civus
Hearing video

ZBA Hearing - April 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 10, 20246h 50m

2 o'clock next Wednesday. And by that time, we'll go through

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what we believe would be the appropriate provisos.

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And, you know, obviously we would make sure that you know what we're doing before we do that.

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Okay.

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Absolutely.

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Thank you very much.

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All right.

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Thank you.

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Cases closed other than that.

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Is there anyone in the virtual audience who has a two o'clock case that has not been called?

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I see no hands.

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We're going to take a five minute break and then we'll come back for this 3.30 list.

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Thank you, Chair.

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

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With me is our board member, Thomas Holloman.

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Present, Mr. Chairman.

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Our board member, James Snell.

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Present, Mr. Chairman.

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And also, LeBaron Leonard Palmer from the Division of Development Services will be serving as our alternate board member this afternoon.

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Good afternoon.

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Also, here 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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Video will be available by contacting TanyaSunkett at philo.gov.

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For the benefit of our court stenographer, 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 an appearance statement, call 267-270-5548.

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

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

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

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Let's look at our schedule for this afternoon.

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Hold on a minute here.

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Number four, MI 2023-002-478-1220-28-North Front Street. That case has been continued.

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And number seven, MI 2023-006-622-1654-58-North 57th Street. That case has been continued. Attorney

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moving party. Are there any other requests for continuance? Chair, we have Ayesha Lee with their

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hand raised. They have been allowed to speak. Hi, could you please state your name and spell it for

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the court stenographer? Hi, Ayesha Lee, A-Y-E-S-H-A-L-E-E. Right. Do you swear or affirm to

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tell the truth, the whole truth, nothing but the truth? Yes. What case do you want to talk about?

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I was

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we see the email saying that

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We see the email saying that 401 East Roosevelt Boulevard, which was on a two o'clock, was going to be, the decision was going to be made today.

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401 East Roosevelt Boulevard

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which was

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It was pushed from February 28th.

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That was my last.

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Hold on, let me see.

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Hold on, ma'am.

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We responded to your inquiry in the chat.

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If you entered your appearance in that case, you will receive a copy of the notice of decision that was voted.

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This case was voted at the top of the 2 p.m. list as Naton.

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Thank you.

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Okay.

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Any other requests for continuance?

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Yes, Chair.

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We have a Wendy Carter-Gomez.

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They haven't allowed to speak.

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

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Yes.

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It's Wendy Carter-C-A-R-T-E-R-Gomez, G-O-M-E-Z.

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Right.

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Do you swear or form?

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Wait a minute.

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Wait a minute.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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What case are you involved with?

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MI-2023-006622.

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What's the address?

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1654 to 58 North 57th Street.

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Hold on.

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That case has been continued.

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why was it granted a continuance because the attorney requested it and when will we get notice

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of when the next when that's when that's filed again you will you will receive notice

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okay thank you

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i have several cases here that a few cases that have

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No exhibits. Number one, MI-2023-000882-1167-69 Gerrit Street.

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No exhibits. This is the second listing.

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There's also a letter of opposition from Council Member Squill.

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Ionis and Vasilis Harabombas owners.

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Ionis, if you're an audience, please raise your virtual hand.

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I see no hands.

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So this is the second listing.

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In November, the owners were trying to find an attorney.

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So MI 2023-000882-1167-69 Garrard Street, I vote to dismiss.

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Thomas Holloman, I vote to dismiss.

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James Snell, my vote is to dismiss.

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Thank you.

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Number two, MI 2023-001-026-4253 Paul Street.

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Enrique Garcia, this is the third listing.

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There is a letters of opposition from the council person and also the community group.

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and um miss l do we have a interpreter for this case as well

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i didn't receive a response in the chat um or the q a announcing the interpreter was

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present or response but if they're out there please raise your virtual hand

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um

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i'm sorry we see any hands no hands for enrique garcia nor the interpreter

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early one i want to give this one more time to make sure that we in case we need an interpreter

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yes mr sherwood market must be heard thank you mi2023 001 026 4353 hall street cases continuing

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New York must be heard. And number three, MI-2023-002-469-624 Dudley Street. No exhibit, second listing.

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There has...

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Applicant stated that the R.C. they are not seeking a variance.

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But we haven't heard from them, have we, Hillary?

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No, we have not.

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chelsea chelsea rusick is the owner applicant

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chelsea rusick if you're in the audience please raise your virtual hand

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no hands chair okay we're going to continue this one more time to see if we can't get a letter

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where they don't want to um they're not seeking a variance anymore so am i

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where they don't want to, they're not seeking a variance anymore.

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So MI 2023-002-468-624 Dudley Street, this case is continued.

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Mark must be heard.

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Okay, so let's start our cases here.

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Number five, MI-2023-005-999-1143-Wilder Street.

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Tyler Hough is the owner applicant.

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Carly Griggs is the owner, listed owner.

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There's a letter not on me.

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Hi. Mr. Huff, could you state your name, please, and spell it for the court stenographer?

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Good afternoon, Mr. Chairman. Name is Tyler Huff, T-Y-L-E-R-H-U-F-F.

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Great. 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're the owner of this property, sir?

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I am. My fiancé and I.

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So this application is for the erection of an addition above the existing attached structure

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with roof deck and roof deck access structure for use as a single-family household living.

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An eight-foot minimum front setback when the store is above the second store is required

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when the abutting lots of both sides contain only two floors.

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A minimum rear yard depth of seven foot is required.

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This is zero.

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The minimum front setback for the roof deck is five feet.

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This is zero.

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and the maximum permitted height is 38 feet and 48 feet, six inches proposed.

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Mr. Holloman has a few questions to ask, right?

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Good afternoon, sir.

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Did you email all the exhibits and documents as required five days in advance to this hearing?

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Good afternoon.

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Our revised package was submitted to Ms. Emerson just within the five days.

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Thank you.

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Please proceed and share your screen.

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And just so you know, sir, there is a letter of non-opposition from Pachong Square and also a letter of non-opposition from Council Member Squilla.

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Okay?

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You're coming. Yeah, good. Yep.

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Can you see my screen?

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I can. Yep, I can.

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Okay, perfect.

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So the first document that I have just lists our refusals. Again, the rear yard depth,

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we do have a rear yard depth now. It's just about six feet. We will be shortening the first floor

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of our house to create a symmetrical first floor. This will bring our rear yard to about just under

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eight feet. So I think this satisfies that requirement. For the eight foot setback on the

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third floor in the roof deck. We are seeking a special variance for this. And then the final

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variance, it lists 45 feet, six inches. Our examiner took into accommodation the basement

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measurements. So from above ground, our actual measurement is 39 feet, six inches.

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So that will just be just over the 38 feet that is required. Okay. The second just shows again,

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the property just from a side view you can see here that we will be cutting in the first floor

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just to create more of a rear yard the side measurement here 39 feet six just shows from

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the ground elevation up to the top of the pilot house and that's 39 feet six inches and then

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again we're just doing the no front setback we want to keep the traditional modern or colonial

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red brick look. This was presented to the community board. They voted in non-opposition

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with the exception of a three and a half foot setback on the rear. Our original plans, our

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third floor came out to butting against the second floor. This is a revised plan which

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shows the third floor being set back three and a half feet. Again, this was just a letter

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of non-opposition six to zero and then this is just a quick overview of our neighborhood

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our property is circled in red just shows that you know we're not we're the first ones on our

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block to do this just not the first ones in the community and then just the last one it's just a

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quick front picture of the house again we're looking just keep this red colonial brick

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and go up three stories with that and with that i will leave it open to questions

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okay questions from the board no mr chairman no care questions or comments from our attorney hillary

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Just briefly, Mr. Chair, in reviewing the revised plans and proviso form that Mr. Huff sent, it appears that there are two pages of revised plans that would need to be stamped if the board grants the variances.

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Just briefly, Mr. Chair, in reviewing the

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Thank you.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Yes.

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good afternoon chair members of the board my name is greg waldman planning commission staff

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um could you do me a favor just for the record spell your name for the

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stenographer absolutely the chair um my first name is gregory g-r-e-g-o-r-y

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last name waldman w-a-l-d-m-a-n right do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do please proceed sir a comprehensive plan recommends no change to the

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residential single family zoning at this location the minimum rear yard depth appears to be an

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existing site condition so this is supportable and the shallow lot depth also presents a hardship

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should be a natural ability to increase living space in a single family home however roof decks

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are not necessary to enable viable economic use of property so the planning commission recommends

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the board grant the variance variances for rear yard depth and for minimum setback above the

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second story but deny the dimensional variances related to the roof deck okay thank you

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mr if you want to respond that

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um i we would be willing to look at an adjustment um if necessary but our overall goal was to keep

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everything um abutting on the front of the property thank you mi 2023 005 999 1143 wilder street

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I vote yes, with proviso. Two plans stamped by ZBA on 4-10-24.

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Thomas Solomon, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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So you have your votes.

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Thank you, Mr. Chairman, members of the board.

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Sure. Number six, MI 2023-006-615-1412-22, Fairmount Avenue.

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We have an attorney for this.

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Yes, Mr. Chair, an attorney has not been identified for this project. I do see someone with their hand raised.

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Okay.

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Yes, Chair, we have three hands raised,

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and Amanda Brawler has been allowed to speak first.

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Could you please state your name

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and spell for the court stenographer?

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Hello. I'm actually the architect.

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I believe Harriet also has a hand raised, and she is the lawyer.

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I think she's going to start speaking.

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