civus
Hearing video

ZBA Hearing - January 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 11, 20233h 53m

Thank you.

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Okay, Chair, we have 34 attendees, and you can start when you'd like.

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

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With me is Ishmael Shaheed, our board secretary.

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Present, Mr. Chairman.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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and James Snell, our board member. Present, Mr. Chairman. Also here is our board attorney,

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Hillary Emerson, and our ZBA hearing supervisor, Lakeisha Dandy. Before we begin, here's a virtual

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format. Be advised, proceedings are being recorded. By participating, you acknowledge

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your agreement to be recorded. The video will be available by contacting tonyasunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And lastly, the question-answer box on the screen is not for comments or testimony.

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Any comments should be directed to our Executive Director, Tanya Sunkit.

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Let's look at our continuances for today, for this morning's meetings.

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Number 13, MI 2022-004-440-204 North 52nd Street.

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that case is continued anyone have any comments relative to that case

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are there any other requests for continuing good morning we do have a hand sure there was a hand

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raised sir yes this is jason there was a hand raised but it has since gone down sir so okay

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We have a hand up from Mr. Sherman Toppin right now.

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Sure, put Sherman on, please.

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Mr. Toppin?

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Good morning, Mr. Chairman.

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Good morning.

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Could you state your name and spell for the court reporter, please?

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Yes, my name is Sherman Toppin, S-H-E-R-M-A-N, T-O-P-P-I-N, address, 1800 JFK Boulevard, here in Philadelphia.

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All right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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You have two cases today. Am I correct, sir?

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I do. I do. I do, sir.

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Do you want to continue the cases?

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Yes. I've been trying to. The cases are, as the court, as you guys may know, another attorney is experiencing somewhat of a personal emergency.

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And I wanted to, I was contacted by the owners to continue to proceed with both.

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And there's just one issue regarding posting that I'm unable to verify.

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Okay.

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Either.

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So, so the two cases would continue.

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The first one is number four, MI 2022-001-062-49 West Susquehanna Avenue.

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That case is continued.

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Correct.

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And number 19, MI-2022-001-061-2322 North 5th Street, that case is also continued.

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Yes.

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Thank you, Mr. Toppin, for calling in. We appreciate it.

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No problem. Thank you. That concludes my business today.

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Thank you. Other requests for continuances?

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Mr. Chair, I have Mr. Vernon Anastasia with his hand raised. I have allowed him to speak at this time.

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Sure. Hi, Mr. Anastasio, could you state your name, please, and spell for the court reporter?

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Sure. Good morning, Mr. Chairman. Vern Anastasio, V-E-R-N, last name A-N-A-S-T-A-S-I-O.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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You have case number six, MI-2022-004-431-1700 Reed Street. Is that a request for continuance?

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Yes, it is, sir.

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Okay, that case is continued.

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Okay. That case is continued.

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Thank you.

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Thank you.

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Other requests for

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Other requests for continuances?

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Do you know further hands for continuances?

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Okay.

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I also have two cases, number 10, MI 2022-004-441-6133 Tacowana Street.

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I have no exhibits.

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This is the first listing.

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Is Mr. Marshall here?

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You're not saying any hands raised at this time.

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Okay, so number 10, MI 2022, 004-441-6133 Tacowana Street.

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That case is continued.

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It was the first listing.

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And also I have number 12.

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MI 2022-004-446-626 Snyder Avenue. No exhibits. First listing.

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Nicole Lex. Sir, Ms. Lex's hand is raised. I will allow her to speak at this time.

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Sure. Hi, could you state your name, please, and spell for the court reporter?

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hi yes my name is nicole lex n-i-c-o-l-e last name l-e-x right do you swear or firm to tell

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the truth the whole truth nothing but the truth yes okay we we don't have the exhibits for this

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case yes um i did send a couple emails um to the zbi i did not get a response um i'm having some

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issues uh with this property i rented it um the landlord since has locked me out of the building

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um he wouldn't give me some of the documentation that i needed to submit to you all right so so

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here miss lex here's we're going to continue the case and you'll give you time to get this straight

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okay okay all right so mi 2022 004 446 626 snyder abno that case is continued

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okay we're going to go to our regular list

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excuse me mr chair yes we have we have another hand raised by miss um vedita cadillo

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okay i'm allowed her to speak

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hi could you state your name please and spell for the court reporter

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Beditza Cadillo

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B-E-D-I-T-Z-A

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C-A-D-I-L-L-O

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Right. Do you swear

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for them to tell the truth, the whole truth, and nothing

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but the truth? Yes, I do.

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What case, ma'am?

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3445 Team Street.

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Okay.

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We have submitted a complete package,

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but we are trying to

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continue communication

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with the RCO.

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Okay.

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All right, so here's what we're going to do.

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We're going to continue that case, right?

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You can continue your conversation with them, right?

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Thank you so much.

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Number 15, MI 2022-004-443-3445 Keem Street.

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That case is continued.

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Thank you.

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Any other requests for continuances?

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I see no hands at this time, sir.

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We're going to go to our regular list. MI 2022 004 445 1005 Lombard Street. Mr. Child Harry is the owner. There's a letter of non-opposition from council member Squilla. And there's a recommendation of non-opposition from Washington Square West Civic Association.

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There's also four letters of support from nearby neighbors and the three adjacent properties.

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Good morning, Mr. Chowdhury.

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If you are in the audience, please raise your virtual hand.

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I promoted Mr. Chowdhury to the panelist, sir.

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hi could you state your name please and spell for the court reporter sure my name is rita joy

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chowdhury r-i-t-u-j-o-y last name c-h-o-w-d-h-u-r-y right all right um proceed

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I know. Go ahead. Good morning. My name is Sarah Nareka. Sarah is S-A-R-A-H. Last name Nareka is N as in Nancy, O-R-E-I-K-A.

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Good morning. My name is Sarah.

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Okay. Do you both swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Yes.

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Okay. So this is for the erection of an addition at the rear of an existing attack structure and roof deck access from the rear yard and first floor?

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Yes.

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For no change of use from single family household living, for no change of height, size and location as shown in the application.

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The minimum yard in the RSA zoning district is nine feet.

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This shows five feet, six inches, whereas the maximum occupied area in the RSA zoning district is 75 percent.

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And this shows 89 percent.

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um our uh board secretary just has a few questions for you okay and then you can start your

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presentation ish yes good morning uh did you all so they're not lawyers uh so did you all

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send all the required documents in within five days of this hearing yes i believe we did our

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architects are also um on this call as well they were the actual submitters of the paperwork

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I'm not sure if they should join us at this time. We're fine. I think we'll go with you guys first

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and we'll see. Great. All right. Why don't you start sharing your screen?

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And excuse me, Chair, did we read the refusal into the record? I did. Okay. Thank you. I'm sorry.

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So our architects have planned to do the entire presentation. We don't have

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okay all right so we're here's what we have to do right we're going to have to bring your

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architect on but you have to do the testimony okay okay sure sure right so why don't we see

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if the architects in the audience what's the architect's name um let's see mr richard tom

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and lauren mark with the hands raised are those architects okay i'll allow them to uh i'll promote

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Okay.

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The panelists.

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We're joining as panelists shortly.

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Sure.

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Hello, this is Laura Mark, and I'm here.

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okay so here's what i would want you to do if you could um share your screen and they'll test

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the fire off what you have up there okay okay all right and i and i i mean i've read into the record

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i know what the issues are so why don't we just show the screen and then we'll we'll get moving

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okay okay um would you like me to share the um the zoning drawings first or would you like to

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go through photos. Well, I think photos would be easier for the, for the group. Okay. That's fine.

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You show the photos and they'll do the testimony. All right. Okay. Can you guys see it once it gets

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up? Yeah. Okay. We're good. All right. You see it? Seeing that. No, no. I'm talking to the,

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the owners. Can you guys see it? Oh yes. Yes. All right. Good. So why don't you start your

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testimony okay so um no no no no not the architect the owners have to testify i'm sorry

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sure sorry about that no no no so my wife and i have resided at 1005 lombard for almost 14 years

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yep um the house has been great uh neighborhood's even better um and we're we're just hoping with

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the changes in work from home and some of our neighbor porches to expand a little bit

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our working space in the basement and kind of double use, use our current outdoor space

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elevated slightly so that it's a bit easier access to enjoy the outdoor space that we

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have um so we had hired uh mr tom and ms mark to help us plan that and and make sure that it was

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um amenable to the neighborhood okay can i can i see the rear of the property

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and i'd love to provide a little more our context um so you can't you go ahead residents of

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philadelphia for um over 20 years now but at this property for almost 14 weeks right in may 2009

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2009. We've been thinking about, you know, maybe if we just had one more space for several years

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now, but in the last few years with the pandemic, et cetera, the change from work from home and now

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few years with the pandemic, et cetera, the change from work from home. And now I work full time from

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I work full-time from home.

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home. He works most days from home. So the office space that we're in now, he uses and I now use

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our dining room table. We have a very open concept house. His work is mainly on the phone and

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meetings all day. My work as a book editor is much quieter. So in our ideal world, we have a small

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office space and really just an office space that has a door to close um and then this room um one

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of the other changes that happened in our lives in the last so many years is we have an eight-year-old

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daughter in this room we'd always intended to be her space for work and study and of course play as

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well um and as she's growing older we're feeling a little bit of that pinch to have that extra space

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okay more so our house is a split level and we love our house but there are disadvantages to

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the split level. An advantage of this addition is that it would give us a deck right off the dining

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room. So of course it won't be an all-year space, but it will be a space that we can use many months

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of the year to just walk out, you know, enjoy a meal, etc. Right now our sunken garden, and as much

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as I love the garden that I've managed to put in this north-facing space, you know, there's kind

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of that mental barrier of walking down the stairs, etc. to access it. We also lose a lot of space

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with the stairs and the platform. And then more so, I mean, we have thought about, you know,

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is this the time to think about moving? Is this the time to find another house? We love this

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neighborhood. Our daughter is in school. Her two best friends are within a couple blocks of us.

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We don't want to leave. We love being from Seeger Park. But also, after my daughter was born,

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my parents moved three doors down. Of course, that was partly to be with her, but also partly

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as they're aging to be closer to family they move from ohio where they have no family so we're very

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motivated to stay in the space um and hoping we can make it work you know with that one edition

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can work okay much longer all right show me the edition show me what you want to do sure

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okay why don't you explain that

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Sure. So can I? I don't know if I can.

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Okay. So the the darker areas is our property. Yep. And the way it is right now, those two sliding doors lead to stairs that go down.

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Right. And in the in the planned or proposed version, there would be a built up area that would essentially make the deck or the outdoor space level with those sliding doors.

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In order to do that, I suspect we'll be digging down a little bit and pushing northward the basement area that we have now and leaving a gap between there and the brick wall that is existing.

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Okay. And from an outside perspective, our neighbors have a deck going off there with no room underneath. But from a visual perspective, it should look very similar to what they have.

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So it wouldn't be congruent.

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Okay.

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All right. Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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questions or comments from the virtual audience

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i don't see any hands mr chair yes chair we had that richard um thorn sure

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