civus
Hearing video

ZBA Hearing - June 4, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jun 4, 20256h 8m

Let's go to our schedule for this afternoon.

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with you

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number one mi2023 004 084 2337 north 30th street um

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this is the fifth listing we still do not have any exhibits

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Warren Hamilton is the listed applicant

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and SBW Real Estate

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LLC is the listed owner

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Mr. Warren Hamilton

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Yes, good afternoon Mr. Chair

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this is Jason Handel will be your calls for the session

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I do not see the hand of either in the audience raised

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and I do not see the individuals themselves in the virtual audience

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Thank you very much. So MI-2023-004-084-2337 North 30th Street, I vote to dismiss.

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Michael John, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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And my vote is to dismiss.

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To another gram, I'm recusing myself from the vote.

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Okay. Oh, that's right. Okay.

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Okay. Number two, MI 2023-004-384-1196 Adams Avenue. David Chandler is one of the attorneys. This was Mark Must Be Heard. Mr. Chandler should be in the audience to give us an update of where we stand.

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Mr. Chandler.

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More than that should be coming.

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Sure.

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Yes, we can make it.

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I've got them to talk instead.

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Okay, can you hear me now?

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I can hear you, Mr. Chandler.

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

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Yes, my name is David Chandler, C-H-A-N-D-L-E-R.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth?

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Yes, I do.

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Oh, wow.

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Thank you very much.

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Could you turn on your video if you have a video there?

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Oh, let's see.

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Let me promote them first.

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Sorry about that.

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Yeah.

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The video, yes.

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You'll be coming back in shortly, sir.

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A video?

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Oh, okay.

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Let me do the video.

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Okay. Now, okay. I'm here. Okay. Mr. Chandler, this is the fifth listing, right? Could you give

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us an update of where this case stands? Yes. Mr. Chairman, I would respectfully request

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one more continuance of this hearing. Okay. Okay. This has to be heard the next time.

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So number two, MI 2023, 004384, 1196 Adams Avenue, this case is continued until 12, 10, 25, at 3.30.

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Thank you, Mr. Chairman.

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and thank you number three um mi 2024 001 812 201 east westmoreland jose garcia is the listed

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owner annavala squeeze is the listed applicant no exhibits third listing i say has requested

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a continuance for the owners here mr chair i do not see any one with those names in the virtual

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audience okay um so so we have no uh we have not any exhibits in third listing no one's appeared

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So MI 2024-001-812-201 East Westmoreland Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Danetta Graham, my vote is to dismiss.

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Tywin, my vote is to dismiss.

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Are there any other requests for continuance?

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I see no further hands, Mr. Chair.

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Thank you.

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So number four, MI 2025, 000467, 12425 Tyrone Road, Samantha and Matthew Malinowski are the applicants.

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Matthew Malinowski are the applicants.

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This is a pro se.

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They'll be coming back in as a panel shortly, Mr. Chair.

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there's unanimous support from parkwood and non-opposition from the council member

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should say odiel

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mr malinowski this is samantha hi samantha how are you could you please state your name

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and spell it for the court stenographer samantha s-a-m-a-n-t-h-a last name malinowski

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m-a-l-i-n-o-w-s-k-i do you swear or affirm to tell the truth the whole truth nothing but the

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truth? Yes. Could you please turn your video on? Yes. Okay. Could you start to share your screen

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and present your case? You have all your documents, right? I do. I have them all in a

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folder. I wasn't really sure how this process went, but I have it all in a folder. Could you

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open the folder? Is the folder there? Yeah, this right now, this is all the different things that

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i put it in your folder and we'll take a look at it okay oh yeah i have the the plans i have the

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refusal letter that's right yeah show why don't you do that all right yeah the first thing is the

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refusal that we got we were going for a building permit for a deck with steps ma'am and you need

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to share your screen in order for us to see the documents we can't we can't see them so you open

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In your document saying you should push the green button at the bottom that says share screen.

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Oh, okay. Share.

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This one?

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There you go. You're coming up.

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Is that, that's working?

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Yeah, now you just got to go to the file you want.

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Okay, this is our refusal for steps from the ground to the deck are prohibited.

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So we were.

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You have your refusal.

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can you open the document it's just in preview so it's very small we can't see it

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i think it's just in preview is that better no no you may have to stop sharing and open it

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on a bigger screen and then and then reshare your screen okay i'll stop sharing yes and then when

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hit the green share button just um share your your windows and not the actual document so that way

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when it opens up we can just see everything um is that working yep okay we have that

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okay

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I'm not sure which other documents that I need to

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I think what I would do is if you have plans, show your plans, show your photos

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yeah, so here are our deck plans from the architect

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is that showing on your screen?

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yes

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turn it a little bit, you know how to turn the document, it's sideways

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oh wrong way well keep turning to keep there you go okay yeah so this is the

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back of our home this is the deck with the steps leading down to our yard and

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Then this is the side view, and this is the foundations and structural plan.

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That's the end of the deck plans.

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Could you give us, show us a photo in the back?

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The photo, yes.

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Is this deck already built?

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Yes.

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Okay.

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Did that come up?

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Yeah.

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Okay.

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Do your neighbors approve this?

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Do your neighbor have the same thing over there?

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The one on the right does not have steps.

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The majority of the other decks that are not pictured do, but.

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and how many decks are in the rear of the property up there um on my side or the like

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And how many decks are in the rear of the property up there?

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On my...

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what we see either one either one a lot of decks yeah i mean i'd say most houses do have decks

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versus don't okay questions from the board yeah how big is the yard like how much space is it

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from the bottom step to the end of your yard the um well from the like the back door that you can

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see all the way to the back of our yard is I believe 35 feet and and the yard is fenced in

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yeah fenced in and there's no rear access all the backyards back up together there's no like

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public access access other questions the purpose of the steps primarily to just give you more

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flexibility to not have to go downstairs to get to the backyard yeah that letting our dog out and

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just another like five safety reasons another fire escape if god forbid but if you go out through

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those steps there's no outlet at the rear of your yard correct don't you correct yeah it's yard back

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up right to the other yards okay um i'm gonna make my comment and then um with decks um there

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are only two prohibitions when it comes to decks yeah can you speak up a little bit cheryl can i

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can barely hear you all right i said there are only two prohibitions when it comes to decks

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You can have them in your backyard.

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You can have different sizes.

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It's, you know, basically decks are a yes

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ever since deck legislation was adopted back in the 90s, okay?

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And there are two prohibitions.

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One is you cannot have a permanently affixed roof on a deck,

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and the other one is that you cannot have stairs.

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um the reason is because um uh once you have roofs and stairs and the next thing you know

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things become an addition there's all kinds of other issues so um the the deck is not an issue

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but the stairs and that's what the refusal is for that's that's an issue and the the

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the deck in and of itself is not a problem the stairs are a problem and it's one of the few

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things that you cannot have with a deck and i don't see i mean you're saying that you know

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your other neighbors have stairs did they get zoning permission do you know or

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Unfortunately, I do not know.

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I believe they're all like on the decks themselves or before I was here.

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Okay.

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So that's my.

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How did you wind up here?

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Did Dale and I come out and send you here?

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Yeah, and they told us that we needed to go through and follow the right process for permits and everything.

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So that's what we were doing and found out that steps were against the code or whatever you say.

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I'm sorry.

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But I guess the second question I have is it looks like you did go and have a licensed contractor put together a complete set of construction documents to construct the deck.

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But it doesn't look like a permit was pulled, even like take the stairs out of it.

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You could have just built a deck, but it doesn't look like permits were pulled to build that portion of the deck either.

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Could you walk me through sort of the process?

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because it looks like lni came out and gave you a warning and then issued you a restriction um

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when what happened between july 1st and july 26th and was your contractor involved in that process

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or was the deck already complete by the time the lni process started oh sorry sorry the deck was

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already complete okay that with that process and then you got the you had your contractor

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to draw up your paperwork yeah we are we hired an architect to draw the plans because it didn't fit

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the easy deck permit requirements so who built the deck if the architect came after it was built and

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just documented what was existing what was your process to get the deck built initially

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just a local person that we found on like our neighborhood facebook page

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got it okay and would you all be opposed to us requiring a certificate of occupancy

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i'm not sure what that is it's just an lni inspection

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oh to comment like i don't know if you would need that for a deck though

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i don't know if you would need that for a deck though i don't know if they require those for

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i don't know if they require those for decks

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decks well you're supposed to have a building permit so it would be whatever the typical

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sleep

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permit closeout process right right probably there's some i'm sure there's a final inspection

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i don't know it's a call the final whatever but like just yeah yeah yeah i don't think there's

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i think the i think a co is just for like enclosed i think it is i just don't i just don't know what

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yeah no they have to they have to get a building yeah they need to go back and

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pile yeah anyway okay yeah we still have to get a building permit okay yeah all right other

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questions questions or comments from our attorney hillary emerson not at this time

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mr chair questions or comments from the virtual audience no hands chair

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planning commission amy boyb with the planning commission the comprehensive plan recommends no

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change in zoning at this location to the rsa4 residential single family the appellant has not

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demonstrated that there are unique physical conditions or circumstances of their property

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that would prevent it from being used in conformance with the zoning code the planning commission

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recommends that the board deny the requested variance for deck steps thank you mi 2025

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0 0 0 4 6 7 1 2 4 2 5 tyrone road i vote yes michael johns my vote is yes

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cheryl gaston my vote is no tana graham my vote is yes i win my vote is yes thank you

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you have your votes okay okay thank you all right thank you so much all right and number five

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MI 2025 000468

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1327 North Front Street.

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Myrith Ferliger is the attorney.

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Support from Fishtown Neighbors Association,

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support from Fishtown Kensington

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area business, and a

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letter of non-opposition from Council

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Member Young.

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He's coming back in as a

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panelist now, Chair.

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Is Meredith coming in? Okay, thank you.

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Good evening, Mr. Chairman, members of the board.

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Hi, could you please state your name and spell it for the court stenographer?

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Meredith Ferliger, F-E-R-L-E-G-E-R.

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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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