civus
Hearing video

ZBA Hearing - December 15, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20214h 39m

third floor and that is also a two bedroom two bath they're both very sizable units over a thousand

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square feet again we did meet with the community on november 16th at 6 p.m this is a notice that

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we sent out on November 3rd to notify nearby neighbors of this particular meeting. We included

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a copy of the refusal and that notice was sent out to 130 properties as required by the city

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and here we have a list of the properties that were in fact notified of that meeting. Our

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certificate of mailing showing that we sent the notice out on November 3rd, the second page of

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our certificate of mailing, the third page of our certificate of mailing, the application for

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appeal that was filed. Again, the refusal that we have here, the property is known as

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CMX2. This is a very residential block in nature, so we feel it would be inappropriate

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to have commercial use on that ground floor. Instead, we ask that we have residential use.

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The project's information form, a deed showing that my client owns the property, and our

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certificate of tax clearance. My client has actually overpaid, but he does have a credit

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there um so with that um i will stop sharing my screen for the time being and if i could have my

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client um on behalf of hummus homes if i need to raise his hand so he can adopt my testimony

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would you state your name and spell for the court reporter please

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i believe he's on you can you hear me now okay state your name please for the court reporter

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and spell it yes it's if i should go as it spelled i f e a n y i c h u k w u last name e z e

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you swear for him to tell the truth the whole truth and nothing but the truth yes

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Proceed.

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Thank you. If I knew you, did you hear my presentation today?

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Yes.

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And was it true and correct?

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Yes.

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And would you adopt it as your own testimony?

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I will.

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Thank you.

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Questions from the board?

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No.

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Questions from the virtual audience?

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there are no hands at this time chair planning commission

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good afternoon david vecto city planning commission mr chairman members of the board

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the comprehensive plan recommends no change in the commercial and residential mixed use zoning

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at this location however the block surrounding this property has primarily two-story and three-story

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row homes a two-unit row home with no ground floor commercial space is in keeping with the character

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of the block. We recommend that the Board grant the use of variance.

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Thank you, David. MI 2021 003 758 4802 Fairmount Avenue, I vote yes.

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Carol Tineri, my vote is yes. James Snell, yes. Thomas Holliman, my vote is yes.

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Thank you very much. Tanya 13, have we taken care of that yet?

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Yes, Chair Martial Woods is prepared to go forward, if you will allow, and the staff and promoter.

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Thank you.

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MI 2021-002714, 4938 B Street, Marita Woods.

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Support letter from the 42nd Ward RCO.

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Councilwoman Sanchez, letter of non-opposition.

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Ms. Woods, please raise your hand.

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Ms. Woods, I'm trying to promote you to panelists and it said you declined.

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Please accept it.

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Thank you.

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Hello.

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Hi.

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Ms. Woods, could you state your name and spell it for the court reporter?

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yes martia woods m-a-r-t-i-a woods w-o-o-d-s right you swear a firm to tell the truth the

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whole truth and nothing but the truth yes thank you our our vice chair has a few questions for

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you carol hi yes have you submitted in an exhibit packet proof of ownership tax compliance refusal

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or referral photos and plans of your property five days in advance of this hearing yes and

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have you met with the rco and do you have a letter yes okay you may proceed um good afternoon mr

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chairman and members of the board um this is martia woods i'm presenting myself representing

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myself for the property of 4938 B Street. May I exhibit my package? You most certainly can. Okay.

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I have

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my

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is this

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are you guys able to see

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no we don't see it yet

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so Ms. Woods

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do you have your documents open up on your desktop

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are you using a computer or tablet? I have it open up on my desktop. So you're going to click

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on the green button at the bottom that says share screen. Okay. And then click on your documents and

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it should open up to us to view. Okay. Okay. Yes. Perfect. Thank you. Okay. Thank you.

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um as stated miss woods before you proceed there's a lot of people in the audience looking

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on can't you actually open up your screen full page your documents yes we'll maximize it

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okay but just the square at the top right

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I am

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I'm trying to get it to open

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okay hold on

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square at the top right it's a box a square you click on that and it should open it up on the other side

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you click on that and it should open it up on the other side.

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Are you using a Mac computer? Yes. I haven't used one in a while, but does the green

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on your left do it? Let me see. Yeah, I think enter full screen. Okay. Okay. How about me?

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that works you can just continue

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okay so as you see this was my um refusal for my request

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for to turn my one dwelling home into a two dwelling home i'm requesting a variance

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And one second, my next, my next would be,

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this is my meeting summary form

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this will be my meeting summary form

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Okay.

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My project form and project information form.

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my department of revenue tax form

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this is my appeals application oh hold on let me try to

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This is my

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This is my deed to my home, okay, this was my appeals from the ROC.

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Oh, I'm sorry.

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Okay, this is my

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I apologize for my time.

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This is my appeals, my amended support from the RCO.

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This is proof, postage of the property at 4938 B Street with the zoning in the window areas.

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This is proof, postage.

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And I would like to show the pictures of

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It is a one-bedroom with a studio base area.

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this is this is the i apologize this is this is the

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This is the whole house at the corner of 4938 B Street with the blue awning.

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This is where the one-bedroom apartment will be.

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And on the other side where the brown door entrance, that is the area that I live in.

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And now I can show you my floor plan.

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were you able to see that then we were we were okay

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and this is a floor plan for the property where i live now

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this is connected this is connected to this is connected to the apartment

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the first floor. Hold on one second. Let me, yeah. This is, this is the area where I live

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at now. This hallway, I apologize for the background noise. This hallway is what separates

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the apartment space okay this area is the one bedroom apartment from 49 38 b street at the

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corner, this is the front entrance where that blue siding that you said.

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Right. Okay. You will come in this front door. This is the space, the living room space.

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This is the kitchen. This area here is the one bedroom. On the opposite side of the kitchen

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is the bathroom. And this would be the hallway towards the basement.

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There are two exits through the basement, I have an egress door and through the front

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door that you did see, so let me bring that up.

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Okay, I have more pictures to show display.

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This is the studio space that I just got finished discussing.

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In this area, that's going towards the first bedroom, the one bedroom, and this area is where the bathroom is.

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This shows my fire alarm system.

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In this area, this is in that front.

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First, space, and let me see.

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Okay, I'm trying to show you as many pictures as I possibly can, Mr. Chair, we do have-

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Ms. Woods, I would say this is a corner property, right?

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Yes.

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Okay, thank you.

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Board, do you have any questions?

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no mr chairman no sir oh and we do have non-opposition letter and a letter of support

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from the council anybody in the virtual audience have a question

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chair i see no hands at this time thank you very much planning commission

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good afternoon david effecto city planning commission mr chairman members of the board

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the comprehensive plan recommends no change in the single family residential zoning at this location

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However, the zoning file shows that the property has been used as a single-family home with a daycare.

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We believe that converting the building back into a single-family home would present a hardship for the applicant.

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We recommend that the Board approve the requested use variance for two residential units.

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Very much. MI-2021-002714-4938 B Street, I vote yes.

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Carol Tenere, my vote is yes.

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James Snell my vote is yes. Thomas Solomon my vote is yes. Thank you very much ma'am.

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Thank you very much.

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2021-003752-739 North Capitol Street. RCO Francifield letter of support with provisos.

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Vern Anastasio.

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Mr. Anastasio is coming back in as a panelist now, Chair.

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Sir?

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Hello, Mr. Chairman.

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Yep.

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State your name one more time and you've been sworn, so you can start.

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Thank you, Vern. Anastasio, it's V like Victor, E-R-N like Nancy. Anastasio is A-N-A-S-T-A-S-I-O.

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My apologies, I'm trying to start my video, but it says that I am unable to do so.

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Our vice chair has a few questions for you.

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Thank you.

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Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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I do. There you go. I do, Madam Vice Chair.

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okay and it appears that you've submitted everything as required yes ma'am you do have

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a letter of support which provides us from francisville civic association as well i do i

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just put it up here right now okay so um you may proceed i appreciate that thank you very much

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mr chairman members of the board 739 capitol street was originally heard uh by this board

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and the zoning committee.

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There was a four-family dwelling that was proposed.

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It was approved by the zoning board.

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Council President Darrell Clark then submitted a request for a reconsideration.

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As a result of that request, we re-met with the community

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and came up with a new development plan that the RCO now supports.

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As you can see, in support 16 to zip.

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And it's basically two single-family dwellings.

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It's not showing up for some reason.

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Wonderful.

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Okay.

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But it's two single-family dwellings on the same lot with front-loading garages, and we have met again with the community that I just showed you their letter of support, and Mary Jones, Councilperson Clark's office, is in support of this application as well.

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Mr. Anastasio, this is Sharon. Could you tell me, was this revised plan, which is significantly different than the original proposal, was it reviewed by L&I as an amended application?

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It was reviewed by L&I, and there was a completely new refusal.

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Thank you.

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That's correct, which you have.

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And for whatever reason, either it's the memory on my computer, or for some other reason, all of my pages are blank.

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Thank you.

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And for whatever reason, either it's the memory on my computer or for...

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I do believe my law partner is on the line who might be able to share it for us.

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I had this problem last week as well, and my apologies.

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And when you have the technical issue worked out, I have one more question.

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Go ahead. Yep, I just texted the Attorney Cook, so he should be able to share this if I can't.

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I'm not quite sure why I can't. Mr. Anastasia, this is Pauline from IT.

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Do you have many other applications running in the background?

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no i have nothing running in the background you could try possibly just closing the pdf which i'm

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sure you've tried before but you could try it again and reopening and see if that helps in the

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meantime thank you i will i'm going to try this one more time

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you can also try turning off your video but keeping your sound on and then just sharing your screen

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i don't mind that i don't mind doing that turning off my video you said okay that's fine and

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let's try this

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is that working any better yes it's up okay great it's up okay great so the property

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in question is is uh on this you know right here on this block uh we're looking at uh

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two single family homes with front loading garages

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this is the uh the actual uh the frontage and then we have

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and this design what as it was as a result of a negotiated

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accord between the both the rco near neighbors and the developer again this was approved for

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a four-family dwelling uh council member clark asked for a reconsideration as a result we

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worked out an agreement where we would put two single family homes on the lot with the front

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front garages, as you can see here.

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This is a refusal from August, where we were refused for the accessory parking, in addition

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to the minimum lot size and the minimum open area although they were relatively negligible

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the bigger the bigger refusal was the front loading garages

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we met with the neighbors almost unanimous in support

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