civus
Hearing video

ZBA Hearing - November 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Nov 5, 20256h 5m

This case is continued to 3-18-26 at 2 p.m.

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And number six, MI-2025-004-033-1608-14 Walnut Street,

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This case is continued to 3-18-26 at 2 p.m.

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Are there any other requests for continuances?

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Good afternoon, Mr. Chair.

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This is Jason Handel, who will be your co-host for the session.

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I have a hand up from Mr. Sherman Toppin.

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Okay.

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Mr. Toppin.

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Good afternoon, members of the board.

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I wanted to discuss or seek a continuance for 4860 Lancaster Avenue.

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I believe it's scheduled for 330, so I'm not sure if you're handling all of the continuance.

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No, we're going to come back to that, Charlie.

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Okay, thank you.

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Okay.

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Thank you, sir.

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Any other requests for continuance?

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Yes, Chair, I have a hand up from a Ms. Michelle Payne.

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I will allow them to speak.

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Thank you.

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hello can you can you see me hi hi could you please state your name and spell for the

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sonographer uh my name is michelle pain m-i-c-h-e-l-l-e-p-a-y-n-e you swear or firm to tell

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the truth the whole truth and nothing but the truth i do what case are you interested in and

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It's 5-1-1-2 Willows Avenue.

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Number two.

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Yeah.

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Ms. Payne, let me ask you this.

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Do you have an attorney?

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I do not.

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Okay.

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So our understanding is you're going to need an attorney to move forward.

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OK, you because you can't you can't represent yourself.

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It's an LLC.

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So I'm not the LLC.

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I'm a I'm a neighbor.

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OK, well, but you're not.

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Yeah.

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So what are you what are you trying to say?

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I have just, I'm a neighbor objector, and I was just asking for a continuance.

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Okay, so I'm going to call that case very shortly, okay?

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Just give us a chance.

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We'll let you have some of your say, okay?

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Okay.

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All right, any other requests for continuance?

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No further hats, Mr. Chair.

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okay so we're going to go to the add-ons mi 2025 001 886 627 north 64 street i vote yes

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i vote yes michael johnson's vote is yes excuse me uh this is our board council ryan mcsherey

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michael johnson's vote is yes excuse me

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i believe we just need a certification that the video has been the video recording has

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been watched before we take a vote right okay um i i have i certify that i've watched

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the video and and have read all notes relative to the case i believe uh mr mcadams also needs to

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certify

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Michael John

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go ahead Michael

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Michael John my vote is yes

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Cheryl Gaston my vote is yes

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Tanetta Graham

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my vote is no

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Ryan McAdams certify that I

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watched the video

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the October I'm sorry October

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8th video recording of the hearing

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in this matter and my vote is yes

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okay and number two

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Tanetta Graham will handle this

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Thank you, Chair. MI-2025-003642, 5334 West Gerrard Avenue. My vote is yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Ryan McAdams, my vote is yes.

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in the basement here yeah yeah that's right you got it yep you were good okay okay good all good

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all right and number three mi2024-007-233-2719 east allegheny avenue the vote in this matter

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has been rescheduled to wednesday november 19th at 2 p.m we're going to go to case number two

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MI-2025-003-967-5112 Willows Avenue.

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The owner is Philadelphia Renovation Group, LLC.

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Chair, Joseph Consul has their hand raised.

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Do I promote them?

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Chair?

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Hi, Mr. Consul.

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Yes, please promote them, Jay.

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Yeah, they'll be coming back in shortly.

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Okay.

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Good afternoon, board.

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Joe Consul.

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Are you handling this case?

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Yes, sir.

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Okay.

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All right.

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State your name and spell it for the sonographer.

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Joseph Consul.

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That's J-O-S-E-P-H.

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Last name is Consul.

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That's C-O-N-S-O-L-E.

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

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Yes.

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Mr. Consul, there was a neighbor just on requesting a continuum to bring that person back on?

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Sure.

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Ms. Payne?

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Do we see her hand?

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Yes.

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They'll be rejoining as a panelist now, Mr. Chair.

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Ms. Payne, are you available?

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Chair, I think we can move on.

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Okay, we'll move on.

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Mr. Counsel, you already was sworn.

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and could you identify your client

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in relationship to the property?

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Yes, my client is Philadelphia Renovation Group, LLC.

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Both principals, which are Mark Pagano

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and Jamal Hassben are on the call,

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as well as Shang Chen, the architect for the project.

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There's a letter of support from Cedar Park Neighbors

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based on revised plans.

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And there was opposition from neighbors

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and they talk about it here, okay?

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Our vice chair has a few questions for you, sir.

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Good afternoon.

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Have you submitted your documents

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five days in advance of this hearing?

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Yes.

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And do you waive the reading of the refusal

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and stipulate to its accuracy?

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I do.

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Okay, thank you.

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You can share your screen and proceed with your case.

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All right, my screen should be up.

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The lot we are looking at

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is the empty lot on the screen,

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between the two properties directly in the middle. It's 5-1-1-2 Willows Avenue. Mark Pagano and Jamal

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Hasbin are the owners of Philadelphia Renovation Group LLC, the group that purchased the property

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in 2024. We are here for one-dimensional variance.

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One-dimensional variance to permit the erection of a new attached single-family home.

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Before I talk about what we're building, I will mention briefly the procedural history of this case, which is a little bit unique.

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So, on my screen on October 17th, 2024, Ellen and I reviewed my team's application for an attached home and issued a buy-write zoning permit.

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My clients, in good faith, relied on that permit and moved forward with their development plans.

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Eight months later, they got this letter, which was June of 2025.

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L&I realized its mistake and issued this intent to revoke. The revocation did not create the need

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for the variance. The fact that the lots 20 foot wide in an RSA 3 zone always required it because

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they were unable to comply with the side yard requirements. However, this created sort of a

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confusing, delayed process that brings us to today's hearing. As mentioned, we were always

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going to need a variance today, as Atlas confirms, and as you saw on the screen a second ago,

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it's a vacant 20-foot wide lot. Total square footage is 2,028 square feet. This lot has sat

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undeveloped for decades. It at one point was owned by the city's redevelopment authority.

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RSA 3 code requires an 8-foot side yard to be semi-detached on a 20-foot wide lot.

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This setback would consume 40% of the property's worth, approximately leaving my clients with a 12-foot wide buildable footprint,

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which if I just zip back to these, you can see is not in conformance with the other lots on the block.

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nor is it economically viable nor is it reasonable or functional to design a single family dwelling

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with um that's 12 feet wide because of these unique physical conditions the property cannot

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be developed in strict conformity with the code to allow for a reasonable single family use or

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to promote the development of a home on a long standing dilapidated lot this is not a self-inflicted

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hardship. It's inherent to the narrow dimensions of the lot. Furthermore, as you can see,

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5110 and 5114 willows, as mentioned, both in the RCO letter and in the screen you can see now,

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those properties have solid windowless party walls facing the vacant lot. The block itself,

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we can say anticipates an attached infill home in this location.

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Just zipping over to the plans.

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Let's see, we ran a little bit here.

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Go.

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Proposal is to build a high-quality single-family home that makes reasonable use of this lot.

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We have experienced developers that are proposing a full basement with a family room,

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one bedroom, and a full bathroom.

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First floor feature the main living room, including a dining room, a kitchen, and a powder room.

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Second floor has got two bedrooms with their own bathrooms and a laundry room.

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Third floor will serve as the primary suite, contains a master bedroom, master bathroom, and a walk-in closet and a study.

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The architect can speak about any questions regarding the plans as well as they're on the call.

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And finally, we'll have an eight-foot setback on that third floor.

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Originally, we did not have that, but the plans have since been redesigned.

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Regarding the basement level, this is not – let's see if I can find the right photos for that.

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This is not a dark, unsafe sort of space.

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that it will contain two separate dedicated emergency egress routes from this level.

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From the rear bedroom, you have what amounts to a full-height door that provides a direct walkout exit into the rear egress wall.

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And from the front family room, there's a separate dedicated egress wall for the front window.

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Regarding the RCO process, we believe this is an example of the RCO process working as intended.

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The evolution of the project's exterior directly addresses variance criteria.

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We first presented, or my clients did, presented to Cedar Park.

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Originally, they were in opposition, as there was concern about the original three-story facade not being in compliance.

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as there was concern about the original three-story facade not being in compliance with the rest of

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the block my clients returned with uh updated plans which redesigned the project's exterior

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in response to every concern that they had the revised plans uh let's see if i can find the

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revised plans form. There it is. Set back the third story by eight feet, added a full-width

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front porch across the entire front of the house, aligned the new home's front facade with the

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direct neighbors at 5114 Willows, and matched the porch roof floor lines and window lines to

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the neighboring homes. As a direct result of presenting all those changes, we have the support

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of the RCOs. There is neighbor opposition that does not appear to be related at all to the side

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yard variance request, though I'm sure someone on the call will speak about that. We believe it

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just has to do with issues outside of our control regarding the ownership of the property.

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So in conclusion, we have a clear and necessary hardship based on the width of the property.

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It's not self-created, nor will it alter the essential character of the neighborhood.

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In fact, it will improve it by filling in a longstanding vacant lot.

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With that, I'll call my client unless the board would like to speak to the architect about their plans at all.

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We will talk.

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Why don't you call your client first?

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And if we need your architect, we'll get back.

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You got it.

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All right.

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Mark or Jamal.

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Pagano will be coming back in as a panel shortly.

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Hey, this is Mark Pagano.

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I'm here.

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Mark, please state your name and spell for the sonographer.

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Mark Pagano, M-A-R-K-P-A-G-A-N-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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