civus
Hearing video

ZBA Hearing - May 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 7, 20255h 57m

I did bring everything with me because when I got the message back, it just said only part of it was accepted.

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Okay, so Ms. Watson, what we're going to have to do is we're going to continue this. We can't accept documents now because we have to examine them, and that's why we asked for them five days in advance. So I'm going to continue the case, and should you have any thoughts in the future about what you need, please call the office, and they'll give you everything and work with you to get your documents together, okay?

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everything was uploaded, and I did get the confirmation that it was saved. I don't know

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what happened. Yeah, but we don't, am I correct? Yeah, no, unfortunately, the only thing we have

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is the refusal, and I think the application for appeal, and the letter you sent to the neighbors.

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There's several other things that we are missing. If you're having technical issues uploading those

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things, please contact the office, because they can help you, and alternatively, they could be

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submitted in advance via email if for some reason the system is not working for

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you. But I believe Ms. Dandy can speak with you afterwards and I'll give you some

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assistance as well. Thank you. So MI2024

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006823, 5329 North 13th

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Street. The case is continued to 8625 at 2

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p.m.

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Let's go to our add-on list.

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so mi20240052621311 to 13 north 27th street

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i vote yes with proviso revised plans one page stamped by zba on may 7th 2025 maximum four

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dwelling units

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cheryl gaston my vote is yes with proviso and just for a point ishmael shaheed

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Michael Johns at Tenetogram will have to certify they watched the hearing so when they test Michael Johns I certify that I watched the hearing and my vote is yes.

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michael johns i uh certify that i watched the hearing um and my vote is yes with proviso

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let me tie in my vote is yes with proviso ishmael shaheed i'm uh certified that i watched the video

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of the hearing on march the 5th 2025 and my vote is yes with proviso

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Sure. Okay, thank you. That's okay. Thank you. So number two, MI 2024-002-120-963 North Lawrence

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Street. The vote in this matter has been rescheduled to Wednesday, May 14th at 2 p.m.

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Number three, MI 2025, 000394, 2026 South 5th Street, I vote no.

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Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Ioann, my vote is no.

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Ishmael Shaheed, my vote is no.

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Number four, MI 2024-006-037-2851 Salmon Street.

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I vote yes with proviso.

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Her refusal dated 1-14-25.

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Revised plans, one-paged, stamped by ZBA on May 7, 2025.

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Michael Johns, my vote is yes with provisos.

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Cheryl Gaston, my vote is yes with provisos.

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Panetta Graham, my vote is yes with proviso.

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Iowan, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Number five, Ishmael Shahid will handle this.

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MI-2024-006213, 3135 South Juniper Street.

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My vote is yes to request for reconsideration and rehearing.

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Michael Johns, my vote is yes for hearing and reconsideration.

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Cheryl Gaston, my vote is yes to reconsideration and rehearing.

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Tanetta Graham, my vote is yes to reconsideration and rehearing.

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number six mi 2024 000 593 29 east mount erie avenue ta 27907 this is a re-vote

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I vote yes

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with proviso per refusal

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dated 8-22-24

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my vote is yes with proviso

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Cheryl Gaston my vote is yes

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with proviso

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Tannetta Graham my vote is yes with proviso

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I am with my vote is yes with proviso

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We're going to go to number six first. Here's our regular list. MI 2024-006-753-1207-09-South 46th Street. Steve Masters is the attorney.

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This is a resumptive hearing. Mr. Masters, could you please state your name and spell for the stenographer?

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Steve Masters, S-T-E-V-E, M-A-S-T-E-R-S, here with the law firm of JustLaws.

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Do you 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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So this is a resumptive hearing. Mr. Masters, would you please report for us where we stand?

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Yes, I actually have to call up my exhibits on my computer for a second.

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But we have, there were four new revised exhibits that we presented to the board last Friday.

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One of them is the tax clearance.

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One of them is the photos for the resumption hearing.

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One of them is a sealed plan from the survey district for the lot subdivision.

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And the fourth one is the revised refusal.

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So I apologize. I didn't know I was going to get called that quickly.

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I have to log in, so that's the delay.

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So that's the delay.

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dbo computer okay

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Yeah, I have to log in is the problem in order to share my screen.

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It looks like it's happening.

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I need to be a promoted panel.

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Here we go.

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Mr. Masters, when you see the invitation

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to be joined as a panelist,

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please accept it.

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I believe I am joined now.

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Let's see.

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The first is on page three of our new Exhibit Binder.

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The revised refusal from LNI indicates that we are, in addition to creating two lots from

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one existing lot, we are also erecting rear additions to the attached buildings size and

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location as shown. It doesn't change the refusal, which is the same grounds, which is that the

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width of the lots are too small. The next one is our survey on page 14.

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This is the LOTS Subdivision Survey Map plans, and it is signed by the 7th Survey District

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project on August 8th, 2024. Our third new exhibit is page 42, the zoning poster, uh,

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the zoning notice poster and the posting of the refusal and the date is May 7, 2025 for

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hearing and then our last uh and new exhibit is the tax clearance on page 45

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issued april 25th 2025 to williams 911 upland street llc which is the property owner

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and my my remembrance to the rco gave you unanimous support yes member gathier is in favor

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and also the applicant provided a petition of support of 16 signatures from the neighbors

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is that correct that is correct questions or comments from the board

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questions or comments from our attorney not at this time mr chair questions or comments

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from the virtual audience?

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Chair, we have a Nicholas Sladoff with their hand up.

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They have been unmuted and allowed to speak.

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Okay.

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Hi, could you please state your name

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and spell for the stenographer?

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Sladoff, please unmute yourself.

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is there anyone else in the virtual audience i see no further heads chair he is not unmuted

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no he's not unmuted as of yet

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planning commission good afternoon chair peter bernard for the planning commission

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do you could you spell your name for the stenographer please yes sir p e t e r b as in boy

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do you could you spell your name for the stenographer please yes sir p e

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I'll see you next time.

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a as in apple r as in roger n as in nancy a as in apple r as in roger d as in dog right do you

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swear or affirm to tell the truth the whole truth nothing but the truth i do chair please proceed

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

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at this location. The proposed minimum lot width is minor and in keeping with the purpose and

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spirit of the zoning code. The City Planning Commission recommends that the board grant the

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proposed dimensional variance for minimum lot width. Thank you. MI 2024-006-753-1207-209

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South 46th Street. I vote yes with proviso. Her refusal dated 5-6-25. Michael Johns, my vote is

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yes, with proviso. Cheryl Gaston, my vote is yes, with proviso.

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My vote is yes, with proviso.

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My vote is yes, with proviso.

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My vote is yes, with proviso.

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Thank you. Thank you so much. Okay, thank you, sir. Mr.

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so mi2025 000447 4921 haverford avenue um would you please state your name and spell for the

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sonographer? Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N. Do you swear or

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affirm to tell the truth, the whole truth, nothing but the truth? I do. Could you identify your

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client, a relationship to the property? Yes. For 4921 Haverford Avenue, my client is SNC

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Legacies LLC, the owner of the property. And coming up to the left of me,

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Ms. Camille Parcell, who's the owner of that entity.

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Okay, and I understand that we have a letter of support from Mill Creek Advisory Council,

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a letter of non-opposition of account to Member Gauthier,

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and a letter of support from Rebuilding Together Philadelphia,

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and also a petition with 30 signatures on it.

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That is correct.

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Our vice chair has a few questions.

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Good afternoon, counsel.

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Do you agree to wait to read another refusal or stipulate towards accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case

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five days in advance of this hearing wait we have thank you sir council please proceed and share

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your screen thank you all right we're here to present uh 49 21 havertford avenue uh we have

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11 exhibits in our packet we're going to start with exhibit number one which is the notice of

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refusal this is an rsa 5 property we're looking to do two family household dwelling as you'll

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see in our presentation packet it makes sense given the history of the property and you know

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this around the area here's our letter of support from the mill creek advisory council that the

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chair stated as well as rebuilding together and then there was a letter of non-opposition from

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the council member as well our petition of 30 signatures is also included here as an exhibit

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so why don't we start our presentation okay uh yeah so in terms of our presentation so this was

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advertised to us as a two-family dwelling as you can see here from zillow

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maps of the area you can kind of see where we are in the neighborhood

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we're right off of haverford avenue um i think this is really our exhibit a this we purchased

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this as a burnt out shell previously it was used as a two-family dwelling with a front entrance for

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each of the units and this is um haverford avenue to the rear of the property so we go street to

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street from fairmont from haverford to fairmont avenue and then this is the property in in 18

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just to show you that this was an active two-family dwelling in 2018 and then these are orange notice

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posters, Haverford Avenue to the right of the property and to the left of the property, Fairmont

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Avenue to the right of the property and to the left of the property. Our plans and drawing very

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simplistic but makes the point. If you look at the floor plans for unit number one, we get in

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on the right-hand side. We have a dining room, kitchen, bathroom, and one bedroom. There is no

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living in the basement. Unit number two, you go to the door on the left, you go up a flight of steps

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And again, an open floor plan of one bedroom, one bath.

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RCO meeting notice that we had on March 10th, along with proof of mail, email that notice, as well as mailing in that notice.

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You know, our application for appeal that we filed with the ZBA.

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The, you know, our application for appeal that we filed with the ZBA, and then the deed to the property showing the SNC at Legacies LLC is the current owner of the property. And then finally is our certificate of tax clearance. With that being said, I would ask that Ms. Parcell get sworn in and I have a few questions for her.

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Could you please state your name and spell for the stenographer and try to sit close to the microphone, please.

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afternoon everyone camille your soul camille c-a-m-i-l-l-e here soul he light full e-a-r-s-a-l-o

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you swear or affirm to tell the truth told truth nothing but the truth yeah please proceed counsel

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uh yes camille you heard everything i had to state today about your zoning matter

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is it true and correct including the fact that it was built out as two units um it was advertised

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to you as a two-family dwelling, and do you adopt my testimony as your own?

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Yes, I do.

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Thank you.

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Helen, could you tell us how she's going to handle the trash in the building?

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Well, there's two options.

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We go to the community like a picture of what the property looked like in 2018.

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It looked like there was a trash area in the front between the two front doors.

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She would put a trash enclosure there.

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That's pretty, but efficient.

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um that's option number one option number two if the board feels so inclined to put a proviso

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about trash being stored inside you know that's the prerogative of the cba all right thank you

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questions from the board looking at the layout i always have an issue with having to go through

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a bedroom to get to to a backyard um so is that the only way to get to the backyard and that first

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and the ground floor unit is through the bedroom.

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Camille, I think we're taking a pre-existing floor plan here,

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board member Johns.

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And we don't have much luxury in terms of making changes

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given the size and the width and the dynamics of this building structure.

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so is that the only way to get to the backyard um good afternoon board member johns that as of

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the previous um floor plan layout yes but it can be um a door added to the side i'm not sure if the

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plan showed where it was an existing window if that is something that we could be approved

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approved in the review of my um final plan so there's a there's a there's a breezeway

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that where you can i mean if if you're able to do that that is a much better

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livable unit to access the rear yard through uh you know that side because having to go through

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a bedroom you're having a barbecue trash is out there the dog is out there everybody's coming

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through your bedroom. That's just a horrible condition in terms of livability, but I understand

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it's laid out. So, but that's my comment. All right. Any other questions? Questions for our

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attorney? Not at this time, Mr. Chair. Questions or comments from the virtual audience or the

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present audience here? I see no hands at this time, Chair. Planning Commission.

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good afternoon chair the comprehensive plan recommends no change to the existing rsa5

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residential single-family attached zoning at this location there is no remaining unique

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circumstances or physical condition of this property that would prevent it from being used

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in conformance with the zoning code therefore the planning commission recommends the board

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deny the proposed variance for two-family residential use hillary if we were to do this

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can we provide so that side door

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where was the

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side door because I thought there was two front doors

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