civus
Hearing video

ZBA Hearing - December 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20225h 24m

Thank you.

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Okay, Chair, we have 27 attendees and we can start it when you're ready.

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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 ZBA hearings.

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With me is our Vice Chair, Carol Tenere.

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Present, Mr. Chairman.

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Our board secretary, Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, Thomas Holliman.

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Present, Mr. Chairman.

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Thank you.

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Also here is Hillary Emerson, our attorney, and Lakeisha Dandy, our ZBA hearing supervisor.

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Before we begin, here is our virtual format.

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Be advised the proceedings are being recorded.

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by participating in your knowledge agreement to be recorded.

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A video will be available by contacting tonyasunkett at phil.gov.

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For the benefit of our court sonographer,

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we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone and you wish to testify,

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press star 9 to raise your hand and star 6 to unmute.

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to enter an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. And lastly, the question answer box on the screen is not for

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comments or testimony. All comments should be directed to our Executive Director, Tanya Sunkett.

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so let's look at our continuance continuances for this morning

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number two mi 2022 004 360 10960 dunton road that case is continued number five

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M.I. 2022, 004352, 3743 North 18th Street, that case is continued.

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Number seven, M.I. 2022, 004258, 3959 North Fairhill Street, that case is continued.

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Number 8, MI 2021-005-316, 1631 Church Lane. That case is continued, Attorney Moving Party.

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Number 9, MI 2022-004-261-2807, Nightingale Road. That case is continued.

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And number 12, MI 2022, 004353, 1208 Daly Street, that case is continued.

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and number 14, MI 2022-004-357-1429, Fanshawe Street. That case is continued.

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Any comments relative to the cases that have been continued?

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Good morning, Mr. Chair. This is Jason Hand. I do not see any hands at this time.

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Okay. Are there any other requests for continuances?

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Once again, sir, I do not see any hands.

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Thank you. And I also have two cases that we have no exhibits for.

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Number one, MI-2022-004-260-5306 North Fish Street.

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We have no exhibits for that.

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Solange Hippolyte is the applicant.

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Mr. Chairman, what number is that?

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That number, it's number one.

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One.

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Jason, any hands?

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I'm sorry. I do not see any hands in that case.

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I'm sorry, I do not see any hands.

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Okay, so that's the first listing.

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So that's the first listing, MI-2022-004-260-5306 North 5th Street.

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That case is continued, the first listing.

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And number six, MI-2022-004-355-1231-33 Walnut Street.

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I have no exhibits, first listing.

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Empire Building Partners is the listed owner.

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I did not see any hints, Mr. Chair.

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Thank you.

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So MI 2022-004-355, 1231 to 33 Walnut Street, that case is continued.

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We're going to go to our regular list, and we're going to start with number three.

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MI-2022-006-689-1007 Brandywine Street.

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Jessica Diaz is the owner applicant.

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We have a letter of support from the 14th Ward Democratic Executive Committee, RCO.

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And we also have a petition of support from 13 neighbors.

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Good morning, Ms. Diaz.

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I'll allow Ms. Diaz to speak, sir.

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Okay.

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Ms. Diaz, please unmute and wait to be.

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Good morning, Chair.

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Good morning.

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Could you state your name spelt, please, for the court reporter?

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Yes, my name is Jessica, J-E-S-S-I-C-A, D-S-D-I-A-Z.

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Right.

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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, sir.

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Could you turn your camera on so we can see you, please?

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I'm trying to look to see where I can do that.

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I'm going to promote it to panelists.

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please hold okay thank you

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Ms. Diaz will be coming back in as a panelist

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okay sure

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hello

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good morning to Ms. Diaz

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there we go

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okay

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that's it

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you're fine now

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so our vice chair

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has a few questions for you hi good morning have you emailed the exhibit packet with the required

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documents consisting of proof of ownership tax compliance refusal referral photos under plans

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

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you have a letter uh yes ma'am okay this is an application for the erection of a fourth floor

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addition on an existing attached structure and roof deck accessed from the fourth floor for use

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as two-family household living size and location as shown in the application plans there are there's

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one use refusal two-family household living is expressly prohibited in the rsa5 zoning district

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the other refusal is the maximum building height is 38 feet in the rsa5 residential zoning district

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and 42.16 feet

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is proposed.

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It's a letter of support from the 14th Ward

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Democratic Executive Committee

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and you may proceed

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and begin by sharing your screen.

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And there's also a petition of support

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signed by 13 neighbors.

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That's it.

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Okay.

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Got it.

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Zoom came up.

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so that's it we're good okay well good morning everyone good morning chair and um other members

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of the board my name is jessica diaz um allow me to give you a brief introduction i guess i am

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i was born and raised in brooklyn new york um came to philadelphia in the mid-90s to attend

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law school here at temple university and fell in love with the city um i purchased the home

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and I was the first one in my family to purchase a home in 2003 and so I've been a long time

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resident here for over 20 years now and have seen the renaissance and while

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while the neighborhood has still maintained its character and diversity over the years.

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the neighborhood has still maintained its character and diversity.

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So we are a family here.

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I have neighbors, I guess, that are here with me, along with my architect, if you have any questions.

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Allow me to just show you a little talk about the pictures, show you the current condition of the house.

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Oh, here we go.

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So, I have, when I first purchased the house, you know, I was in love.

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It had character.

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It was very unique.

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um but as you can see like my basement um ceiling height is a little low so I was never able to

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really kind of do anything down there um I also get water at times during hard storms um

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I have these windows as you can see let me see if I can zoom it in a little bit

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I have radiator heat. I have no central AC. And so my cost of maintaining the house,

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you know, is pretty expensive. You see these windows back here?

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um what they did um the previous owner blew out the back so i have no backyard

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and they made this an extension and it goes all the way up to the third floor

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um but these are single pane windows and so my heating bill um during the winter months

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is almost like a thousand dollars um so i lose a lot a lot a lot of heat and energy

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um that's a hatch I guess to get down to the basement the staircase basically is in the

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middle of the house and so I have no bedroom walls I have the basically the staircase kind

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of separates um all the rooms in the house and the staircase is very narrow like I couldn't I

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couldn't fit the couch that we're sitting on I couldn't bring it upstairs because it wouldn't

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Yeah, I couldn't get it over the railings and to clear these kind of landings over here.

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Let me go.

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Also here, so you see my radiator heat.

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These are on each and every floor.

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It's very pretty.

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But I lose basically about three feet of living space.

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because underneath here and behind the radiators is all closet space but these like kind of um

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landings are about three feet kind of deep and so that's on each and every floor of the house

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great for a woman you know I don't complain about all the storage but

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I lose a lot of living space on each of the floors so this is my main bathroom and as you

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can see it has no again there's no walls and so now after 20 years and i have nephews that come

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over you know um there's no privacy whatsoever when you come out of the shower or when you use

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the restroom um here those window panes again again it's about at least three or more feet

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that goes back um there's another thing i wanted to show you this is the bedroom so this is the

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top floor again no doors no walls it's just all open space

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this is the top floor where i would i usually just try to um uh do work is my desk kind of

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library area but in the summertime so in the wintertime I freeze but in the summertime I

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can't stay up here because all the heat rises and it's 150 degrees up here um I also have you can see

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I have these skylights very pretty I loved them when I first came when I first bought the house

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but almost every on the letter almost every five years because of the settling it's a very old

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house i've had to redo all six of the skylights to get them resealed at a cost of like ten thousand

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dollars because any little centimeter you know settlement i start to get water in the house

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I start to get water in the house.

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and you'll see i guess some of the pictures will show like

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And you'll see, I guess some of the pictures will show, like I just get, over the years, I've just gotten water damage.

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You can see the water damage kind of over here.

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So I've had to do some.

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So Jessica, I think I understand what you've just presented.

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Why don't you show us like a drawing of what it's going to look like when you're done?

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Sure.

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I think that was the next exhibit first so I have gotten preliminary plans my architect is here

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oh sure oh and I have finished plans also um I just want to get an idea what it's going to look

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like when you're done yep hold on you're going to put an extra floor on you want to go up for

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a fourth floor am I right yes and it's not going to be a full like so you know typically you would

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have like a um a pilot house right kind of up there a pilot door but because i'm i'm losing so

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much storage space if i'm kind of going from you know a full house to basically a two-bedroom

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apartment right because i will be living in the in the second unit the top unit right okay so

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because i am losing so much i'm going to expand that top so that it's just not a pilot house

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it'll have storage i can put my desk up there it'll be a work area basically for me

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and that you'd be able to see i believe right here

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oh wait

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oops sorry

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so okay okay it'll be kind of but it'll be set back you know so it's not gonna interfere with

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my neighbor my immediate neighbors as far as their view you know to the to the city or anything like

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that okay and and you're at the rco how did the rco vote go

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yeah unanimously they voted in favor of the my request for the variance okay you know again

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we've been i've been here you know initially i looked to sell um i was you know going to open

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houses i was looking around but you know we kind of grown to be a little family over here

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go out we shovel each other's property you know snow off each other's property

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all right so if i'm going to invest three hundred thousand dollars i want to so jessica one other

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one other question sure are there any other apartments when you're blocked yes so my

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immediate neighbor um they are new to the area they came from delaware okay um um they built a

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duplex and so when i saw what they did i was like well wait a minute then maybe i can do that and

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i'll be able to afford you know the new mortgage that i would be good good good all right all right

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So questions from the board? No, Mr. Chair. Questions or comments from the virtual audience?

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Okay, Mr. Chair, I have Ms. Diane Munro with the hand raised. I have an order to speak at

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time this time, sir. Okay, good morning. Hi, could you state your name, please,

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and spell for the court reporter yes i am monroe e-i-a-n-e monroe m-o-n-r-o-e right do you swear

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for him to tell the truth the whole truth and nothing about the truth yes i do pursue miss

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Monroe. Okay, good morning. Good morning. I'm the chair of the 14th Ward RCL. We did have a

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open community meeting on this project a couple of months ago. Right. And the community is in

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support of this project. We did not receive any negative or any opposition about the proposed

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project. And it was explained at the open community and everyone understood at the open

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community that it was going to be higher than 38 feet. And even the drawings that were submitted

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to, the 14th Ward demonstrated that it will be over 38 feet. So, you know, the community is not

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in opposition. No one is in opposition. The people on that block, they are in total support. So we

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give our 100% support of the proposed project. Thank you so much for calling in.

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Thank you so much for calling in.

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