civus
Hearing video

ZBA Hearing - February 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 21, 20246h 33m

I can't even Presley.

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Okay.

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Please proceed, counsel.

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Thank you.

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Mr. Presley, you heard my testimony?

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Yes.

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It was everything, to the best of your knowledge, truthful and accurate?

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Yes.

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And do you adopt that testimony as it was your own?

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Yes.

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And may I also ask Mr. Presley a few questions, Mr. Chairman?

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Sure.

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Mr. Presley, have you done other similar projects in this neighborhood?

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Yes.

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And are you aware of this street's makeup in terms of multifamily to single family?

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Yes.

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and is there a substantial amount of multi-family variances have been granted on that street

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And is there a substantial amount of multifamily variances have been granted on that street?

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Yes.

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yes is there anything different from your project with what has happened with those properties no

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thank you mr presley questions from the board no mr chairman

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no no chair questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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Yes, we have a handout from Allison Weiss.

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I haven't allowed them to speak at this time, sir.

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Hi, Ms. Weiss.

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Yes, hello, good afternoon.

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You've already been sworn.

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Just state your name for the record.

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Yes, Allison Weiss, Solo Germantown Civic Assistant.

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Ms. Weiss, did you hear the attorney's conversation?

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Ms. Weiss?

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Ms. Weiss, are you still available?

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Ms. Weiss.

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She's unmuted, Chair, but she's not responding.

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I think she's having a technical issue.

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Right.

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Ms. Weiss?

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this way so he's still available

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yeah again sir she must be having technical difficulties if you'd like you can move to the

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next hand is there another hand yes charles richardson i've allowed them to speak hi mr

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richardson good evening again mr chair charles richardson r-i-c-h-a-r-d-s-o-n office of

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Councilwoman Cindy Bathroom, 508 City Hall.

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This property is the twin to one that was refused this morning.

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The 13th Ward was the coordinating RCO.

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Due to the poor presentation, they are opposed.

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Solo is an affected RCO who also sat in on that presentation, and they are opposed.

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okay the councilwoman is still opposed to granting variance for this property okay thank you very much

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planning commission this is uh ron bednar city planning while this property is currently

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indicating excuse me one one moment um ron uh mr chair we did have one other hand that was raised

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yes it's where my number ending in one two three two i've allowed them to speak sir

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all right please state your name and spell it for the court stenographer

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good afternoon this is pamela bracy a member of p-a-m-e-l-a

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could you state your name could you state your name please

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Pamela Bracey

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and spell it for the courts

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alright thank you

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do you swear or affirm

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to tell the truth the whole truth and nothing but the truth

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yes I do

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please proceed

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I am a member of

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SOLO and as Mr. Richardson

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stated we did have a meeting

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but the meeting did not go well

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we were stating that

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there are a lot of multifamilies

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on Wayne Avenue

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but we think we're being inundated

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with that and we did have some problems with the 90 units being built across the street so we're

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not saying oh that's fine okay thank you very much for taking the time to call us we appreciate it

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thank you planning commission

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run

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Ron Bednar, City Planning. While this property is currently indicated for single-family residential use on the city plan, the adopted comprehensive plan recommended multifamily residential at this location.

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The proposed use is consistent with our adopted and implementing plan recommendation. Therefore, we recommend that the request of variance be granted.

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thank you mi2023 yes i'm sorry to interrupt you again but miss weiss have their hand raised again

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okay miss weiss

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yes hello i don't know if you were able to hear me because i was

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If you were able to hear me, because I wasn't able to hear what was going on.

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All right.

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So, Ms. Weiss, you've already been sworn in.

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I don't know for what kind of technical issues there were, but was I able to be heard?

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No.

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Ms. Weiss, you were already sworn in this morning.

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Ms. Weiss.

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Hello.

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Hello.

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Ms. Weiss.

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is anyone able to hear me we can hear you miss weiss i i no longer can hear okay so why don't

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why we're gonna move to excuse me chair if i may miss what she's able to hear us but she

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she can't respond she can't um uh she's not i can't hear anyone yeah i'll put something in the

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I'll put something in the chat.

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Tell her in the chat.

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Okay.

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Mr. Chairman, if I could, before we go to a vote, I would just like to respond to the

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councilwoman's argument when I have a moment.

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Please proceed.

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Thank you, Mr. Chair.

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Mr. Chair, I believe, you know, what was pointed out was the poor quality of the presentation is being an issue here.

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And I don't think that's something that Mr. Presley's prior counsel, you know, should be held against a presentation wasn't up to everybody's standard.

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And especially being made aware of that on essentially in writing the day of the hearing.

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Mr. Presley remains happy to revisit this with any RCO.

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I am always available, and my office has received nothing, nothing since the meeting and nothing before the meeting.

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Okay, thank you.

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Has Ms. Weiss, have we gotten contact with her?

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Not as of yet, Chair, but we do have a hand.

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Okay, good.

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I saw you said you're going to have her send the letter.

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Okay, thank you.

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Okay.

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So we're going to go to a vote.

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mi20230013494706 wayne avenue i vote no thomas holliman my vote is no

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ishmael shahim my vote is no thank you thank you counsel

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i believe um mr snell had to leave for the record thank you thank you we have we have the three

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votes. Thank you. We're going to move to number nine. MI 2023, 005-619-2908 Karnwath Street.

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Sherman Toppin is the attorney.

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He'll be rejoining as a panelist, sir.

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Okay.

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well good afternoon mr chair members of the board you were already sworn this morning and uh

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yes um just state your name for the record the sherman topping once again spending the day with

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the cba okay well and uh could you identify your client the relationship to the property

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Yes, my client, he should be Yvonne, Mr. Yvonne DeSalva.

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He has been, he may be online now.

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I'm not sure if it's, it will be his name or his translator.

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He is a Brazilian-American and he has a translator that is with him to understand all that's being said.

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Well, yeah, I don't, Hillary, we don't usually use a translator like that, right?

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well so i mean if he has if he has a personal translator so he can understand what's going on

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that's fine but we can't accept his translator if he wishes to testify we we you have to request

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a translator in advance and we would provide one yes yeah he i'm sorry he won't need to a translator

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to communicate he he understands pretty well and he can respond she's there for him um in his but

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was just mentioning that because her his cell phone might be her cell phone that's the all right

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perfect all right uh our vice chair has a few questions now so do you agree the way the reading

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of the refusal or stipulate towards accuracy yes i've emailed in all the documents and exhibits

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Have you emailed in all the documents and exhibits that is needed to proceed with this call, in this case, five days in advance of this hearing?

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that is needed to proceed with this court

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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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Okay.

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And I will be sharing my screen at this time.

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And is the board able to see my screen?

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We can.

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Okay, wonderful.

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So I'm here for 2908 Connorth Street.

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this is in lexington park in the northeast just to orient the board with where we are today this

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is a pretty pretty straightforward and simple uh simple type of zoning application and only affects

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the home that you see on the picture and the left and to the right um these are his neighbors this

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2906 um this is 29 i wait of course here in the middle the the applicant property and uh 2910 and

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I'll go through and I'll explain exactly why. We're here on a refusal that involves two

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particular things. The erection of a garage that does not have a three-foot setback between it and

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the property line. And on the other side of the property line, there is a side yard where there's

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a canopy that is developed to the other end of the property line. So that's what we're here to

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talk about, those two items. The deed, of course, is here. I'll just move through the exhibits

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quickly tax cert is here and i'll move through our appeal which i'll be able to speak through

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is here as well as our project information sheet these are all our basic

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exhibits here the zb of course this whole area is zoned as rsa3 single family this is single

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families there's no issue as to its use as to as far as that's going we're not even going on

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into the inside. This is an older picture, but the subject property is here, and all of the

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development happened in the backyard, and that's what we'll be talking about in a few. So let's just

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go right to that, and I'll change the configuration of these pictures so you can see.

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So this is what we're here to talk about. Here's the subject house off to the right,

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And this common driveway between 2908 and 2910 is where the first conversation we'll have.

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This is the garage in the back here.

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The garage, this is just a reverse of that shared driveway.

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The garage is here.

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And as you can see, the garage is only 11 feet wide.

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And Mr. DeSalva, he's a tradesman.

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He wanted a garage in the rear of his property to store his commercial vehicle and tools

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So he wouldn't have to park it on the street and risk there being theft or something going on there with his tools in his vehicle.

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So he wanted this driveway.

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As you can see, the existing driveway ends right here at the end, and the width is exactly in front of it.

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Like this is the only position where this garage could be.

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As you can see, the brick wall here limits exactly, exhibits any other way in the end of the house, really constrains the garage to being in this spot.

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Now, if the garage were moved three foot over for the setback, he would not be able to actually have this garage.

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So that is one of the reasons motivating his decision to plant the garage there.

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This, of course, is a zoning application to legalize the positioning and the erection of this garage.

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And I'll show you some more pictures that deal with it.

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So here's, again, a picture of the straight-ahead garage.

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As you can see, it goes right to the property line.

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I have a closer picture so you can see the distance.

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There's just about a foot between the actual property line and the edge of the garage.

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But the concrete pad in which it sits cuts into that.

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So we were talking about maybe six, only six to eight inches that it's between the property line and the concrete pad.

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And that's where the variance.

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And this is just another picture showing how there really is not room between there as it moves back for anyone to get through.

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It's right on the property line.

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And this is the reverse of that.

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The neighbor has all of this debris and was building along the property line on his side.

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These two gentlemen have talked and have been, you know, have or in agreement as to the positioning of this.

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And so there's been no issue with the 2910 neighbor.

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This is the end. This would be the egress point, ingress point to the backyard right next to the garage, which you see.

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And so this is there. And on the other side of the house, this is where the eight foot sit back sit back is missing.

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So you hear that from the house to the green fence here is exactly eight foot.

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So this canopy is where the issue is. We're looking to legalize the positioning of this canopy and the patio that's paved that runs right to the end of the property line on the other side of the house.

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As you can see, the 2906 neighbor has a similar fence coming into the property.

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Six neighbor has a has a similar fence coming into the property. And, you know, my client opted to do the canopy, but has the same fence on the other side. So they coordinated in that way. And this is just the the rear of the house showing both the entrance to the detached garage and the the canopy that runs to the other side of the property line.

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more pictures and so you can get a sense of exactly where we're talking about so this is

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from the street this is all neighbors really do see so the affected neighbors are really the 2906

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and the you know 2908 as far as who truly is affected by this particular uh these two things

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on either side of the house and let's go back into the plans and you can see from above we've

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