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Hearing video

ZBA Hearing - December 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 13, 20236h 13m

Esperanza Housing and Economic Development reviewed the block, reviewed the adjacent use histories, and thought this was an appropriate use on this block and was an excellent example of the type of property that should be present and the use for this block.

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So we have two letters of non-opposition, one from Esperanza Housing and Economic Development and one from the council person's office.

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And here is our proof of mailing. I have Ms. Ortiz here. If she could raise her hand and adopt, that would be great.

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Ms. Ortiz, good to speak.

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Good morning. Could you please state your name and spell for the court stenographer?

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Good morning. My name is Jayisa Ortiz and it's Y-A-I-T-Z-A-O-R-T-I-Z.

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

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I do.

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You see, Mr. Cook.

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Thank you, Mr. Chairman.

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Ms. Ortiz, did you hear and see my presentation to the zoning board this morning?

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Yes.

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Was it true and accurate to the best of your knowledge and understanding?

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Yes.

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Do you adopt it as your own testimony?

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I do.

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Thank you.

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Questions from the board?

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no mr chairman no chair questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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i do not take any hands mr chair planning commission i run bednar city planning

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the property is indicated for residential use on the city plan given the physical circumstances

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is the site we recommend the request for variance be granted uh provided no off-street parking

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required my 2023 002 902 804 west wing hockton street i vote yes thomas holliman my vote is yes

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James Snell, my vote is yes

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Thank you, Mr. Cook

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Thank you, I'll see you this afternoon

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Thank you

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Is there anyone in the virtual audience

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who has

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had a 9.30

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case that has not been called?

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I did not see any hands, Mr. Chair

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Thanks everyone

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See everyone at 2pm

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Appreciate it

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Thank you.

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Good. Thank you.

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Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's EBA hearing.

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With me is our Vice Chair, Ismail Shahid. He's coming on right now.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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And James Snell, our board member.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and our Executive Director, Tanya Sunken.

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Here's our virtual format. Be advised the proceedings are being recorded.

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Recording in progress.

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Present Mr. Chairman.

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I hear you.

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The video will be available by contacting tonyasunkett at phil.gov.

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For the benefit of our court stenography, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-554.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address to the property in question.

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And finally, the question answer box on the screen is not for comments or testament.

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All comments should be directed to our executive director, Tanya Sunken.

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Let's look at this afternoon's schedule.

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Number four, MI 2023-005-133-7918 Artley Street.

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That case is continued.

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Number five, MI 2023-003-241-1607-09 Ridge Avenue.

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This case was listed in error.

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It has already been cited by the board.

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And number 14.

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MI 2023-002-231-3020-North 20th Street, this case has been continued, Attorney Moving Party.

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Are there any questions relative to the cases that have been continued?

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good afternoon mr chair this is jason hand once again i will be your calls for today

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thank you i do not see any hands raised all right are there any other requests for continuance

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again i do not wait a minute mr chair i have a dietrich rose with their hand raised i have

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Not them to speak.

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Okay.

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Hi, could you state your name and spell, please, for the court stenographer?

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My name is Dietrich Rose, D-I-E-T-R-I-C-H, last name Rose, like the flower, S-R-O-S-E.

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Okay.

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And, sir, your case is 3538 Calumet Street?

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That's correct.

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So we have no exhibits as of yet, and this is the first listing.

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Do you want a continuance?

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Yes.

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Okay.

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All right.

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So I'm going to give you a continuance, but the case has to be heard the next time, okay?

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Okay.

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All right.

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So MI 2023-005-120, 3538 Cal and Met Street.

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This case is a continued mark must be tried.

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Okay.

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Thank you for calling in.

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We appreciate it.

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Thank you.

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Okay.

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We're going to go to our add-on list.

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I'll be with you in one minute.

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Okay.

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Here's our add-on list.

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Number one, MI 2023-001-536-6109 Market Street.

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This is a request of reconsideration.

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I vote yes to reconsideration and rehearing.

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Thomas Holliman, I vote yes to rehearing and reconsideration.

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James Snell, I vote yes to reconsideration and rehearing.

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re-hearing. Ishmael Shaheed, my vote is yes to reconsideration and re-hearing. Number two, MI 2022

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006-822, 2521 Jefferson Street. The vote on this matter has been rescheduled to Wednesday,

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December 20th at 2 p.m.

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Number three, MI 2023, 004-552-4613 Newell Street, I vote yes, Proviso.

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Approved use is libraries and culture exhibits only, no household living.

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Thomas Holloman, my vote is yes, with Proviso.

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James Snell, my vote is yes with proviso

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Ishmael Shahid, my vote is yes with proviso

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Thank you, and we're going to go to our first case

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which is number 11, it's a pro se case

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MI 2023, 005-359-118 Carpenter Street

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Vincent Cerise and Tricia Pompilo

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letter of support from the Queen Village Neighbors Association

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Letter of non-opposition from Council Member Squill.

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From Council Member Squill.

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Trisha.

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I'm sorry to interrupt you, but it seems Bart Levy has his hand raised.

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Okay.

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Bart Levy?

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Sure.

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I'm speaking.

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He's been allowed to speak.

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Sure.

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Mr. Levy, state your name, please, and spell it for the court stenographer.

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Bart Levy, B-A-R-T-L-E-V-Y.

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes sir jim okay sir uh it's 23 002957 i missed my sound was off for the first cases that you read

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and i wanted to make sure that that was not continued

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um no i don't that matter was not continued mr chair it's not not continued thank you i thank

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the chair all right good all right so tricia pompillo pompilio i'm sorry

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do we see your hand they'll be rejoining oh great thank you

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tricia pompilio hi please um hi could you state your name please and spell for the court stenographer

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yes sorry just got it to work okay um i'm tricia tricia pompilio uh you said spell it t-r-i-t-r-i-c-i-a

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last name pompilio p as in peter o m as in mary p as in peter i l i o sorry

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okay i'm back uh great great do you swear or firm to tell the truth the whole truth and nothing but

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the truth yes i do okay so this application is for the erection of a three-story front edition

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with one existing off-street parking space access from carpenter street to remain and the

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replacement of an existing rear one-story edition the proposed construction would result in the

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structured exceeding the maximum occupied area in the RCO zoning district. 75% allowed, and this

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is 85% proposed. Our vice chair has just a few questions before you testify, okay? Okay.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? Have you emailed in all the required documents and exhibits that is needed and

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required to proceed with this case five days in advance of this hearing yes yes thank you

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please proceed to share your screen okay okay don't you as counsel for a second apologize

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um green button at the bottom okay here you go did i do it okay you did it you did it

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oh my god okay um so this is our this is my name is risha pompilio um i'm the owner along with my

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husband uh vince sabarese of 118 carpenter street um we've have a three-story dwelling

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on carpenter street we've lived here since 2006 um we have three girls that we've raised here and

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we'd like to continue to raise here they're getting bigger um we were here today to request

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of variance because we have a three-story, we want to do a three-story addition at the

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front of the house for an enclosed garage at level one and expand the living spaces on levels two and

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three. We greatly think this would be great for our family by enclosing, we have an existing

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driveway, it's open by having a garage there and then bringing the house all the way up in the

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front um the existing home was built in the 70s and it contains three stories of a living area

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plus a kitchen and mechanicals in the cellar um in the back there's an existing one story

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bay window why don't why don't why don't we do this why don't you go through your documents

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i see you have them listed there you can go through the ones we know all about it

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and then wind up with pictures and draw or drawings could you do that i'm happy to do that

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Okay. So we start with number one. We're good with that. We have that. Okay, good. Let's see. Here's our application for appeal. We have that. We're good. Okay. Here's the, got that. Okay. We're booming. This is a deed. Your deed. We know you own it.

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this is a deed your deed we know you own it okay excellent doing good um you know this is a tax

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Okay.

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certificate here's the me representing my husband we had to notarize this letter because he had to

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work today um and here's the drawings i think i have to zoom can you let's see is that better if

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i sort of why don't you zoom in let's see what it looks like in well let's see the whole thing first

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You can go and show us what you want to show us.

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Okay.

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I'm not good at this, but I'm going to try.

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Okay.

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So here's our house right here.

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The light gray is what is already here with an open driveway here that extends about halfway.

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There's like, it's covered about halfway over the driveway.

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And that's where our rooms are built upon the second and third floor.

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And we propose to do, to modify where the dark gray is.

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so that's the addition you can see it it meets up with the current neighbor's house it's going

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to just go out to the street um we're actually leaving um a chunk of it open on the on the right

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hand side over here um i don't know if this view helps you can kind of see you have open here so

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you're stepping in um putting a little entry that's an entryway there am i right yeah it's

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going to be like all the way to the front though so we kind of be more open um to to take the weight

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off and just make it look more you know open in that to that alley so here's a sort of drawings

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here right okay here's what it looks like now so as you can see okay okay yep so you're you're

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going to go above build an addition above that right you're coming out yeah we're going to come

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out to match where the neighbor's house is they have the same house as us but yeah yeah okay so

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exactly so you're basically going to match what's next door correct yeah yeah a little lighter in

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the front because we're leaving a little bit more open space than they have but um yes and we're

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next to this we share this backyard area with our neighbors um who all support the project um and

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this will be we'll have a window over here so we could see you know people walking you know from

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the right over here do i do anyone want to see the pictures more closely or how how are we with

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those i think we're understanding it and you had to post it in the back too did i have the the

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the property you posted the property that's the front okay i see it yep yep okay okay

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and this is from the neighborhood the meeting supporting us that's the queen village neighbors

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association right yes and my um i think that oh wait this is the letter we sent them i'm sorry

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this is the letters we sent out to all the neighbors okay and all the surrounding people

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with about the queen village hearing that we had so you can see all the addresses blah blah blah

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um and this was the uh unanimous approval from the board um including my neighbor who's right

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next door to me who is very excited with this project the one the one next door to you is the

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one you're going to go out as far as right yes yeah okay all right and then you have a letter

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from the councilman and then yes uh is that in here i think it's not we have it councilman school

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yeah i know there's something but i don't think i have it in here i don't see it

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so the only issue you can see on the bottom and you can see my we're getting the tax clearance

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the philadelphia apartment revenue deposited just to make it try to be simple i have my own business

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