civus
Hearing video

ZBA Hearing - January 18, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 18, 20236h 45m

were these issues that you bring up safety accessibility for the handicapped and Germantown

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for instance always long to be more accessible to the community so we just want to thank them

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and all the improvements that they're saying will also help the community because they've

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never close their doors for any needs of meetings, gatherings, funerals, and tournaments that the

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neighborhood needs. So I wanted to thank them and tell you that over 36 years of associating with

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them, they need the improvement in order to allow the community to have access to more help. And we

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know the neighbors have concerns too, and we agree that there are concerns. But I wanted to leave

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with a note of they are always and any improvements they get will be passed on to my knowledge as

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they've always done to the community. Thank you. Thank you very much for your phone call. Is there

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anyone else in the virtual audience? I see no hands, Chair. Planning Commission. Thank you,

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Mr. Chairman, and good afternoon. David Fecto, F-E-C-T-E-A-U with the City Planning Commission.

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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 i do please proceed thank you sir uh mr chairman and members of the board the

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comprehensive plan recommends no change recommends i'm sorry a change in the zoning of this property

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to special purpose institutional to match the historic use as a school campus the applicant

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requests three variances and one special exception regarding the special exception the applicant has

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shown that the proposed expansion of an educational facility will have no more of an impact than such

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an expansion would be expected to have and the proposed special purpose zoning would allow the

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use to expand without a special exception so the city planning commission recommends the board

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grant the special exception regarding the variances for parking principal buildings on the lot and

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maximum height the proposed special purpose district would eliminate the height limit

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that exists in residential single family one as well as the prohibition for multiple buildings

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on a lot and we thank the applicant for changing the traffic circulation pattern for the campus

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uh for the campus to create what we believe is a more intuitive and safer traffic circulation plan

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to create what we believe is a more intuitive and safer

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safer.

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under the special purpose institutional district the applicant would still not meet their off-street

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parking requirements however the applicant has shown the additional parking spaces required by

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the code would run counter to the safe operation of the campus and so the city planning commission

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recommends that the board approve the variances for height multiple buildings on a lot and required

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parking spaces mi 2022 005 147 23 west culture street i vote yes revised plans how many pages

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hillary one page mr chair revised plans one page stamp izba january 18 2023

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thomas holloman my vote is no

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James Snell my vote is yes proviso

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Ishmael Shaheed my vote is yes proviso thank you thank you council

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number number three

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Thank you, Chairman.

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I'm sorry.

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Thank you.

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Thank you very much, Hug.

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Thank you.

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Number three, MI 2022-005-312-2609 East Tioga Street.

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Henry Clinton is the attorney.

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Letter of support from ProPAC, Fort Richmond, On Patrol, and Civic.

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mr clinton is coming back in as a panelist thank you good afternoon mr chairman i'm mr clinton

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harry could you state your name please and spell for the court reporter sure uh henry h-a-n-r-y

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clinton c-l-i-n-c-o-n right do you swear or affirm to tell the truth the whole truth and nothing but

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the truth i do um could you identify your client and their relationship to the property sure my

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My client is Ralph Loiello, L-O-I-E-L-O, and he is on the call.

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All right.

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Our Vice Chair has a few questions.

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Good afternoon, Counselor.

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

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I do.

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Have you emailed all of required exhibits and documents five days in advance to this

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hearing?

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I do.

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Thank you.

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Please proceed and share your screen.

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So Jeremy can you see the screen is loading yeah it's still loading

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we're up

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is that visible mr chairman large enough yeah that's fine okay uh good afternoon mr chairman

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members of the board i'm henry clinton here for the applicant uh the llc is way wiser llc but mr

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loello is the principal owner and he's on the call so i'll work through the presentation package for

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the board this is the table of contents concerning exhibits aa through a10 which i asked be admitted

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into evidence appearance statement and this is the refusal uh so this is a lot line relocation

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basically taking one large lot and subdividing it into two individual lots. On one lot will be a

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single-family home, and on the other lot will remain an existing commercial garage, which is

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used for vehicle repair and for maintenance. That's currently an allowed use, as the refusal

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indicates, if personal vehicle repair and maintenance was previously approved by the board.

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We have an RCO letter of support from ProPAC, Fort Richmond on patrol and civic.

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They're in support of the project.

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This is an aerial photograph to give the board some perspective on the block.

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This is Toyota, Tioga Street, directly where my cursor is.

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And the building we're talking about is currently three garages to the left of this property on the corner.

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The two-story property on the corner is RSA, excuse me, is a single-family residence, as is the rest of the block is zoned RSA 5.

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But as you can see, it is used as a commercial, so there's a number of pre-existing non-conforming uses.

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The three garages are here. That's the subject parcel. It's going to be split into two.

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The three garages are here. That's the subject parcel. It's going to be split into two.

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This is a commercial space to the west as further west and on the corner is residential.

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Directly across the street is a commercial enterprise across Tioga Street, that is.

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And then to the east of the subject properties, there's additional commercial use and car repair establishments.

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This is a closer view looking east. This is Almond Street in the forefront,

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Tioga directly in front of us. The three garages are to the left and the commercial entity and

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building is to the right as well as to the left. Closer view of the three garages. These two

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garages will be demolished. This larger garage will remain. And then on the site of the two

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garages that will be demolished will be the single family home the plans i think what i'll do is go

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to the site plan first so the lot is a rather large lot it's about 49 feet wide

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right there on the left hand side this so this is existing and then on the right hand side this is

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the proposal. The home on the corner will remain. The smaller lot, which will be about 17 feet and

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change, will still maintain with the garage on the front. As there is one right now, there's a

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curb cut there and two curb cuts to the left. And then the other garage will remain on the other

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parcel. This is a photograph of the property. So what the idea, the design intent was, is to

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maintain uh the roof line of the house next door so it wouldn't overpower the corner step it back

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the property on the third floor uh then have a nice detailed arch here with an entryway leading

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into the living space in the rear uh and there's a there is a deck here on the front which has

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resulted in another refusal floor plan will work from the top down this is a rooftop deck

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just to the rear of the property not toward the front on the second floor there are two bedrooms

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with two baths that's the third floor excuse me Mr. Chairman on the second floor another bath

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bedroom with a full bath kitchen living area and dining area and on the first floor again there's

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existing curb cut and a garage basically if you want to reuse that curb cut for the parking

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and then there will be a bath, full bath, and kind of an office area in the back or living.

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It's really not going to be a bedroom and there is no basement.

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Again, I'll just show the board not to be too redundant, but basically one lot will be 31 and

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a half feet. That will be the lot A, which is the vehicle repair. And then on the right-hand

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side, as I said, the lot is 17 feet and chain 17 and a half feet. And that's where the single

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family home will be. And there's a single family already on the corner? Correct.

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So the rest of the documents, Mr. Chairman and members of the board, are the typical documents

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you would see in a zoning presentation such as this, tax certification, notification to the

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community, our application for appeal. And as you can see, I included a zoning map to show you that

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it is zoned RSA 5, but it's commercial, half commercial and half residential on this block,

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and then directly across the street is actually an industrial use.

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so mr chairman that's pretty much a straightforward presentation uh again we're

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is your client here henry can you raise your hand and be unmuted

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sir please unmute yourself you're free to speak hi uh my name is ralph loiello uh it is r a l p h

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l o i e l o right do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do proceed especially all were you on the uh the call when i made my presentation

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i was and you saw the entire presentation i did and if you had the opportunity to testify

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would you adopt my testimony as your own and as true and correct i would adopt your testimony

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yes true and correct thank you very much questions from the board no mr chairman no mr chairman

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair Bergman.

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David Fechtow with the City Planning Commission.

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The comprehensive plan recommends no change to the residential single-family zoning at this location.

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The applicant is proposing to bring the proposed off-street parking closer into compliance with the code than currently exists.

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However, the applicant has failed to show that a hardship exists requiring a variance from the required roof debt setback.

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So the City Planning Commission recommends the Board grant the variance for accessory parking, but deny the variance for the roof deck provision.

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Mr. Chairman, I can address that.

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Sure.

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If you'd like.

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The way that the house is constructed,

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it was constructed to keep in mind

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the elevation of the house to the east.

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So we were trying to maintain the same roof line

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and have the house step back.

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And when you step the house back,

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there's gonna be an entry area on the front

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to come out to the roof deck.

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And if you go back and you look at the aerial photograph,

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Tioga Street is a very wide street at this point. There's no residential homes across

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the street. It's a parking lot across the street with a large commercial building,

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so we're really not impacting anyone's light or air or looking over into someone's rear alley

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or the rear of their property. So because of that and unique circumstances we have with regard to

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this block. I'm going to ask the board to move forward with the proposed variance. MI-2022-005-312-2609

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East Tyoba Street. I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shahi, my vote is yes. Thank you, Council. Thank you, Mr. Chairman.

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Number six, MI 2022-005-305-4631 Primrose Road.

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Sean Ward is the attorney.

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Letter of Opposition from East Targsdale Civic Association.

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applicant provided petition and support signed by 22 neighbors from the 4600 block of Primrose

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and the 9600 block of Tarsdale Avenue

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good afternoon Mr. Chairman Sean Ward on behalf of the owner applicant Eric

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that's K-I-T-E you've already been sworn you've identified your client

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Mr. Shahid has a few questions for you.

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Yes.

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Good afternoon, Mr. Ward.

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

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I agree to waive the reading of the refusal.

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However, I have issues with two of the refusals.

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I believe they were issued in error as these are non-conforming pre-existing lots.

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We'll go over them in a moment.

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have you emailed all the exhibits and documents that were required to

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proceed with this case today within five days of this hearing yes i did all right thank you

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please proceed and share your screen very good okay sure

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all right can we confirm that everybody can see my uh we can awesome thank you

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you went wait a minute you just went dark

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you're dark hold on

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there you go you're back i'm back okay it's on i'm working with two screens that's why so okay

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uh mr chairman i've submitted my typical exhibit packet on behalf of uh eric kite the owner and

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applicant for the property located at 4631 Primrose Road at calendar number MI-2022-005305.

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Pardon me. A1 is the notice of refusal. This is a permit for a permitted use for the erection of a

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new two-story detached single-family dwelling with a cellar, interior garage, in-ground pool,

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and cabana, and a proposed six-foot fence. It resulted in four refusals. One is the fence four

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feet high is permitted versus six feet proposed the original application called for a a solid

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vinyl fence pursuant to an agreement reached by mr kite with the adjoining property owners

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He has agreed to request a ornamental fence six feet high as opposed to a solid white vinyl, as there are basically no solid white vinyl fences in this particular neighborhood.

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he has agreed to request

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The front setback, 30 feet is required, whereas 20 is proposed.

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The lot width, 75 is required, but 69.4 is existing, as well as the lot area, 10,000 is required versus 7,754 existing.

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We submit that these are existing non-conforming lots, and their refusals for those two were issued in error, as this property was subdivided in 1961, two years before I was born.

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So accordingly, we seek two-dimensional variances, one for the front yard setback and one for the height of the fence along the side of the property.

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A2 is the Zoning Application of Appeal, A3, Project Information Form.

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A4 is proof of ownership, a copy of Eric's deed, having purchased the property in November of 2022.

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A4.1 is an OPA block search to establish that these properties were subdivided, have their own OPA details and account numbers.

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So A4.2 is the OPA detail for 4627 Primrose.

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OPA account number 6521-82900.

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and A4.3 is the open detail for the subject property of 4631 Primrose Road account number

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6521-8300. A5 is proof of tax clearance. A6 is the zoning site and elevation plans that accompany

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the application. A7 are development plans for the property that have just since been developed.

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They don't change any of the size or dimensions of the property. That's just more detail for

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building permit purposes and approvals. A8 are photographs to posting, subject property, aerial

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views, street views. A9 is the RCO letter from East Tarsdale expressing opposition to this

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application. I'll go through that letter. I did prepare a rebuttal letter, which I submitted to

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the board last week to counter the suggestions made by East Tarsdale and the neighbors present.

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A11 is a petition of support personally circulated by Mr. Kite amongst his near neighbors.

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