civus
Hearing video

ZBA Hearing - February 10, 2021

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

no yes no yes will there be a commercial pickup of trash

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yes yes good thank you all right uh anyone else on the board no no now their number

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MI 2020-000340-1530 West Champaulce Avenue.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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And good luck to you.

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Calendar number 0298-1924-South 19th Street.

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The attorney is Vern Anastasio.

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Vern, you may speak. You've been promoted to panelists.

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Mr. Anastasio, can you put your name and address on the record, please, and spell your last name?

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uh yes verne anastasio a-n-a-s-t-a-s-i-o 1315 walnut street suite 1006 philadelphia

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19107 do you swear or affirm to tell the whole truth and nothing but the truth i do do you also

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agree to wave the reading the refusal and stipulate to its accuracy i do have you emailed

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the exhibit packet with proof of ownership tax compliance refusal or referral photos and or

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plans of the property five days in advance of this hearing and have you met with the RCO and do you

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Five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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have a letter?

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I have all of that.

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Thank you. You may proceed.

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Thank you. I'm going to share my screen, if that's okay.

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That's great.

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Okay.

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1924 South 19th Street.

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As you see here.

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here. It's, we are legalizing a garage that was built out on the rear of this particular

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property. Here's the garage right here. And it's in.

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how long has it been there

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uh he thought he could build it as a matter of right um it's been there um a little over a year

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he found out that it wasn't when he found out that it was not compliant he uh reached out to

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us and we've been going through the process to legalize it thank you there it is right there

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there, and we met with the community group, the Point Breeze Community Development Coalition.

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They voted, it was a tie with respect to the RCO leadership.

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and there were some folks in the there were only about four folks in the in the audience

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and they voted in opposition but we do have a petition from all immediate neighbors everyone

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on 19th street who all support the legalization there were some provisions that were required

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and um they were the owner would add mirrors on the sides of the garage at the top and the owner

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would add lighting system to indicate when exiting the garage he has agreed to those two provisos

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we have the tax certification the proof of mailing 205 and like i said we do have a couple dozen

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actually three pages worth of all the immediate neighbors in support of legalization with those

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provisions intact. Here's the flyer that was distributed and mailed. And with that,

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I'm going to close my case in chief. My client, Elad Bella, should be on the line. Elad,

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I go can you please raise your hand and be acknowledged Mr. Biko told me he was

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on I don't know I will stipulate you being an officer of court that your

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client would adopt your testimony I have a question though that the photograph

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yes sir that's showing a side view uh right there yep that looking down 19th street or

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is that looking down was that mifflin or mckean i'm not sure um you mean this photo right here

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yes that's 19th looking south down 19th and this is a corner property i assume correct that's correct

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frontage is on the uh the name street which is uh dean or mifflin yeah mckean

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okay uh any questions from the board we have everybody's signature on here

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is there anyone else who would like to testify in this case please raise your hand

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we have someone with the last four digits of their phone number 4781 you may unmute yourself

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and speak uh yes ma'am yeah this is uh boykey uh the owner 1924 south 19th street

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is that your client

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it is

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Vern maybe you can spell his last name for us

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Mr. Boyke could you please spell your last name

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sure

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BSN Boy

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U

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BSN David

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I A

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R A

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C H

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M like Mike

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i'm like mike a and like nancy you swear and affirm to tell the truth

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A

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N like Nancy

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you swear in a firm

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i do somebody has a mic on please mute it

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okay um i have a question sir what was there before you built the garage

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was that it was an extension of the building or was it a rare yard because i'm looking at this

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what looks like the beginning of the second level goes up to the party wall on the property at

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on 19th street what was there before you created a garage

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sir you are muted if you unmute yourself we can hear you

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frank the noise was coming from this gentleman okay can you hear me i'm sorry

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okay so when i bought it the building is that's the way it was uh the only different is it just

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the the uh the front uh i mean the the garage door before it's just on the regular door

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and and we open it and change with the garage door that's it so that's nothing it was like a storage

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room with a door leading into it? Yes, it looks like that way. Okay. All right. Thank you. Any

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questions on the board? Mr. Boyki, do you adopt my presentation as your own testimony, sir?

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Yeah, yes. Thank you. Any questions on the board? No. Nope. Anyone else like to testify in this

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case please raise your hand there are no hands up chair planning commission thank you planning

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commission thank you chair to chico ian haggerty for the philadelphia city planning commission

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we believe the variance is minimal we have no objection to the granting of the variance

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thank you mi 2020 that's 0002981924 north 19th street my vote is yes my vote is yes my vote is

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yes. My vote is yes. My vote is yes. Thank you. Calendar number 2452, 2005 East Cliveden Street.

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I see no hands at this time, Madam Vice Chair.

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So the attorney is Harry Cook, who has already been continued.

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And Mr. Cook is in Mr. Anastasio's office, perhaps Mr. Anastasio could, if he's still

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here, could be called.

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no he left the meeting has this case already been continued it it's not and they did submit

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exhibits if we could move this to the end i will try to contact mr cook i'm here do you want me to

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Mute him.

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I'm here.

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I'm here.

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Hi, folks.

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So this is case

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2452, 2005

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East Cliveden Street, and Harry Cook

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is the attorney.

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Well, I'm going to be presenting.

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Okay. Put your name and address on the record,

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please, and spell your last name.

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He's coming back in as a panelist.

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yes i just promoted him to panelist

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sorry folks i don't know what happened there okay name and address sure vernon anastasio 1315

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walnut street suite 1006 philadelphia 19107 and we're doing do you swear to tell the whole truth

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oh you're still under oath do you agree to weigh the reading of the refusal and stipulate to its

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accuracy? I do. And has the exhibit packet with all the required documents been submitted?

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It has. Okay, you may proceed. We're doing Cliveden, right? Yes. Thank you. I'm going to share my

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screen. Okay. This is an application for a construction of a two-family dwelling

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with two accessory surface parking spaces. This particular property was part

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of a larger parcel that was in fact subdivided. And then my client purchased the empty lot.

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The other portion of the parcel are two single family homes. My client would like to build

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My client would like to build these two homes on this one lot.

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these two homes on this one lot.

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There'll be a driveway here with two accessory parking spaces in the rear.

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Here's...

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There'll be two homes, one here, one here.

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There's the layout.

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There's a side view.

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uh there are the two homes uh adjacent to the the lot in question uh this is the lot in question

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on on the right there are the two homes that this property was part uh part of before the

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uh subdivision

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well we'll bring in

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this is the lot here

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This particular lot is pretty large, so let's take a look.

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And the surrounding properties are all nearly single-family homes.

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The lot areas, according to Atlas, are as follows.

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2001 is a 2600 square foot lot. 2003 is a 2800 square foot lot. Our project is almost double

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that, 4100 square feet. 7600 Fayette is 5800. 7608 Fayette is 1600. 7609, which is the backyard

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to butts the side of our property, 2,800, and 7611 Williams is 3,800. Again, all these are single

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family homes. Ours is nearly double in size of the ones on Cliveden, and that's why we're asking

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for the two single family homes on the one lot. In terms of the use on this block, there are

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multifamily buildings at the following addresses, 7617 Williams, 7644 Fayette, and 7650 Fayette,

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all abutting this property. And with that, we met with the community organization. And let's see if

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I have, yep, there it is.

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This is the flyer that was mailed out.

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And it's my understanding that they are in opposition to this.

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67 pieces of mail went out.

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This is, again, this is a double-sized lot.

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It's over 4,000 square feet.

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Most of the single-family homes are on lots that are half the size.

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As a result, we can give our potential purchasers 16-foot-wide homes with the parking in the rear.

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It does absolutely zero negative impact to the community.

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This is a vacant lot as it sits, and it'll be an asset to the neighborhood.

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But with that, I think we probably have some folks who want to speak.

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But I'd like to have my client raise his hand if Mr. Ilad Bela is online or on the phone.

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Mr. Bela, you can unmute yourself and speak.

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Hi.

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Good morning.

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Please identify yourself with a record name.

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Please spell your name.

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My name is Ilad Bela.

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The B-E-L-A.

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We're in the firm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Mr. Bella, did you hear my presentation to the board today?

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Yes.

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And was it true and accurate to the best of your knowledge?

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Yes.

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And would you adopt it as your own testimony if need be?

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Pardon?

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Would you adopt it as your own testimony if need be?

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Yes.

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Thank you.

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With that, I rest, Mr. Chairman.

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excuse me mr anastasio we don't have a letter from the rco or for the council person do you

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have either of those i do not thank you but we don't have it either sharon no yeah there was

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nothing forthcoming all right this is hillary from councilman parker's office um i'm here to

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speak on behalf of the councilwoman and i can also forward you the rco's letter okay we'll get you

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We'll get to you in a minute, thank you.

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Any questions from the board?

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No.

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No.

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Nope.

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Okay, now, if anyone would like to testify,

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please raise your hand.

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Hillary?

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hillary yes please identify yourself i'll swear you in yes i'm hillary emerson e-m-e-r-s-o-n on

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behalf of councilwoman sherelle parker confirm to tell the truth the whole truth nothing but the

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truth i do please please yes um councilwoman parker um is is opposed to the proposed uh duplex

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at this location. She doesn't feel that there's a hardship in this case, as counsel noted.

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This is largely a single-family home area. The properties adjacent are single-family

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homes, the other two homes on Clifton Street. This, there's one of the refusals in this case

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is for an eight-foot side yard requirement, and the size of the proposed duplex would result in

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only two and a half feet between the side of the building and the common driveway that's between

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the Cliven Street properties and the Fayette Street properties, and there's no hardship

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showing why there couldn't be two eight-foot side yards in a smaller single-family home to be in

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compliance with the dimensional requirements in the zoning code. As I mentioned, Councilman feels

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that this is out of character with the neighborhood, given that it's largely single-family homes on the

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lots attached and detached. We feel it's an overuse of the property and the community was

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opposed at the RCO meeting. And I can forward that letter to Sharon. And Vern, if you didn't

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get it, I thought you had. So I'll follow it up to you as well. That's okay. And for

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the record, I mean, as you can see, these look like two single family homes on what

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is a double-sized lot so just for the record anyone else like to testify in this case please

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raise your hand no hands at this time chair thank you questions i asked questions from the board

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