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Hearing video

ZBA Hearing - February 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 10, 20218h 33m

can you hear me yes what are you presenting can you see a google shot of the site are you just

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showing pictures i'm showing a picture and a diagram okay so we didn't get it yet can you

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click the share screen button at the bottom sure here we go you see it because yeah i did get the

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blue ring around it you can see it yes now we see it thank you all right so uh here's the context

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uh this is sunny side coming down here conrad this is the street in question and the property

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division street um these uh most of the neighbors and if any of them here are still at the

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meeting, it's a lot later than they're expecting, live in all these two-story homes, these three-story

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homes on Conrad, and the owner of these three units here is also present. People who have been

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living in these houses for generations, many of them, have been used to this being front to back

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100 feet deep. These are 1500 square foot lots. At some point these three homes, their backyards

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are subdivided and a low-level garage was developed here and it became a separate lot.

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I can tell you that if the neighbors knew or had any control at the time of this lot being zoned

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residential it would not have happened and they didn't even know about it until this proposal

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came through so everyone was like shocked because they're just used to this pretty much an open

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space east falls most backyards they go back 30 40 feet they have trees here you can see trees

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trees trees trees uh people here park in division street it's one way in one way out which is why

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you see cars on the sidewalk the first proposal uh that came in from the new boat group was larger

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than what you see presented on my screen it was built out to the full lot it was three 600 square

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Excuse me, could we limit your testimony to what is now currently being proposed?

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Right. So this is the impact on the surrounding homes.

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I'm going to object to this. This is speculative. And while I understand that Mr. Langer is conveying

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his opinion, these drawings don't have dimensions. So I can't tell whether or not they're in fact

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to scale and our accurate representations of the size and the impact.

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And they look considerably larger than what is being proposed.

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And I understand you may be doing that for effect, but let me ask the question.

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The properties across the street from the proposed development, those two-story units,

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what is the height of those? Does anyone know?

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Yeah, they're about 22 feet.

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22 feet high. And then further down the street, there are some three-story on that block?

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down here yep they're about 30 feet okay 32 feet they're all lower than well their proposal is for

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Well, the proposal is for 33 feet, 6 inches.

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33 33 feet 6 inches

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No.

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No, the proposed project, the height, and correct me if I'm wrong, Sarah, is 33 feet, 6 inches?

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Mr. Chairman, you're correct.

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Okay, can I explain that, please?

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I don't know what's to explain.

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It's 33, 6 inches to the roof.

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okay there's a parapet that's required to be 42 inches tall by code which takes the apparent

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height from the street up to 40 37 feet so the height has been reduced from 42 to 37

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i'm the chair of this committee and i'm representing neighbors here

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i understand that we're letting you testify right so chair i'm sorry to interrupt very kindly i

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I would like to mention that we do have quite a couple other people wish to testify, as well as other cases listed, but it's still your call.

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I hear you. Could you get to the crux of what the opposition is, sir?

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The crux of the opposition is that the proposed development is still too high, considering the narrowness of the street and the fact that the adjacent properties are two-story.

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this is an extreme hardship

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for the neighbors

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and we would like them to come back

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and continue negotiation

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until we can get a scheme

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that the neighbors will accept

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okay but you will admit that on the

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I don't know what street that is again

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there are three story homes

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not the vision street

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on the side

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sunny side is that

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or

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Conrad here there's three-story homes but they do not go up to 37 feet.

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How many stories is this project? We're proposing three stories. Three stories.

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I'm talking, could someone bring up that map again? The aerial photograph?

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I'd like to say that I'm in this business so usually my eyeballing is pretty accurate.

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That's great. Thank you for bringing up the burial. I would not want to be exaggerating it.

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the street that runs perpendicular to division

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conrad's what is that that would be conrad's this street here would be conrad street

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and division is is right there so there's a number of three-story homes on conrad correct

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Yes, that's correct.

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Leading into the vision.

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In the rear, there's one house that goes back,

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actually two or three houses that go back pretty far on Conrad.

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Yes.

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Okay.

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All right.

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All right.

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We are really pressed for time here,

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and I'm not suggesting this is not important to the RCO and people living there.

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so is there anyone who has else could testify who hasn't something new and different if not

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we're going to have to continue this case okay chair we have someone named sean kilroy with

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their hand up kilroy please identify yourself with a record and i'll swear you in hello can

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you hear me yes sir hello my name is sean kilroy uh 3421 conrad street and are you one of the houses

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on conrad between uh division and what's the other one again sunny side that is correct

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and looking at the aerial shot your house is on the right hand side

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uh looking at the aerial shot uh you can see my address 3421 on the roof uh of the dark roof on

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Conrad. Okay. That's a single-family home? No, that is three two-bedroom apartments.

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What is the height of that building? Do you know? I don't know, sir.

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But it's three stories? Yep.

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Is it recent? Has it been built recently? Oh, no, no. It's over 100 years old. Okay. All right.

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Your testimony? Yes. My name is Sean Kilroy. I'm at 3421 Conrad Street with my rear driveway

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Yes, my name is Sean Kilroy. I'm at 3421 Conrad Street with my rear driveway directly adjacent to this proposed project. I oppose the building of two three-story houses at this location. In fact, I oppose the building of any new housing here.

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direct

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There's no other housing on the northwest side of Division Street, and there never has been.

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Division Street is a very small street with no exit.

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One enters Division from Conrad Street, then has to exit the same way by reversing out.

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This block cannot accommodate any more houses.

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In fact, the structure that currently sits on this plot is a one-story cinder block building with three garage doors.

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However, no car can park inside this building because the street is so small it's impossible for a vehicle to turn and enter here.

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Please do not allow any houses to be built here.

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Thank you for your time and consideration.

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How do the cars that are on the alcohol pads on the rear of these houses, how do they get in and out?

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Well, they get in and out by they drive in and then they back out and come out.

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But because of how close this structure is to the street, you can't make the turn there.

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Like you can't turn into the garage doors of the existing structure.

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And no car will be able to park in there, you're saying?

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It's my belief, sir.

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I think that'd be a question for the streets department.

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All right.

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I think we're going to have to continue this case.

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And Sarah, from what Mr. Hillary said,

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I'm not sure if your client is willing to continue to engage in conversation with the RCO.

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You know, with regard to engaging in conversation with the RCO,

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we've had multiple meetings on this project and we've made considerable compromise um we're happy

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to continue to discuss with them um as always remain committed to compromise however i just

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wanted to be known for the record that there's a difference between compromise and capitulation

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and i think here what the rco has been asking for is for them to design our project for us

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which is not

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I hear you

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just because no houses were ever on that side

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of the street doesn't mean there can't be houses

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on that side of the street

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I think

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I don't understand that but

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in any event

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do we still have

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more people on this case Tanya

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or Yvette

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yes there are three more people here with their hands

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up

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the three people is there anybody who is

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in support of this

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If they are, please keep your hand up.

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If not.

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And do you have one person with a hand up, Chair?

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Okay, please identify yourself with a record.

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Name and address.

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You can unmute yourself and speak.

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Name and address and I'll swear you in.

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Ms. Morris?

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yes my name is oh i'm sorry my name is linda nariz i'm a resident of 3422 division street

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i lived here for 50 years swearing a firm to tell the truth the whole truth nothing but the truth

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so help me god okay please proceed yes looking talking about this garage i remember when that

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garage was built if you can look in the back of the garage there's three apartments they were

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built for those three apartments for the tenants to to park in there but it end up the owner that

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owned the houses put it into a metal shop making aluminum awnings which the neighbors didn't want

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early in the morning so that stopped so then they i don't know when it got self-divided we were

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shocked about this but one important thing you must know this is a dead-end street and it's going

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be a very big inconvenience with all this development and things going up and uh if people

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won't be able to come in and out do their daily routines and trash and deliveries and another

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thing it's important to know is with this garage and the proposed plan is them apartments they'll

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be looking right that's in their backyard so you're looking at maybe 12 feet maybe i don't

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know the exact measurements but it's good it's not fair to the residents who live

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to them three apartments where the garages are it's typical of any row house neighborhood

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no this is memory in the backyard i understand what you're saying all right i hear you but i'm

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just saying there is a letter of opposition from the councilman too with this yeah and many

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neighbors since we stayed on all day i'm sure there was many neighbors on who opposed this also

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with good reason. I wish they would have stayed on and speak. So if we can continue this, I'd

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appreciate it because it's not a good fit for this community. It's overdeveloped as it is.

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because it's not a good fit for this

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community. It's overdeveloped

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as it is.

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Thank you.

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Thank you.

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Thank you. Have a good evening.

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I don't know. I mean, I'd like to

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continue it, but it sounds to me like they don't want

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anything developed there. That's what it

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sounds like. That's what it sounds like.

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Any suggestions from the board?

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I'm worn out.

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we should I think we should I think we should vote it I think you should I think we should vote it

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we can vote it we can vote it all right uh planning commission

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Ariel DiLiberto from the planning commission um Sarah you mentioned that there's no longer

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a variance needed for the rear yard could you just show that in your materials of course thank you

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So, just to show, this is the newly proposed structure, which shows a seven-foot deep rear

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yard as required. And I would also note that the revised plans were delivered to

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council for the VBA, Ms. Sharon Saleta, and the seven-foot rail yard is also noted as a

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change on the revised plan. Thank you for showing that. Our recommendation,

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the comprehensive plan recommends this property for residential single-family use.

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the proposed variances are not necessary to enable viable economic use of the property

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we do not believe that a hardship exists that would require the subdivision of this property

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to two lots keeping the parcel one lot fulfills the required lot size for rsa5 zoning

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the front access parking variance conflicts with the adopted comprehensive plan and related zoning

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code updates we recommend that the board deny the variance i have one question for sarah

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uh has the street department approved the curb cut have you gotten that far yet uh

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yes um i do not the streets department approved the curb cut um in the initial plan when there

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where there were three where there were that's normally the way it is i just was curious

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all right uh here yes this is tanya again and i um just want to mention um that there are three

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other individuals requesting to testify but of course it is your call but i just want to let

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you know that they are mentioning in the chat that they wish to testify so it's your call

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what is it what what what would if we do a resumption hearing when would that be

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um we can march 3rd at three uh two two o'clock no no that would be 3 30 3 30 i meant to say i'm

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I'm sorry, okay, am I-

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We can come back on March 3rd

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if that would please the board.

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Say that again.

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Mr. Chairman, we'd be happy to come back on March 3rd

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if that would please the board

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to allow all the neighbors to testify.

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We'll do that, thank you.

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MI 2020-002459, 3445 Division Street.

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the hearing will be resumed on march the 3rd at 3 30 p.m at which time we will consider any

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