civus
Hearing video

ZBA Hearing - October 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 15, 20255h 11m

you're going to need to have that

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and I'm not seeing that on these plans

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and that's of concern.

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Muy bien, sí, entonces mire, y aquí

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estoy hablando porque yo trabajé en el Departamento de Salud

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por mucho tiempo, pero va a necesitar

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diferentes tipos de equipo, como por

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ejemplo el lavaplatos, que ese sería un

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lavaplatos del estilo comercial, y eso no

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lo veo como está dentro de los planos,

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porque no es establecido dentro de los

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planos. Entonces sí es un poquito

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difícil si va a tener máquinas, se va a

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necesitar ventilación, entonces sí es

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It's hard to visualize it, because it's not in the plan.

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And that's what I'm worried about a little bit.

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In fact, I have another business that sells food.

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So, we have to have, as she said, to have to have the dishes,

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we have to have to have something to do with the water,

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to have the water, to have other things that need to be done for labor.

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Yeah. So as a matter of fact, I have another business and that sells food.

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And yes, I know that we're going to need a dishwasher place, you know, the place where you could drain the water appropriately, a place where you would wash the mops and other stuff.

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The hand washing sink.

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Yes.

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Can we go back to your plans?

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Can we go back to your plans, please?

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Go quick.

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Rapidito.

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The far left.

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Is that the first or second floor?

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La parte izquierda.

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El extremo izquierdo.

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Interpreted.

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Could you repeat that?

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You said the far left.

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Is that the far left?

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Is that the second floor?

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Is this the second floor?

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Yes.

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This one?

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Yes.

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The food prep is going to be on the second floor

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with a family dwelling behind it?

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No.

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The plan on the far left

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is the roof plan.

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It's basically the site plan.

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That's all that is.

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I was just a little confused.

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With the hot and cold prep.

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That's just like the prep.

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No, eso lo mete solo en los planos del segundo piso.

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No es nada de eso.

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Ah, ya entendí.

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Okay.

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Thank you.

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Gracias.

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I just have one question.

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Go ahead, Michael.

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Is the refusal incorrect?

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Because the refusal says of foods, retail sales, beverages, and grocery.

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But there's no grocery here.

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Sí, porque quería saber si el rechazo estaba incorrecto, porque dice acá que es una venta al pormenor de alimentos, bebidas y otros productos, pero no veo los otros productos.

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Eso vienen siendo las papitas, cositas como papitas y también jugos. Eso viene siendo más o menos el grocery.

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So the groceries would be like the chips, like the juice.

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it's so the groceries would be like the chips uh like the juices and things like that juice boxes

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things like that or fruits things like that so are you so are there are the things that you're

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selling that like grocery items are those things to go with the food that you're cooking

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ahora las cosas que va a vender como los otros productos que va a estar vendiendo las frutas

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y los chips y los papitas

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y todo eso. ¿Eso es para acompañar

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con la comida que usted va a estar

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vendiendo?

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¿Cómo

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quien dice? Sí.

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Muchas veces, también por

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aquí, por el área, hay muchos

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niños que le gustan

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comprar papitas,

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otras personas que le gustan comprar

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frutas, que no quieren

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comer algo porque ahora mismo no se sienten

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por comer sándwich o cosas

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Yeah. I mean, the thing is that in the area, there are a lot of kids, for example, that just

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want to buy the chips or maybe people that don't want to buy like a sandwich. They just want

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something like a fruit or something like that. Okay. So I'm a little concerned that the use

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category here is not correct. I think this is more of, it sounds like this is more of a takeout

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restaurant as opposed to a grocery store. I don't see aisles where regular groceries are being

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sold, just items that you would see at a typical takeout restaurant that are sold to go with your

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meal. Y que me parece que me parece aquí de que la categoría no está correctamente utilizado

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porque no es como una tienda en sí donde porque no veo no veo pasillos no veo nada es donde la

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gente va y elige lo que quiere llevar, sino que son

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como artículos que la gente,

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es más, me parece como un restaurante para

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llevar.

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Dile que quiera en un segundito.

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El de mi huaseca.

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Además, un momento.

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do you see the refusal

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right i see that's what the refusal says and i see that's what was put on your application

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but that doesn't mean that that's the actual use that that you're asking for it appears that

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the wrong use may have been requested and so ellen i put the use you requested on the refusal

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but that that really isn't what you're doing at the property it sounds like the main focus

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is cooking or preparing different types of meals and sandwiches for people and if that's the case

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that is a restaurant not a grocery store.

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yes like it says here it says more here like half food right so you you can sell as you can sell

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hot foods as part of a grocery store but it can only be a small portion of it if it's more than

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a certain percent and i'd have to ask what percent but if it's more than a certain percent then it is

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considered a takeout restaurant and not a grocery store si es correcto usted puede ponerlo puede

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venderlo en una tienda en una tienda en sí lo puede vender sin embargo eso solamente puede ser

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como una pequeña porción pero cuando es mayor de esa porción entonces en ese caso ya se consigue

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tengo que preguntarle el qué porción es pero en ese caso si es un mayor de esa porción ya se

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considera, tendría que colocarlo como un restaurante

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en sí.

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Sí, yo creo que lo que tiene que hacer

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primero es, lo siguiente

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que tiene que hacer en este momento es

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ingresar una

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carta donde

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se haga una enmienda al rechazo

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yo no frente frente fili latin 6 que

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you know uh frente a frente philly latin 6

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que es el restaurante que está es grocery

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en restaurant que está frente a frente al negocio

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es más o menos así

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yeah so the the so the store that's right across

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that's right in front of right across the business

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it's more or less like this

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pero no venden sandwich

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ellos solo venden aquí se vende

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yeah but i i don't i don't know that that we we still have to have this one straight so

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uh we want to see what if there's any comments from the audience or

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where do i need to send the amended letter for the amended refusal letter

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we will provide you the email addresses in the chat

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and hillary will have a resumptive hearing with to put this or do we want to go to the audience

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the virtual audience

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we can do a resumptive hearing yes i think that would be the most appropriate in this case

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All right, so she'll take care of the letter, things of that nature. We're going to have schedule a resumptive hearing, and that will be on 1 13 26 at 9 30 a.m.

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Muy bien, entonces vamos, le vamos a mandar la carta. Vamos a volver con eso. Vamos a hacer una reunión de revisión y esa reunión de revisión va a ser en el 1 de enero 13 del 2026 a las 9 y 30 de la mañana.

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Okay, I have some updated drawings, I mean some clearer, you know what I mean, drawings, I don't know we can ask for that.

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So I think what you need to do is you have to put on the drawings what you intend to do there.

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And the architect will know how to do that.

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And the architect will know how to do that.

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okay interpreter thank you very much we appreciate your time and uh thank you for sitting through

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the fire drill and everything else and uh we'll we'll see you uh shortly thank you

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we're going to move to number seven mi2025 000025 6617 algard street kevin valentine is the attorney

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good morning commissioners good morning good morning morning pull that closer to you

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it'll come right up to you right hi could you please state your name and spell it for the

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stenographer kevin k-e-v-i-n valentine v-a-l-e-n-t-i-n-e attorney for the property owner

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wang maizian right do you swear or affirm to tell the truth the whole truth and nothing but the

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truth i do our board secretary cheryl l gaston has a few questions for you uh good morning council

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did you submit your documents uh for this hearing five days in advance

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and uh do you waive the reading of the refusal and stipulate to its accuracy

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thank you yes you may proceed and share your screen

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Well, I'll get to my narrative initially.

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My client is trying to erect a pergola in her front yard, and she's seeking a variant

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from Zoning Regulation 14701 that stipulates that any structure for an RSA-5 property,

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the setback for that structure be no longer or shorter than setbacks on the immediately

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adjacent properties. The issue here is that there are no pergolas on the immediately adjacent

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properties however there are a number of pergolas in the um surrounding blocks one on that block

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and one on the surround two on the surrounding blocks that have no adjacent pergolas

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so now and as you as you start as you make your presentation we we've had some comments this

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morning as we've started to look at the case that we have two different there's a photograph that

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That is a just a fence.

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a fence and then we see a photograph where it's behind a large

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And then we see a photograph where it's behind a large.

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bamboo fence. As you make your presentation

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just try to explain this. Okay, I'm just going to try to pull up what

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you said there was a photograph

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with... Yes, so when you had

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submitted some documents initially when this case was listed

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there was photos of the pergola already built

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and a three-foot chain-link fence around it,

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which was consistent with the plans.

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The photos that were submitted for today

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show about a six-foot-plus opaque bamboo fence

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around the pergola, so you can't even see the pergola.

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And that was not in the plans,

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and that was not included in the scope of work here.

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So that is something that would need to be addressed separately.

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I think, yeah, I think that the bamboo fence was put up because the owner didn't want the construction of the pergola to be like a distraction to the neighborhood.

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So that was just something that they temporarily put up.

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The chain link fence still exists directly behind that bamboo encasing.

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Yeah, but all the pictures that were submitted just showed that fence, not what was behind the fence for today's hearing.

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So that's why it was a bit confusing.

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It looked like they had added a fence because the prior pictures showed the pergola already built as well as the chain link fence.

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The pergola has been erected.

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The chain link fence is there.

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As I said, that bamboo fencing was a temporary thing just so when they have their workers coming in that it wouldn't disturb onto the street.

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But it looked like it was put up after the pergola was built.

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that's that was the confusing thing so i don't understand why it's why it's addressing

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if it's a construction thing because it's our it's already been built you just leave it on

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just leave it on okay all right great great great the um why don't you start showing your photos

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okay all right have that discussion while we're doing okay

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This is the, oh, you can't see that.

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I can see it on my screen.

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I'm trying to get it to yours.

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No.

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All right, okay, let's see.

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Screen button, bottom of the screen.

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