civus
Hearing video

ZBA Hearing - July 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 17, 20247h 49m

forth to the dominican republic to my country but when she's here we try to keep it there

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because it's so hard for her to go right there in that in that bed there yes is there a bathroom

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downstairs yes it is in the garage yes okay all right um when you went to this to the rco they

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were in favor of you yes all right questions from the board

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Are there other pictures of this space?

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That's it.

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That's the space.

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That's it?

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Yeah, it is.

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Yeah.

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That's the outside.

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And this is the canopy in the back.

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to it that's the the the canopy in the back is that uh uh the back of you open the back of the

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garage to to open that space is that opened into the garage space i know no it's not okay oh that's

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that's the second that's like the second floor because your living room was on the second floor

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is that how this yes yes it is right and the garage is on the first floor so the garage

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is just the first sport exactly so that so the only the only light and uh air into the

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into the this this garage space that you enclosed is the door and the other side the

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this this garage space that you enclosed

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garden of the door in the front and the door in the back i'm trying to get it in my head and then

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right to the right of this entry door is the bathroom yes okay so you put a bathroom in the

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front of the garage close off the front of the garage put a bathroom there and that's the door

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into the space that your mother-in-law

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has been staying because she can't go up the steps.

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Yes. I got it.

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Any other questions from the board?

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Is there a window in this little

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bathroom? There can't be, right?

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I know. The guys hold the fence in the

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top. They go to the other side for the laundry

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area okay thank you you're welcome questions or comments from our attorney

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um yes i just need a little bit of clarification because what's been discussed doesn't appear to

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quite match what's in the refusal um mr bonia um so you said that so there is there is sleeping

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accommodations as well as a bathroom is there a kitchen space in here i did see a refrigerator

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but is there like a sink and a stove as well no it's not okay did you separate out the utilities

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um for the for the garage area yes for safety yeah we did okay it's another side

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okay so you i i'm not ellen i so i can't say this for sure but i think what you've essentially done

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is created a second dwelling unit in your home no i'm sorry excuse me i'm sorry i was confused

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when you said utility are you confused with the emphasis we got the laundry and the other side

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but the the utility is the same for the whole house okay i mean it's only one water one one

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electricity and one for the guards yeah i'm sorry about that that's that's that's okay um this is

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yeah this is still kind of borderline i think what ellen i would consider a dwelling unit i mean you

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don't have a kitchen that's probably where where they would say you're you're not but i just want

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to let you just let you know that you the refusal just talks about removing a garage space and

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keeping the house for single family household living so if you have any intent of making this

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more of a dwelling unit you're going to need different zoning approval than what you are

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seeking today does that make sense yeah i'm gonna say what is your point but uh right now uh this

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it's not my intention to do it i got a few years with this unit like that and and i didn't try to

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change it it's not my plan no no it's not okay no i understand i just want to make sure make sure

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you're clear that this is that what is being requested is only you know single family and

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if and if the garage area is being converted to you know a full dwelling unit with a kitchen then

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And that is a different zoning approval than what you are seeking.

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Okay, but we are clear that we don't have kitchen.

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I don't have any kitchen there.

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Right.

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No, I understand that.

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I understand that.

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Thank you.

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You're welcome.

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Questions or comments from the virtual audience?

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I don't see any hands at this time, Chair.

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Planning Commission.

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Thank you, Chairman, and good evening.

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David Fechter with the City Planning Commission, Chairman and Board Members.

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The comprehensive plan recommends no change to the RSA3, Residential Single Family Zoning at this location.

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The appellant appears to have converted a garage into living space without the benefit of permits.

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The City Planning Commission recommends the board deny the proposed use variants for not providing accessory off-street parking.

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Okay. MI 2023-005-886-2749 Tremont Street. I vote no.

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James Snell, my vote is no.

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Michael Johns, my vote is yes.

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Senator Graham, my vote is no.

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Anne Wynne, my vote is no.

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Cheryl Gaston, my vote is no.

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Ishmael Shahid, my vote is yes.

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Okay, thank you.

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Number, thank you, sir.

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Number three, on this list here, MI 2024, 001166, 4917 Pine Street.

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Gordana Gostich is the owner the applicant provided an email from the

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Gordana Gostic is the owner.

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garden court zoning committee advising that it had voted to support the

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requested variance. Gordana Gostich has been promoted to

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panelists. Good afternoon could you please state your name and spell for the

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court stenographer. He seems to be on mute here. Gordana? Gordana Gostich, please.

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yes do you hear me yeah we hear you thank you could you please yes hi could you please i did

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okay well you didn't hear me gordana g-o-r-d-a-n-a last name is kostich k-o-s-t-i-c-h

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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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yes i do could you uh turn on your video please uh let me see okay

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i i did oh it didn't it didn't pick up just a second okay there you are okay thank you very

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much um our vice chair a hold on one minute this application is for the erection of a rear deck

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which stairs from grade to the deck accessory to an existing attack structure used for two

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family household living the stairs from the ground floor to the deck are prohibited in the

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attached structures okay yes our vice chair has a few questions for you okay

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no ma'am have you emailed in all the required documents and exhibits that is needed

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to proceed in this case five days in advance in a hearing yes thank you please proceed and share

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your screen okay um i haven't done this in a while so i hope uh you know taking this is i'm

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to get to my screen and i want to start from um what from showing the the drawings and actually

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um the uh there's a second sketch plans with some photos already attached to that

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so uh i hope it will open now i was counting on that okay yeah well this is the situation

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um hold it you know it did we don't have it yet oh okay so um

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well i don't i'm not sure that i understand and how i can um get it to you because i am opening

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and i think that my uh screen is shared how do i could someone help me why is it not square

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um what do i need to do just a second uh how how do i get you know the scared shared screen

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okay sorry tia our technical person so long yeah well you know um

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At the bottom of your screen, you should see a green button at the bottom of the Zoom

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window.

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I see more, is that there?

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Share, yes.

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At the same time, I have to ask you an incredible favor, is it anyhow possible?

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Of course it had to happen right now.

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Now, my refrigerator broke yesterday and they're delivering it and they are obviously coming right now.

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Is there a way?

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Do you want to continue the case to another day?

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No, I don't want to continue the case.

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I'm just then going to ignore them.

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Is that all right?

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I thought that maybe you can take someone else before me.

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I'll take someone else.

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I'll come back to you in about 15 minutes.

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Thank you so much very much.

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Thank you.

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Move to number one.

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Number one, MI-2022-005-968-5524-Pulaski.

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Sean Ward is the attorney.

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Letter of opposition from Faith CDC and a letter of opposition from Solo Germantown.

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We also have two letters of opposition.

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sorry terry sean where word has been promoted to penalist good afternoon mr ward

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Good afternoon, Mr. Ward.

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Mr. Ward?

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We see Mr. Ward?

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I believe he's coming back in as a panelist now, Mr. Chair.

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Thank you.

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Good afternoon, Mr. Chairman and members of the board.

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I don't know why it takes so long to rejoin, but I'm here.

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Mr. Ward, could you just state your name and spell for the court stenographer?

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Yes, my name is Sean, S-H-A-W-N, last name Ward, W-A-R-D, Esquire, attorney for the owner-applicant, East Falls Investment, LLC.

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

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Yes, I do.

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Our vice chair has a few questions, sir.

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Thank you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate towards the accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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Yes, I did. But for the supplements which were submitted today.

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Thank you, Sean. Please proceed and share your screen.

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Very good.

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uh mr chair confirming that my screen is shared it is very good thank you

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um mr chair members of the board i've submitted my typical exhibit

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packet um for 5524 pelaski ave counter number ending in 5968

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so you know that you have the picture of the marina up now

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oh really philly's looking much better

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everybody voted to approve the marina

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well uh when i when i share my screen from key west the last two weeks of november that's what

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i'm looking at uh out my window but all right hang on a second um let me uh let me try that again

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um and for the record i don't apologize all right okay so okay share

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how's that it is it's good yeah oh okay all right i don't know

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what happened there, but okay. Again, Sean Ward on behalf of the owner-applicant,

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East Falls Investments, LLC. Property at 5524 Pulaski. Counter number ending in 5968.

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Obviously scheduled for today. In my exhibit packet, A1 is the notice of refusal.

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Briefly, it's for the legalization of one additional dwelling unit on the same lot with 11 existing dwelling units as previously approved.

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There are two refusals relating to RSA 5.

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So we seek to either modify or confirm a use variance.

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and I have two additional arguments regarding variance by estoppel and or variance by vested

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right, which we'll address later. But for the record, A2 is the ZBA application of appeal.

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A3 is the project information form. A4 is the deed from 2012. A5 is proof of tax clearance.

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a6 is the originally approved zoning site plan a7 are typical floor plans a8 are photographs

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including posting subject property street views aerial views as well as uh not listed there some

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interior photographs uh typical of the units uh that we have existing and one unoccupied

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A-9 are the RCO meeting notices and certificates of mailing.

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We had two meetings.

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A-10 and A-11, I was not provided copies of those when I submitted this exhibit packet.

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uh provided copies of those when i submitted this uh exhibit packet my understanding is uh

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hopefully they have been submitted to the board uh i believe before i was uh booted out and then

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rejoined i heard the chair mentioning yes we have faith cdc has a letter of opposition

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and solo germantown also has a letter of opposition okay all right so all right the

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The board has this. Two other two other letters from neighbors.

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OK, yeah, I will address those as you know, as time permits and as we proceed.

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A12 is our zoning history, relevant history dating back to 2016.

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A13 is the zoning map, as I always include, and the aerial photograph.

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So, without further ado, this refusal was dated 9-16 of 2022, seeking the legalization of the 12th unit in a previously approved application.

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It resulted in two refusals, as outlined in red here.

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One was for multifamily units on a lot.

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Again, multifamily use was previously approved.

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And number two was the multiple main uses on the lot,

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which I don't quite understand because both uses are dwelling units.

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In any event, it resulted in two refusals.

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We filed our application of appeal.

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we included our project information form my transmittal letter to the board um i was unaware

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that uh miss sunkett was no longer the administrator i heard a new name uh mentioned

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today uh i congratulate her on being appointed or um her elevation and uh i congratulate tanya for

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her retirement or successful career as the

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administrator. In any

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event, we also included in the packet

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our proof of tax clearance, real estate. Taxes are clear

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as are commercial trash fees.

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What I have here is

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let me put it down a little bit.

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So just for the board's edification and what we're going to talk about, right here is the driveway coming in from Pulaski Avenue, and in the rear is where the units that we are discussing today will be found.

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uh we have the proof of the posting uh my uh agent went out and posted on the uh post and rail fence

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uh on the porch as you can see uh at the you know from a street view

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another close-up and this is an angle photo from the street

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