civus
Hearing video

ZBA Hearing - June 26, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 26, 20244h 28m

39. OK. All right. Any other questions?

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All right, so if we want to do an also known as AKA 3239 Fox Street.

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Chair, can we just hold it and then make sure we dot our hours and cross off where we started?

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Why don't we do this?

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We're going to hold it, we'll look at it, and we'll get back to you, okay?

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Can I ask what the owner felt about the community's provisos?

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Well, she did not get on the phone.

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I was usually she gets on by the way. So, Mr. Chair, we did have another we do have another hand in the audience.

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I believe that is Miss Fernandez from Swampoodle. OK, good. Thank you. Thank you. She always gets on.

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Adrienne. We have been allowed to speak.

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Hello. Hi, Adrienne. Could you state your name and spell for the court stenographer?

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Yes, Adrienne Fernandez,

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Swampoodle Neighborhood Parts Association, RCO.

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And my last name is spelled F-E-R-N-A-N-D-E-Z.

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Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth?

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Yes.

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Please proceed.

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Okay. I just wanted to ask for the two provisos.

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The two provisos. One is that the

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the trash and recycling plan management plan continues because we've been working with this

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project for a good while and also that the juice bar hours can as close as possible match

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the personal service fitness gymnastics dance and yoga studio hours and also we do understand

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there could be more than one juice bar I don't know if I should write it in but I think I can

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maybe add some clarity to the discussion you were having about areas of the building, because

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in the beginning, and usually Sean is very detailed about unit identification and unit

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use. He probably has some of the best plans for that of all the ones that we see. The thing is

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that when there were nightclubs there, there was great opposition. So his specifying what would

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happened in each unit was so important that the thoughts were restrictive. So then I think he

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mentioned that, I don't know, it was the guy that opened up the children's gym as one youth. He's

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a neighbor also, or the boxing person. They started bringing in other uses that were still

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underneath personal service. And one or more of the uses, yeah, one or more, like gymnastics and

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yoga became extremely popular with children. So one thing that would have helped is if there was

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a couple pictures of what occupancy actual people in that building look like when those children

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were there doing gymnastics. And they definitely need the space of at least the whole floor,

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but probably the whole building, because there were a lot of them, and they're tumbling and

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doing things like this, and they take up a lot of space. So like one unit's not going to do it.

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um the the uh the gymnastics yoga and the other programs that these children were using because

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they figured out what was the right fit um uh it was i mean extremely popular i couldn't even tell

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you how many um sean and george don't know that we visited um some of the swamp little members we

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visited because people on the street were talking about it and even at up to like eight nine o'clock

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at night those kids are there as long as they can stay you know with the instructors and it could

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have been uh 50 60 of them so um they need as much space as possible because now the nightclub is

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So, they need as much space as possible because now the nightclub is off the table.

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They need all the space possible because the use is so positive and they found the right users.

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They found the right customers.

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So, I hope that explains what the confusion may have been.

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Yep. Thank you.

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With no nightclub and personal services, it's very popular.

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with nightclubs nobody wants it there so everybody wants to you know pack it into a corner somewhere

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and not have it at all so that that's why um they've been confusing and they addressed it

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we use um i think the water department address the stormwater address is 3251

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fox street yeah that that's the entire site the u.s postal address the u.s postal address

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doesn't really apply because on the um refusals they use the stormwater address which i think

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matches how many service water services go to a building.

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Okay. All right.

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Just to add real quickly,

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the nightclub application, again,

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I was aware of that.

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I remember that application.

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Yeah. And that is gone.

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It's not compatible with...

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Listen, here's where we are.

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we're going to put this down on a piece of paper i'm going to work with hillary we'll get it where

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we want it to get we'll vote on this on july 10th at 2 p.m okay okay july 10th 2 p.m come back to

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you all right mr chair i do not believe we have gotten the recommendation from the planning

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commission yes i'll take care planning commission yeah this is uh ron bednar city planning first

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First name Ron, R-O-N, last name Bednar, B-E-D-E-N-A-R.

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Do you swear to affirm the telling truth, the whole truth, and nothing but the truth, Ron?

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I do.

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Please proceed, sir.

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While this property is currently indicated for industrial on the city plan,

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given the site's physical circumstances and the current multiple uses,

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we recommend the request of variance for granted.

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Thank you very much.

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And Mr. Schoenberg, we'll be back.

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We'll be back.

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I apologize.

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No!

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I never take this long.

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No, that's okay.

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We're glad you're back.

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We're glad you're back.

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Okay?

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All right.

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Thank you.

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Thank you.

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All right.

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Number four.

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MI 2023-004-891-9969 Wisteria Street.

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Nicholas Bechtel is the owner applicant.

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There's a recommendation of support from the Greater Busselton Civic League.

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there's a letter of non-opposition

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from Council Member O'Neill

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Mr. Bechtel

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Nicholas Bechtel, please unmute yourself

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Good afternoon, sir

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Mr. Bechtel? Unmute yourself.

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How are you, Mr. Chairman and Board of Members?

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Hi. Mr. Bechtel, you'll be doing the testify, am I correct?

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Yes, that's correct.

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Okay, all right. Could you state your name and spell for the court stenographer?

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Nicholas Bechtel, N-I-C-H-O-L-A-S, last name's P-E-C-H-T-L-A.

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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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So this application is for the erection of a detached accessory structure, private resident garage, no change to existing single-family living principal use or existing principal detached structure.

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The maximum permitted depth for a private resident garage is 25 feet, whereas this depth is 40 foot 7 inches proposed.

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Our vice chair has a few questions for you.

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good afternoon sir have you emailed in all of the required documents and exhibits that

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is needed and required to proceed with this case five days in advance of this hearing

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yes the uh two things that were added a few days ago we got an email was the

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the city leaves approval and the pictures photos in my backyard

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understood good please proceed and share your screen

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is it working can you see my screener no we don't see we need to see your documents

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is that is that up now or it should be up now i think it's not no okay try the green button

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it's not no okay try the green button at the bottom of the screen share a screen

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yep i've got to open the document up which yep okay uh what do you guys need to see from this

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i'm sorry i don't know well we know what your application is for why don't you why don't you

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get to show us your yard right is this garage up yet no it is not okay let's show us what what it

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looks like this would be a an aerial view of my backyard what you see there it's a

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trampoline and then the red

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rectangle will be for

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the garage to sit in my backyard.

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Okay.

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Or do you have the other

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shots of the site?

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Yes, we have

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some actual photos

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taken.

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Sorry, it's taking a minute.

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okay this would be from if you're looking at my house you'd be in the back left corner

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of the um the yard so this will be looking towards where if you can see the shed in the

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back there yeah and that corner back there is where you're going to put it correct this is

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another shot a little bit closer up where that that corner will be where the garage gets

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This is from the far right side

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And this will be straight through

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Where the trampoline is

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Behind that will be where the garage will sit

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And this will be from the far

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Back corner that will be towards the house

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On the left side there

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So the garage will be sitting right where the photo was taken

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Let me ask you

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What's the height of the garage?

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Under 15 foot

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There's a sign that I haven't posted out

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that's the front of your house

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sir uh anything else that you guys need to see or is there a driveway to get back there i mean it

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would is this just for storage it'll be in large part for storage yes i do also want to park two

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vehicles a motorcycle and i have a uh a work uh they're like another motorcycle that they allow

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me they will be allowing me to take home and i do go back and work but i'll also park in there

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and then the back end because i have three kids so i have a lot like bikes and

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other things to store in there as well

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but what happened when you went to the uh the rco the 22 agreed upon it and there was just one of those

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I have that in here as well

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it's down the bottom

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can you turn that a little bit

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so we can see it

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sure

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maybe turn it the other way

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and there it is

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so that would be on the right side

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there would be what the front looks like

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on the left side would be what the

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left side looks like

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questions from the board

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question what's the what's the dimension from the side of the property to the um to the property

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line uh where at some point you could put a driveway if you know there's 11 and a half feet

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on the side of the house there okay so you've got enough room to do that right that's the

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existing driver where the cursor is now then when you come down in this will be

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crushed stone i don't plan on having concrete there

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it'll be all crushed stone where the cursor still is

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and then it'll go to the garage which is right there

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all right thank you

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any other questions from the board no chair so

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chair so uh will there be there will be a curb cut there or

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Or is it already in existing?

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What was the question?

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I'm sorry.

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A curve cut for the driveway.

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It's already existing.

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You're talking about the apron?

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I'm sorry.

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I still can't hear it.

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The apron?

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For the driveways that you're trying to do, will there be additional curve cuts or is it only existing?

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already existing thank you so just one question what made you pick

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Already existing.

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Thank you.

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a 40 foot depth foot depth the reason behind the uh the size change that i did was i wanted to

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keep as much of the yard usable as possible because i have like i said three kids that

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are very active run around outside as well as a dog but i think this is my yard as opposed to that

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All right. Questions from the board.

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Questions from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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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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This is Ron Bednar, city planning.

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Properties indicated for residential use on a city plan or adopted district plan

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