civus
Hearing video

ZBA Hearing - September 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 19, 20232h 36m

Thank you.

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Okay, Chair, we have 15 attendees.

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You can proceed.

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Perfect.

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Thank you.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is our Vice Chair, Ismail Shahid, our Board Member, Thomas Holliman, and our Board

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member James Snell. President, Mr. Chairman. Also here is Hillary Emerson, our attorney,

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and our executive director, Tanya Sunket. Here's our virtual format. Be advised the proceedings

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are being recorded. The video will be available by contacting tanyasunket at phila.gov. For the

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benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before

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testifying. If you're participating by phone and you wish to testify, press star nine to raise your

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hand and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

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and the address of the property in question. Finally, the question answer box on the screen

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is not for comments or testimony. All comments should be directed to our executive director,

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Tanya sunk it. Let's look at this morning's schedule.

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Number four, MI-2022-004-546-3251 Fox Street. That case is continued attorney moving party.

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Number six, MI 2022-007-568-5306-08 Haverford Avenue.

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Vern Anastasio is the attorney.

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I believe he has a request for contenders.

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Mr. Anastasio.

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Good morning, Chair.

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My name is Nadia, and I will be your co-host.

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Thank you. Anastasio has been allowed to speak.

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Good morning, counsel. Could you state your name, please?

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Good morning, Mr. Chair. Vern Anastasio, V-E-R-N.

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Last name is A-N-A-S-T-A-S-I-O, 2016 Spruce, Philadelphia.

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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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I understand you have a request for a continuance for 5306-08 Haverford Avenue.

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I do, Mr. Chair. My client would like to continue to engage the immediate neighbors in a hope of coming to an accord.

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Okay. We're going to make this must-be-tried, okay?

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Thank you.

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All right. So MI-2022-007-568-5306 to 08 Haverford Avenue. Cases continued. Mark must-be-tried.

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Thank you very much.

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Sure. And number seven, MI 2023-003-967-2431 North 26th Street. This case is continued.

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Are there any other requests for continuance?

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We have two hands. DeMarco has been allowed to speak.

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Okay. Mr. Chairman, thank you. I'm accommodating Len with this continuance.

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I know. Mr. DeMarco, just for the record, state your name so we could.

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Of course. Sorry. Yes. Richard DeMarco, D-E-M-A-R-C-O.

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

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I do.

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And we're, I understand, and we're making this a short continuance.

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Yeah, that's all I wanted to ask, Mr. Chairman.

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Yep. We're doing, we're working on that right now, sir.

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I appreciate that. Thank you very much.

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Okay, thank you.

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Right.

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Have a good day.

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Any other requests for continuance?

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I see no hands.

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Okay. Exhibits. We have a few cases here with no exhibits. Number one, MI 2022-006-978-2030 Ripley Street. This is the third listing. We have no exhibits.

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Listed owner is Andy Barrios.

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Oh, I'm sorry.

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Alvin Garcia is the listed owner.

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I see no hands for Alvin, but...

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I see no hands for Alvin, but I do see a Pincus with the hands raised.

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Let's see who they are.

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They've been allowed to speak.

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

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Yes, my name is Ralph Pincus. Can you hear me, Mr. Chairman?

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I can.

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My name is Ralph Pincus. I am chair of the West Mount Air.

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Sir, could you spell your name, please?

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I apologize.

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Sure.

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R-A-L-P-H, Pincus, P-I-N-K-U-S.

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Right.

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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, Mr. Chairman.

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Are you from the RCO, sir?

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Yes, sir.

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I chair the Westmont Area Neighbor Zoning Committee.

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Okay.

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Well, that's not the case we're on, right?

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Ripley Street?

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No, I'm sorry.

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I was delayed in signing in, and I was calling that just to find out if the case on 532 West

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Ellett Street has either been denied or dismissed or continued.

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We have not had an RCO meeting with the applicant.

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I apologize for coming in.

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No, no, no.

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Five, number five, I'm not to that yet, so you'll hear the results of that shortly.

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That case is going to be withdrawn.

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Oh, okay. Very good. Thank you.

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All right. Go back to number one. Is Mr. Garcia in the audience?

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No hands, Chair.

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Okay. So MI 2022-006-978-2334 Rippler Street. This is the third listing. I've moved to dismiss.

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you broke up tom

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thank you james snell i vote to dismiss

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all right i have a few cases here for withdrawal number three

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mi 2022 004 822 5304 north broad street this case has been withdrawn uh mr chair this is

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hillary we were actually we don't have a letter for that one and we were told that someone

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was going to appear to withdraw that case is there anyone here for 5304 north broad street

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no hands okay so am i this is the third listing so mi 2022 004 822 5304 north broad street i voted

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dismiss

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james snell my vote is to dismiss

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thank you

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okay we we have the votes and then number five mi 2022 007

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585-532

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West Elliott Street

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this case has been withdrawn

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and number nine

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MI 2023

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000732

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416-20

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West Derrod Avenue

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this case has been withdrawn

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we're going to go to our first case

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number number two

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mi 2022

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007 315

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1601 cater street number b

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sandy kakoro is the owner applicant

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this is a pro se

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they have been promoted to panelists

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hi how are you this is

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Hi, good morning. Could you state your name, please, and spell it for the court's sonography?

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Yes, this is Cindy Cocoro, C-I-N-D-Y-C-A-C-C-U-R-O.

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Okay, so this application is for the erection of a vertical addition with roof deck and roof access structure to an existing attached structure.

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Size and location as shown on plans, existing single-family household living used to remain.

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The proposed structure does not comply with the height limitation of the CMX2 commercial

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The proposed structure does not comply with the height limitation of the CMX-2 commercial zoning area.

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A maximum of 38 feet is allowed, whereas 54 feet is proposed.

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Our vice chair has just a few questions for you, okay?

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Yep.

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Good morning.

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Counsel, do you agree to waive the reading of the refusal or stipulate to it with accuracy?

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Yes.

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yes thank you please proceed and share your screen great um so should i just present now

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yes okay so what we're looking to do is to um our existing home is uh the garage is on the

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first floor so it gives us limited living space on our first floor and then we have our living

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room and kitchen on our second floor and a very small bedroom on our third floor and a master

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on our third floor. So right now it's me, my husband, and my four-year-old son who are living

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in the house. My mother, who lives in South Philadelphia, is elderly, may have to come live

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with us soon. So I wanted to create the downstairs space for a living space with her. And then we

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have two older boys that are currently in college that we don't have any room for. So we're not

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looking to do anything where we would increase any more cars on the street or anything like that.

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We're just trying to create more living space for our family. We live on the premises, obviously.

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And from a curb appeal aspect, it would actually make the curb appeal look nicer because we're the

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second property from the corner and the corner property um did this same height um increase

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uh so we would actually have our and our houses look like when you do this when you start showing

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your documents okay um so i just got to figure a green button on the bottom says share docu share

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screen. Okay. I just got to pull it up because I was having problems on my phone, on my computer,

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so I had to do it from my phone, so let me just pull that up.

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are you able to see my screen yeah we see you oh wait a minute something's we just switched over

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to i see a phone symbol now are you doing this on your phone i am i couldn't my wasn't allowed

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me to log in on my computer okay so do you have your documents on your phone yes i do

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And I have it up on my phone. Let me just go back to where.

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And do you have an iPhone, ma'am? Yes, I do.

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So, yeah, once you hit that share screen.

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It should take you to like documents you want to share and then you will click on it.

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OK.

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ma'am if you continue to have issues i believe your architect is also here

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agada um she may be able to share her screen okay let's do that for you and then you can testify

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okay that works would you like to do that yes please so what she'll do is she'll put the screen

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there she'll put the documents up and then you'll testify okay wonderful great thank you why don't

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why don't we let her in the architect and then we'll go from there if she has her hand raised

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yes they've been promoted to panelists thank you hi so all we would need you to do is to share the

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share the documents

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and

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Good morning

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Board Agata Reister, Landmark Architectural

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Design. Okay, just

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share the documents for her and

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she'll do the testimony. Sure, yes.

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Okay, so

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can you, Cindy, can you see

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the documents? Yes, yes, I can.

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So why don't you start going through them?

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Right. So in the beginning, so should we just go right to the plans that show?

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Just go through a couple of documents.

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Okay.

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All right.

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So these are just the.

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Yeah, I see that. We'll go with that one.

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OK. So this is just showing drawings. Yes.

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Okay.

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So this.

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So it's showing you what we're looking, what we're proposing to increase.

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And as you can see that there's a currently there is a roof deck on our third on our fourth floor that we're looking to form into a family room slash bedroom.

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um the existing structure in our front where there is kind of like a steeple and the

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the front right hand side we're just going to keep the seam and then uh partially build out

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on the back right half of the house um which is there yeah so on the photos you can see um

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our house is the house on the left and the house that i was referring to earlier which had

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did that expansion you can see that their left part of their house which is what we're looking

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to do is to the left part of our house is uh four stories high and so we're looking to kind of match

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that to kind of make the houses look similar and increase the height on that side of the house

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so that's um i mean basically that's all we're we're looking to do we're not looking to

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uh go into anything else as far as you know our um property line and taking any by any of our

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outdoor space so why don't we do this could you show the letter from uh the rco yes

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okay so you you everybody was in favor of this correct okay

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All right. Questions from the board?

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No, Chair.

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No, Mr. Chairman.

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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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