civus
Hearing video

ZBA Hearing - November 16, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20215h 16m

Good.

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Thank you.

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Good afternoon, Mr. Chair and members of the board.

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This concerns 2006 Pemberton Street.

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On the call with me is Stanton Kuklik, who is the owner as well as the architect, Julie

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Moll.

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This is my table of contents containing exhibits AA through A10, and I'll walk through these.

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appearance statement.

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This is the refusal. It's a pretty straightforward matter, basically. My client is the owner of a

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two-story home on the 200 block of Pemberton Street. He's going to put a third floor on his

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home, and the second and third floor are going to impinge a little bit on the rear yard so that the

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required 75% open lot area is going to be reduced to actually 80% because we actually

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expanded the building beyond the 78%. So we still have the same size rear yard and I'll show you in

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the photographs that the rear yard has not changed, simply the building above it, cantilevers over the

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yard and we did that so we could match the depth of the newly constructed house next door.

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We have a letter of support from Sazna.

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They explain what we presented, which I will explain to the board.

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And the vote was nine, support, and no opposition whatsoever.

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This is an existing property under construction, which I was before the board.

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This is an existing property under construction, which I was before the board on about a year and a half ago.

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We got approvals for this.

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This is my client's property to the right.

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Right here, we're going to keep the first two floors and add a third floor.

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This is the rear of the property.

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So the second floor will come out beyond the first floor wall by about two feet.

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And then the third floor will match the depth of the second floor.

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This is probably the best picture to give you a feel of what's going to happen.

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So again, the second floor will come out and meet the depth of the house next door, as will the third floor.

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Again, some more perspective shots.

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The rear yard depth will not change whatsoever.

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But because of the cantilever, you can see the house next door is about two feet deeper than our house or my client's house.

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And so just to make for construction ease, we ended up matching the depth of that just on the second and third floor.

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And because of the overhang, the L&I examiner, rightly so, identifies that as a shrinkage of the rear yard when in actuality, the footprint of the rear yard will not change at all.

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Again, just some more perspective photographs to give the board an idea.

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Not that you don't know where Pemberton Street is, but it's in the Graduate Hospital area.

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And these are the plans.

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First of all, we did have some revisions.

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So we have a proviso plan as well as one page.

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And these are numerous plan changes that we made.

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And we've tried to outline them as much as possible.

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And I stand corrected.

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There's two pages of revised plans, A1 and A2.

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Yeah, that's what I have on my notes, two pages.

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Yeah.

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So basically, we changed the mansert roof in the front.

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We didn't get a refusal for that, but since the plans have changed, we did point that out in our proviso form.

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But here's a real key change, Mr. Chairman, is we have cantilevered the rear second and third floor.

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I said two feet by, it's more like three and a half to four feet.

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And again, that will match the depth of the house next door.

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This is the final product of the home.

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We'll have new Manser roof, simulated shingles on the top.

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And the only thing I wanted to point out is we have a tax printout from the City of Philadelphia

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indicating that there are no real estate taxes paid.

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We could not get a certification, but there are no real estate taxes due in any way.

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So that's really it in a nutshell.

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We're increasing the open space.

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It should be 75%.

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We're increasing it by 5% to 80%, and we see that as a de minimis variance request,

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and that is really the only refusal before the board today.

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We have the support of SASNA

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as well as the neighbors on both sides.

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And with that, I rest.

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Do you have a client to adopt your testimony?

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Yes, I do.

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Mr. Kukla, can you raise your hand?

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He was on the call.

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We'll stipulate you being an officer of court,

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your client would have his top.

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sir i'm on can you guys hear me okay good thank you spell your first and last name sir uh first

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name stanton s is in sam t-a-n-t-o-n last name k is in kangaroo u-k-l-i-c-k cookbook you swear

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affirm to tell the truth the whole truth nothing but the truth yes thank you mr clinton good

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afternoon mr cookbook how are you today i'm well thank you for uh everything great uh were you on

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the call and did you hear my testimony yes i did and if you had the opportunity to testify would

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you adopt my testimony as your own and as true and correct absolutely all right thanks a lot

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thank you questions from the board no no anyone else would like to testify in this case please

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raise your hand there are no hints at this time sir thank you planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the rsa 5 single family residential at this

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location we feel the reduction in open space is de minimis accordingly the planning commission

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recommends the board grant the variance thank you thank you peter mi 2021-003-337-2006

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pemberton street my vote is yes with the proviso revised plans two pages approved today

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carol tenere my vote is yes with proviso professor plaza yes with proviso james snell yes with proviso

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Confessor Plaza, yes, with proviso.

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James Snell, yes, with proviso.

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Thank you.

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To the court reporter, we have three, I'm sorry, four cases left.

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And I know Carol is going to be leaving shortly.

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Do you need a break?

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Chair, it's really up to you.

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I can keep going or I can take a break as you wish.

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I don't think there's any, doesn't look anything controversial.

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If it is, we'll stop and give you a break.

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All right.

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Thank you, Chair.

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Thank you.

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So case number six, MI 2021-003-341-2217 Aspen Street.

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Mr. Clinton, you are the attorney of record again.

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There's a letter of non-opposition from Fairmont Civic Association.

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Just identify yourself, Henry, for the record.

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You've already been sworn in, and Ms. Denary will have some questions.

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Thank you, Mr. Chairman.

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Henry Clinton, Queen Memorial Building, 1313 South 33rd Street, Philadelphia PA, 19146.

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Mr. Clinton, do you agree to wave the reading of the refusal and stipulate to its accuracy?

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I do.

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Can I get away with this? Have you emailed the exhibit packet with everything in it that you

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know has to be in it? And have you met with the RCO? And do you have a letter?

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Yes, to all of you, Bob.

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Thank you. You may proceed.

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Thank you.

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This is 2217 Aspen Street.

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The issue before the board today

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concerned two-dimensional variances.

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Table of contents exhibits AA through A10,

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which I will walk through as necessary.

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Appearance statement.

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Here's a refusal.

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So there's two refusals, both as I say, dimensional.

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one is for open space. Again, this is the de minimis issue. The requirement is 80%.

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We're going to occupy 82.5%. Then the other refusal concerns a rear yard depth.

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And as I will show the board as we walk through the presentation,

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we are simply moving the rear yard from the ground grade level to the first floor level,

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and I'll explain why. This is a letter of non-opposition from the Fairmount Civic Association.

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We presented to them, explained the situation, and I'll explain it to the board,

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but they go through pretty meticulously the background, the site, the proposed development,

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and one thing I'd just like to point out to the board, in the letter it says,

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although the majority of the community voted in support of the variance,

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the option of non-opposition was not presented. So this is a letter of non-opposition, but

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the vote was about 80% in favor of this project. We also have an email from Bill Greenlee,

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the Democratic leader in the 15th Ward, supporting the project. So this is an existing project. What

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happened was the builder decided to get a buy-write project on this corner of Kroski and

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Aspen Street. It formerly was six one-story garages. So during the course of constructing

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this building, one of the neighbors who lives in the neighborhood and has several children

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attending the local schools, who is my client, Matt Gorman and his wife, Mr. and Mrs. Gorman,

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walked by the project and said they really liked it and they wanted to buy it. But they wanted to

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buy it and have a another garage door opening at the rear of the property where the yard was

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and instead they're going to move the yard to the second floor living area right off their living

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room because it really doesn't make sense to have a rear yard with children if you're going to have

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a garage here you have to walk through the garage to get to the yard so they're going to put the

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yard outside their living area and I can show you that on the floor plans but one of the concerns

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was at the community group was that the garage was already partially built and that really was

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on the builder he took full responsibility for that and it's really not an issue before the

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board right now but it was a concern and we understand it with the community group

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so i took this picture myself just to show the board that this would would be the yard my client

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had nothing to do obviously with the construction of it and the builder left the existing walls that

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were there he did not put a roof on the garage he was not so presumptuous as to to feel that he

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would get a zoning board approval simply what he did was build i think he put about 22 blocks

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on the front wall of the garage in the hope that this request would be granted

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we also added a pilot house but again that's not before the board it's not part of the refusal

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Again, there's some more pictures of the rear yard, and this is Croskey Street looking north.

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Again, there's some more pictures of the rear yard.

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And this is across.

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Again, picture of the side of the property.

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More pictures showing the zoning notices.

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Here are the plans for the property.

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So basically, this is a buy-write project here.

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Before the board today is we are eliminating the yard, open space, moving it to the first floor, and putting a deck there.

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that's simply the only issue before the board as well as the open space issue but i think that i

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have addressed that by arguing that it's a de minimis 2.5 variance so this is what the property

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used to look like for 20 or 30 years three garage openings each two bay garages so this is 100

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coverage of the corner of krosky and aspen and our building also will cover 100 of the corner

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this was the original by right project where there was an open space in the rear yard

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this is our proposal we're going to have a garage another garage bay with the yard area above the

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garage this would be the second floor and as i said to the board in the very beginning the idea

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of putting um and i'm calling it the yard it may be a stretch but it's a deck above the first floor

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is that the living area and the dining area in the kitchen are right here on the second floor

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and it makes sense to have your open space here rather than on the first floor

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where you would have to go you know through the property through the property to get to the rear

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yard and and you'd have to go through the garage to get to it it really doesn't doesn't make sense

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from a construction point of view.

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So these are the floor plans.

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I certainly can go through them,

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but it's a four-story project under 38 feet

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with a rooftop deck.

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You can summarize, Mr. Clinton, that would be helpful.

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So this is basically a pictorial view

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of what's going on here.

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This is going to be the final product of the project.

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And it's really not affecting any light and air.

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it's in harmony with what the neighbors are okay with

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and it's in harmony with the code

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and I think based on the presentation

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and all the photographs

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I think I can basically ask the board

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if they have any questions

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and this is probably the best view

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of what we're trying to do here

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just add another bay with a rooftop

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excuse me, with a deck above that third bay

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Do you have a client to adopt your testimony?

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Yes, Mr. Gorman, can you raise your hand so you can be unmuted?

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Mr. Gorman has been allowed to speak.

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Thank you. Mr. Gorman, please spell your full name and I'll swear you in.

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Matthew Gorman, M-A-T-T-H-E-W-G-O-R-M-A-N.

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We're firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you. Mr. Clinton?

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Thank you, Mr. Chairman. Mr. Gorman, have you heard my testimony?

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i have okay and if you had the opportunity to testify would you adopt my testimony as

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your own and that's true and correct i would thank you very much mr gorman questions from

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the board no sir anyone else to testify in this case please raise your hand

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