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Hearing video

ZBA Hearing - December 10, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 10, 20256h 33m

Andrea Solomon is the attorney

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i can't we're sorry we uh kept you here as long as we have and um could you please state your

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name and spell it for the stenographer that's okay chairman it's even though it's dark it's

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still the afternoon andrea solomon a-n-d-r-e-a s-a-l-o-m-o-n right do you swear or affirm to

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tell the truth the whole truth nothing but the truth i do could you identify your client in

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relationship to the property yes my client is the owner of the property philadelphia suburban

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development corporation with me today is john peruto the vice president and our we have a

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letter of support from swamp poodle neighborhood parcels association and also a letter non-opposition

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from council member young our vice chair has a few questions good afternoon have you submitted

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your documents and exhibits five days in advance of this hearing yes with the exception of the

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letters of support. We received the letter of support from Swampoodle today, and the coordinating

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RCO actually submitted their letter to us, also a letter of support, on Monday, late Monday night.

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I didn't hear that as part of the, what Chairman Bergman stated you received, but I have it as part

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of our exhibit package. Okay, okay, and do you waive the reading of the refusal and stipulate

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to its accuracy? Yes. Okay, thank you. You can share your screen and proceed with your case.

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okay um this application is for the establishment of a unity of use of two abutting lots uh 1412

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to 22 west lehigh ave and 1424 to 40 west lehigh ave and a special exception approval for the use

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the proposed use is non-accessory parking for 70 spaces as we discussed we received a letter of

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support from the swamp poodle neighborhood parcels association it is in support they requested three

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provisos which i can go through quickly but there won't be any trash and recycling stored within

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the property there will be maintenance done periodically but nothing will be stored there

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there's also no bicycle parking as part of this proposal

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and the landscaping is already provided for and in conformance with the code

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we also received a letter of support

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from the all in the family group they also had a proviso that we did discuss security

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from the all in the family group um they also had

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issues at the community meeting they requested we implement security cameras those are not part of

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what is planned they're not part of the zoning nor we think enforceable but the property owners

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also own the parking lot across the street there have not been any security concerns and

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as we'll testify this parking is only daytime parking it'll be um operated and if the security

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concerns come up uh it will be reassessed but at this time no security cameras will be part of it

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uh the lot is split zoned most primarily cmx2 that's why we require the special exception

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approval for the non-accessory parking this is an aerial image of the site the two lots are

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currently vacant and so we'll just be bringing them to a better higher use with the proposed

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parking which is also a critical concern and parking availability was something that

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the RCO agreed is needed in this neighborhood existing photos of the of the two lots

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this is from lehigh avenue and this one is from 15th street

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this is the proposed plans i'll try to zoom in here

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70 spaces including the required ada spaces

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this is the circulation plan

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and the landscaping plan which has been approved by planning

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as i mentioned the referral letter we're seeking the special exception for the parking

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and we have as part of the exhibit package the application for appeal the project information

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form, the RCO notice and certificate of mailing, the notice and the posting photos on all street

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frontages of the two lots the ownership documentation

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and proof of no outstanding taxes these are the ones that are due for 2026 which

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haven't come due yet um with that i'll ask that john b sworn in come on up when they come up

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could you please state your name and spell for the sonographer

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john peruto j-o-h-n-p-e-r-u-t-o do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do counsel john you saw my presentation in its entirety

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and it's true and correct to the best of your knowledge yes it is

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and do you adopt it as your own testimony yes i do thank you questions from the board

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yes is this utilizing an existing curb cut to allow cars to turn in and park that let me

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move to the plans but it did go through streets already and i do believe it's existing curb cuts

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is that correct it is i don't think we changed anything yeah yeah there's the existing curb cut

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on 15th street and

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can we do something for you a couple years ago it's a gas coffee shop it was a starbucks

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starbucks right is that there now no starbucks unfortunately yeah i remember doing that you

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starbucks right there is that right okay and then i think my follow-up question is i know

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you said that it's no overnight parking is the intent that this is going to be like a parking

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ride. Cause I know that you do have the regional rail and you have the Amtrak stations, not too

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far from there or. No, this is actually private parking for our commercial office and social

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service tenants in our existing buildings nearby. Okay. The building across the street

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yours too, right? Correct. Well, um, the one catty corner, catty corner. Yes. Yes. The

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the plan it doesn't look like there's

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anything barring people

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from parking here when your office is closed

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well the gates will be locked

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gates will be locked at night

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all my questions

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is there any landscaping

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okay is there any uh landscaping uh any kind of beautification plan for the area

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or any kind of beautification plan for the area

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yes those are part of the exhibit package and uh they were approved by the by planning already

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yes

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so that includes the dry vials and the correct okay and what did you say this was supposed to be

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this parking was for again for commercial office and social service tenants that we

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have in our office building caddy corner to the property okay all right and 70 spaces correct

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okay thank you questions from our attorney

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not at this time mr chair questions from the virtual audience

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see no hands share planning commission sorry i did have one comment um if your exhibit packet

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that you showed was updated from what we

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have most recently in the upload tool so if you could

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please upload

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what you showed the board today by close

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business tomorrow that would be greatly sure to include

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the letters of support right yes

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thank you very much

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planning commission

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Amy Boyd with the

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planning commission the comprehensive plan recommends

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a change in zoning at this location

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from the current CMX2 commercial

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mixed use to CMX3

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the proposed use is allowed under special

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exception in the current and recommended zoning districts. The appellant has shown that the

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proposed use will not cause detrimental impacts beyond what would reasonably be expected.

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The Planning Commission recommends that the board grant the requested special exception for

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non-accessory parking. Thank you. MI-2025-004-696-1412-22 West Lehigh Avenue. I vote yes.

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Michael Johns. My vote is yes. Cheryl Gaston. My vote is yes. Tanetta Graham. My vote is yes.

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Ryan McAdams, my vote is yes.

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Ellen, my vote is yes.

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Thank you very much.

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Thank you, everyone.

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All right.

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All right.

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All right.

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What do you do, Ellen?

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Are you okay?

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Do one more.

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I know we'll take a break.

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All right.

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Ellen?

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We'll do one more.

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Thank you.

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so mi 2025 004 427 9231 convent street alan knockamson is the attorney there's a letter of

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non-opposition no position from northeast community civic alliance also the applicant

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has three forms of letters, two from neighbors to the block.

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Could you, just for the record, state

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your name, because you've already been sworn. You were here a long time this morning.

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Oh, no, it was the afternoon. I'm sorry. It feels like it was the morning. Okay.

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Alan Ockamson. Mr. Ockamson, could

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you identify your client, their relationship to this property? My left is

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Eberton Garcia. Okay. Our

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Our vice chair has a few questions for you.

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Good afternoon.

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Have you mailed your documents and exhibits five days in advance of this hearing?

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I've downloaded them.

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I was like, I'm going to go old school.

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And do you waive the refusal and stipulate to its accuracy?

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I do.

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All right, thank you.

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You can proceed with your case.

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Thank you.

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All right, let's do this.

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Let's see.

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I will try to make it as brief as possible.

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Okay.

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oh okay look at that we're staring at alan there i know that i i jumped i hit the wrong button

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all right um here we go uh so this is my client uh everton uh he's not a developer

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this is his home he uh got building permits you know for this he got a co he um and we'll

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go through the presentation he put like basically a trellis on the top here I'll just go show you

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the picture let's see here's a picture where's the trellis picture I feel like oh here is what

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he did or what he wanted to do and when he was getting his co the inspector was like well I'm

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going to give you the seal for all your permits you really need to go back and supplement this

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because this is going to require an additional permit so that's how we got here today let me

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just go now starting forward let me backwards to just our you know the refusal so the refusal is

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this because it's considered a roof like there's a setback requirement and the setback requirement

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is 25 feet we propose four feet we have updated our drawing since then uh to kind of set back

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or give more depth to uh you know that trellis where it's now i believe 17.

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to that trellis, where it's now, I believe, 17 feet of a setback.

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So much closer to our house, further away to neighbors.

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My understanding is that the people behind me are the neighbors to left and right

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who are supportive of this project.

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There are some issues with the people in the back,

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but again, I think they have more issues in terms of the deck itself,

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which is legal as of right.

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So we met with the community.

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they originally my office said there was a letter of non-opposition when i read it was a letter of

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no position so i just wanted to be accurate but it was so i would say to mr goldberg i asked him

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so how how the meeting go and he said well pretty much it was good people rose to raise their hands

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in support i think the letter does not accurately state that there were more people that raised

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their hands in support than they were not in uh support um again really the people who were not

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in support with the people in the back and i think they had more concerns with just the deck in

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general which is legal under the code and the code provision here and actually probably should he i

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printed it out i don't actually have the code provision like the actual citation but i i printed

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out the page it should have the whole section but it is legal at least according to what we reviewed

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So, again, in response to what the people behind us, not behind me, those people in support, but behind us physically had issues with just the trellis essentially going too close to their property line, we agreed that we were going to make the setback even further, which, again, we didn't have to, but we want to show that at least we're trying to make a compromise here.

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So if the board feels so inclined to grant the variance request, the setback would go from 4 feet from the rear to 17 feet from the rear, which, again, goes closer to the conformity of the code.

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Let's see.

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Another thing to note is that we have letters of support from these two neighbors physically behind me right now.

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um i did provide the zoning permit showing that what we did this renovation was all legal and i

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also took a screenshot this morning to show like and i assume the word complete means that they're

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closed out and complete you know so you have a zoning permit a building permit a plumbing permit

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of some mechanical fuel gas permit and electrical permit all closed out legally again it was a

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surprise you know to um everton you know that he needed a permit for the trellis and that's what

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we're trying to do here today and then aerial views of the property so again we're required

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to have a setback of 25 feet the people that behind us i was like well they look a little

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bit close to us so i know the code is constantly changing it's organic they're they're this is

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their setback 16.3 feet 22.41 21.8 so they're non-conforming properties too you know we are

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conforming in in this uh in this you know right now our building structure in our deck we're just

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adding that trellis which is considered a roof according to the philadelphia zoning code and

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then maps of the area we're single family house he's living there and then photographs of the

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property proof of posting uh cup convent which i get from google street view to the right of

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the property to the left of the property and then um i i'll ask uh everton if this is current photos

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or not so we'll find out um but again this deck is legal because it's the same height as the first

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floor that makes it legal because i had a question i was like wow that's pretty close you know to the

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the fence now the other thing about the fence is that everton actually put the fence within his

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property line he didn't put it at the property line so this fence is five feet closer to his

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property line. So he conceded five feet away. So just put that in perspective. And this is the

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revised drawings, which shows, again, we're going to be seven, we're going to have a rear yard setback

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of 17 feet. And I don't know if there's anything that's worthwhile here. Oh, this is basically

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showing that how we put our fence five feet into our property so just you know again it was

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important to kind of give some breathing room also for us in a way

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now rco meeting notice proof of mailing of that notice our application for appeal

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deeds of property showing that everton owns it and certificate of tax clearance with that being

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said i would just ask that everton be sworn in i am could you please state your name and spell

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for the stenographer it's everton garcia e is an echo w is whiskey is an echo r is romeo t is a

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E is an echo, W is whiskey, E is an echo, R is Romeo, T is a tangle, O is an Oscar, N is November, G is golf, A is an alpha, R is Romeo, C is a Charlie, I is India, A is an alpha.

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Tango was an awesome.

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