveway and there is about the length of three bodies with their arms

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out across and that is all the space there actually is so it is very dangerous um the liability for

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the residents as people are coming and going walking up and down that driveway 24 7 is tremendous

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not to mention um the noise factor and all the other things that would be going on as people

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are coming and going in the rear of residential homes that is very much an inappropriate place

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for the entrance of a residential apartment building to be very imposing on the neighbors,

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one of our main concerns.

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And again, it was never viewed as an access point for the apartments in the past.

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that was just not one of the uses um switching over to the other easement

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that easement again will be used to enter the two-story parking garage but it is the only

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entrance meaning that a car so much it stops um vehicles can be trapped in that parking lot

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until they moved.

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It was

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answered by the applicants

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and they were actually understanding

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that the businesses

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won the right of that easement

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so as you see, all of the

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track out there, all of the

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documents are out there. Also

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we see

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their deliveries there

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even though it was

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stated by the

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applicants that they thought that

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all the businesses got their

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You know, I think we're I think we're going to discuss this. Can I request? Excuse me?

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Sandra, we're going to discuss this in executive session. Before you do that, Madam Chair, would it

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be okay for us to request a continuance to see if we can speak to the neighbor to see if there's

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any way we could work something out and then we can come back to you to I think that might make

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the discussions a little bit easier so we can have a chance to see if we can work with them

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would that be okay and then if not I'm happy to just allow the board to make a determination at

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that point how does the board feel about that well you can come to a compromise that would be great

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I don't see where the things that we're addressing can be compromised on.

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There is no other way in and out of a parking garage.

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of a parking garage if there is a a entrance to the building in the driveway that the neighbors

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If there is an entrance to the building.

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are absolutely berserk about i don't know unless you move it as was suggested by the board member

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um to a grain street frontage as it should be um that's not something that is a compromise

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no we just would like and i'm not asking for a compromise i'm asking for people to get together

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and talk to see if maybe you can reach an agreement sounds good mr account vice chairman

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okay so we're going to continue thank you calendar number 196 strike that we're going to continue

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calendar number 1230 the address is 1407-09 grain street excuse me yes sharon vice chair

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If there is going to be another resumption hearing, it would be good to have, be able to announce the date in order that everyone who is in attendance will know when to return.

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Do we have a date?

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Fatina, are you able to?

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and well first i'm checking now i'm checking now about how much

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miss pritzker miss broadest do you have any suggestion of how much time would i think you

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know i think we need some time i don't want to have a quick turnaround i think it's been clear

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that there's a lot of stuff for us to need to figure out and so i i'm not i don't want to rush

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this because i if i'm going to bring this in front of the board again i'd like the time to kind of

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iron this out you know thoroughly so approximately 30 days somewhere 30 days or more is fine

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i can't i couldn't hear

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sharon 30 days would be fine um or or or longer 60 would be better

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yeah i think so because again i don't want to bring this to the board and and not have

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more time to iron out the concerns. So I think that would be best. Okay. So, Fatina, somewhere

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in the vicinity of 60 days from today. Okay. One moment, please. Okay.

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Are we getting a date?

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Yes.

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Okay, thank you.

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Madam Chair and Council, is it necessary to bring everybody back?

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Should we just close the record and just get feedback via letters from all parties?

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No, if we close the record, we wouldn't even be able to accept letters.

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And if there's been, if it results in a change of plan, I mean, the next hearing will be

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limited to presentation of any changes and feedback on that.

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I think we said that the last time.

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I know.

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This is another hearing.

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So the next hearing is going to be on the easement or on the height?

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It should be on all of them.

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On all of it.

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Okay, I'm just waiting for the date.

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We're not going to continue to hear testimony now.

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Maybe limited to whether the parties were able to reach an agreement

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and if they were

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what the terms of that agreement are.

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Okay.

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I'm sorry, board.

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My calendar is loading.

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It shouldn't be much longer.

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Okay.

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February 3rd at 2.

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Okay.

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What was the date?

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February 3rd might be too soon.

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I think we're talking about 60 days.

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Do you have a date in March?

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Satina?

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March the 24th.

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Okay, perfect.

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At 2 p.m.?

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At 2 p.m., yes.

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Wonderful.

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Thank you so much.

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I appreciate it.

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Sounds good.

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Thank you.

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Sure.

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Thank you.

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Okay, calendar number

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1963, 1127 North Hancock Street.

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That should be Sean Ward.

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Mr. Ward has been unmuted.

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Mr. Ward has been unmuted, please unmute yourself, I've promoted you to panelists.

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Please unmute yourself.

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Mr. Ward?

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Mr. Ward, you were muted.

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Now you're good.

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Okay.

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Okay.

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Mr. Ward, can you put your name and address on the record and then I'll swear you in?

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yeah sean ward s-h-a-w-n-w-a-r-d address is three three one east street road trevos pa

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one nine zero five three and do you swear or firm to tell the whole truth and nothing but the truth

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i do do you also agree to wave and stip uh there there's i believe a typo uh in the uh

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refusal it indicates a complete demolition but it's a partial demolition that's the only

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uh thing i couldn't stipulate to but it doesn't change the refusals so okay and have you emailed

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the exhibit packet with proof of ownership tax compliance refusal referral photos and plans of

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the property five days in advance of this hearing and have you met with the rco and do you have a

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letter uh yes to all okay great you may proceed um can we confirm that i have the right screen

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chair up is it for 1127 hancock yes it is okay i have two up i got the 330 on the screen too i

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didn't want to give you the wrong one uh madam chair members of the board deck good afternoon

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i am here on behalf of julian bradley who is participating today i would ask that he raise

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his hand so the staff knows where to locate him if and when we need him the property is 1127

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north hancock street and the calendar is mi 2020-001963 i sent in my exhibit packet

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which is screen shared at the moment a1 is the zba application a2 is the notice of refusal

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again it incorrectly indicates a complete demolition when in fact the application was

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for an addition which included some partial demolition of the of the dwelling so it's a

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permit for the erection of an addition to an existing attached structure which is a single

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family dwelling. There is a three-story rear addition over an existing first floor kitchen

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shed addition and then there's a fourth floor addition over the existing third floor at the

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front of the property. It will be used as a single family dwelling so we are not here for any use

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variances. The refusal is for open area 30 percent is required whereas 19 percent is proposed and

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existing. So in other words, beyond the rear shed addition, there is a 19% open area. It's a nine

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plus feet of rear yard. We hope to build over that and we would match the existing open area

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at the ground level. So accordingly, we seek a dimensional variance today. A3 is the zoning

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application. Again, it indicates an addition to an existing structure. A4 is the project information

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