civus
Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

Thank you.

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Okay, Chair, we have 37 attendees and we can start as you wish.

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We're ready to go.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's EPA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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And our Board Member, James Snell.

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Present, Chair.

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Also present is Hilary Emerson, our attorney.

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and our Executive Director, Tanya Sunkit.

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Here's our virtual format.

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Be advised, the proceedings are being recorded.

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The video will be available by contacting

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tanyasunkit at phila.gov.

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For the benefit of our court stenographer,

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we ask attorneys and witnesses

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to identify themselves before testifying.

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If you're participating by phone,

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if you wish to testify,

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press star nine to raise your hand

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and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

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and the address of the property in question. And finally, the question answer box on the screen

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is not for comments or testimony. All comments should be directed to our executive director,

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Tanya Sumpir. Let's look at our continuances for today. Number four, MI 2022-005-219-4212

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Parkside Avenue. This case is a continued attorney moving party. Number 15,

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M.I. 2022-006-979-2151 East Sargent Street. Cases continued, attorney moving party.

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And number 16, MI 2022-006-822-2521 Jefferson Street. This case is continued. Are there any

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comments relative to the three cases I just read? Good morning, Chair. This is Javette Benton. I'll

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be your co-host today. I see no hands at this time. Are there any other requests for continuing?

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i see no hands at this time chair thank you so i have a few cases i'm going to call out that we

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do not have documents or exhibits number one mi 2022 006 882 1545 jefferson street

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we have no exhibits this is the first listing sherman toppett is the attorney

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I see no hands at this time, Chair.

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Thank you. So MI-2022-006-882-1545 Chess Jefferson Street, that case is continued. Mark must be tried.

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Okay. Number three, MI 2022-006-880-2219 Sigel Street. Newman Investing is the listed owner. No exhibits. First listing.

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I see no hands at this time, Chair.

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Okay, so MI-2022-006-880-2219 Single Street, cases continued, mark must be tried.

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Number five, MI-2022-006-746-226 Rittner Street.

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J.G. Premier Homes is the listed owner, no exhibits, first listing.

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No exhibits, first listing.

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Thank you.

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I see no heads at this time, Chair.

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Number five, MI 2022-006-746-226 Ritten Street.

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Cases continued.

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Mark must be tried.

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And number eight, MI 2022-006-757-1134 Waverly Street.

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Diane Walsh is the listed owner. No exhibits first listing.

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I see no handshare.

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So MI 2022-006-757-1134 Waverhill Street, number 2R.

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Cases continued. Mark must be tried.

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We're going to go to our add-on list for today.

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Number one, MI 2021-003-722-1901, West Westmoreland Street. We're re-voting this with a corrected proviso.

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I vote yes, provisos. Revised plan, two pages, stamped by ZBA on May 3rd, 2023. Approved use

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is adult care on the first floor with multifamily household living above.

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Thomas Solomon, my vote is yes, with provisos. James Snell, my vote is yes, with provisos.

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Ishmael Shaheed, my vote is yes with proviso.

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Number two, MI 2021-003-767-2622 East Allegheny Avenue, my vote is yes with proviso, per amended

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refusal dated 4-26-23.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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Thank you. We're going to go to our regular list. Number 12.

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MI 2022-006-922-557 Parker Avenue. Number A, Chanel Peterson is the owner.

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This application is for the erection of the tax structure to an existing single-family household living, size and location per plan.

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An accessory structure for residential use shall not exceed 130 square feet and shall not exceed 15 foot in height, whereas the proposed structure is 160 square feet.

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Chanel Peterson.

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Ms. Peterson, can you raise your virtual hand?

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She's coming back in as a panelist now, Chair.

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Okay, I think you can hear me.

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I'm here.

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Good morning.

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

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Sure.

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Let me figure this out.

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I'm sorry, I don't do many of you.

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All right.

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Okay.

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there you go

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there you go

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very good

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could you state your name

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please

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and spell for the court reporter

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it's Chanel N. Peterson

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C-H-A-N-E-L

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middle initials

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N

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last name is

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P-E-T-E-R-S-O-N

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my former name is Brodus

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which is what's on the records

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B-R-O-A-D-U-S

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okay

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do you swear or affirm

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to tell the truth

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the whole truth

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and nothing but the truth

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I do

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okay

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our vice chair

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has just a few questions for you

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okay

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mm-hmm

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Good morning, Ms. Peterson. Have you emailed in all the required documents that are needed to proceed with this case five days in advance of this hearing?

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I did.

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Thank you. Please proceed and share your screen.

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Ms. Peterson, do you have a letter from the RCO?

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They said they were sending it to you.

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Okay, thank you.

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And when did you check with them?

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um we had our our here our meeting or whatever in january and that's the last we spoke all right

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and you don't have the vote went in favor of me they said yes okay good proceed thank you

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share your screen okay what am i sharing on my screen exactly all your documents okay all right

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uh let me sorry let me see if i can't and yeah so i would if you would why don't you start with

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you have any photos sure uh why don't you show us some photos okay so do you want to

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sure uh let me show some photos okay so do you want to see where the space where the shed would

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go sure okay um hold on so that's the can you see it yeah we can okay so that's the rear so

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in front of the fence in the back where it would go the tree may have to be removed right um but

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that's it. What else do you need to see? What else would you like to see? The photos. Okay, so

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there's more of the where that's just facing the house.

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That's the side of the house. I'm sorry. We need photos, ma'am.

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It's not coming up. Oh, okay. Could you take this down off the screen

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and then re-click on your actual photo so we can see those things thank you kindly okay you're so

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okay i'm trying sorry we're still looking at the drawing that you oh i'm sorry okay i thought you

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could see everything all right can you see that we just see the drawing oh wow okay let me let me

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start this sharing over again stop share there okay okay now share screen let me see if i can't

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share this now can you see this picture okay that's the side of the house right so let me

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show you let me try to get to the back um take your time i'm sorry i just don't do these very

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often at all. So it's a struggle for me a little bit. Um, show us a photo of the backyard. Yeah,

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that's what I'm, that's what I'm pulling up now. So now I'm going to share that one.

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There's a share, share screen. Okay. And the backyard. There we go. I can see it now. Okay.

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All right. So explain to us what you're doing. Why are you doing this?

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I'm putting a shed in the yard. I was trying to maximize the space, you know, because they cost so much money.

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I would like to get, you know, the biggest space possible that would suit my needs.

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I am working from home now. I have a growing family, a granddaughter, children, all that.

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And so I need a place where I can go and sit down and do my work.

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I work for PGW. And so I am working from home a few days, well, four days a week, as well as we

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just need extra space for storage. So the thought process was for me to put a shed back there that

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I could kind of work out of and store some things in. The shed that you want to use is a little bit

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bigger than what you're supposed to. Is that right? So I think the rules are that you can

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have 130 square feet and i wanted to get 160. okay all right thank you um questions from the board

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no mr chairman

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so is the 130 yes i have a question so it's 130 feet is it deep or wide

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uh it would be wide it's 10 it would be 10 by 13 and i want 10 by 16. 16.

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all right no further questions so it would fit nicely like kind of like in the middle of that

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backspace by the back thank you thank you uh understood any other questions on the board

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questions or comments for in the virtual audience

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i see no hands at this time chair planning commission good morning chair bergman david

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effecto F-E-C-T-E-A-U with the City Planning Commission. Do you swear or affirm to tell the

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truth, the whole truth, and nothing but the truth? Yes, sir, I do. Proceed. Thank you, sir. Mr. Chairman

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and members of the board, the comprehensive plan recommends no change to the residential single

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family zoning at this location. The proposed dimensional variance for an accessory structure

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will not impair the use of adjacent properties, and so the City Planning Commission recommends

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of the board grant the dimensional variance. Thank you. MI-2022-006-922-557, Parker,

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number A, I vote yes. Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes. You have your three votes, ma'am. Okay, thank you. Okay. I can

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get off. Thank you. Thank you for your present. You can get off. Thank you. Thank you. Bye.

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We're going to move to

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number two. MI 2022 00686

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MI-2022-006-868-212 East Price Street.

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Lee Elsie is the attorney for the owner.

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Letter support from the Faith CDC.

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Attorney Elsie is coming back in as a panelist now, Chair.

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Okay, thank you.

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Good morning, Mr. Elsie.

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can you state your name, please, and spell for the court reporter? Yes, Lee Elsie, L-E-E-E-L-S-E-Y.

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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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I do. Could you identify your client in relationship to this property?

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Yes, I am attorney as well as architect on this project. My client is Mr. Mitchell Causey. I

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believe he is on the meeting although i do not see him at the moment okay our vice chair has

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just a few questions for you counsel do you agree to waive the reading of the refusal and stipulate

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to his accuracy i do have you emailed in all the required documents to proceed to proceed

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with this case five days in advance of this hearing?

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I have.

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Thank you.

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Please proceed and share your screen.

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And Mr. Elsie, if I could just interject a thought,

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your client is online, so you can proceed as you wish,

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and as you need them, you can let us go.

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Thank you.

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we're looking at 212 east price street here currently a vacant lot you can see this red

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arrow is highlighting partially behind the van an area that was demolished let me move into some

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aerial views here is a locating us with some zoning you see 212 east price street here with

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the red dot running street to street fronting on Price Street with a rear frontage on Stafford

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Street or RSA 3 zoning. We've got some CMX 2.5 as well as a little bit of RSA 5 across the rear

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as well as more RSA 3 and RSA 5 across Stafford, sorry, across Price Street. Here's an aerial

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showing the previous structure that did exist on the site when my client purchased it.

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Here's a picture of the existing building that was on the site when he built it.

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His intention was to rehab this existing building.

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And you can see that the rest of this is also the lot.

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But it was condemned by the city.

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There wasn't too much he could do to restore it.

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and as of such he raised it. Here are some current pictures of the site. Again here you can see

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kind of the same picture as the cover. You'll notice this is Price Street if you can see where

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my little hand is moving. As you move across the site from Price Street through to the rear

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there's kind of a significant drop in elevation to a point where the townhome on the rear

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It's almost, you know, an entire story down from the first story on Price Street.

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And the existing rear includes this masonry wall.

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