civus
Hearing video

ZBA Hearing - June 4, 2025

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

will suffer an economic detriment if required to comply with the rear yard depth provision

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in the rsa 5 zoning district the city planning commission recommends the board deny the proposed

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dimensional variance for rear yard depth. Thank you. So MI2025, 000459, 1627 East

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Ear Street, I vote yes. Michael Johns, my vote is yes. Charles Gaston, my vote is yes.

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Tanetta Graham, my vote is yes. You have your vote, sir. Thank you very much for your presentation.

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Excuse me, Mr. Chair, it looks like board member Wynn is present. Okay. Yes. Hi, everyone. Good

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Hi, everyone. Good morning.

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morning hi good morning can we just revote that the one app

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Hi, good morning.

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Can we just re-vote that one add-on?

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I believe it was number five, Annan Street,

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now that board member is here.

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Thank you.

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Number five, MI 2024-007-299-609-Annan Street.

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I vote yes, with proviso.

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So, temporary variance expires 6-5-28, approved for the approved use visitor accommodation

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only.

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Michael Johns, my vote is yes, with provisals.

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Cheryl Gaston, my vote is yes, with provisals.

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My vote is yes, with provisals.

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Thank you.

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And my 20, 25, 0, 0, 1, 8, 5, 0, 9, 1, 25 academy road.

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Morning council.

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Morning.

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Morning.

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Would you state your name and spell for the stenographer?

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Yes.

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My name is Stephanie Magana, S-T-E-P-H-A-N-I-E.

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Magana is M-A-G-A-G-N-A.

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Right.

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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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Could you identify your client, the relationship to the property?

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Sure.

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My client is BSI Construction, Inc.

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They are the authorized agent and designated contractor by the school district of Philadelphia.

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The property is owned by the city on behalf of the school district.

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Do you waive the reading of the refusal that you agree with, Zach, or see?

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Yes, I do.

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Okay.

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Will you start your presentation? Yes. I'm joined today by our landscape architect, Sarah Leaper. She's going to share her screen. So while she pulls that up, I also wanted to mention that Chuck Calvinise from BSI Construction is here to answer any questions as well as Kate Weiss. She's our project engineer from Dynamic.

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um this application is in regards to 9125 academy road it is um the property itself

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occupies most of the triangular block bounded by willits academy and home ev and the southern

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portion of the site is the location of the thomas home elementary school it's um and the northern

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portion is the the park area the school itself um is was approved for a redevelopment project

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last year pursuant to a by right zoning project after the site was rezoned to the sp civic district

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see the site here and this application specifically you can go to the next slide

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seeks approval to remove certain heritage trees from the property

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as i mentioned as i mentioned the school redevelopment project itself was designed by

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right the zoning permit was issued last year after we met with the community

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thankfully got their support and the project was presented to the civic design review committee

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this is a rendering of the school that's it's currently under construction

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and that was approved following that process last year as i mentioned this application

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specifically seeks removal to remove certain heritage trees from the property and this

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application was presented again to the upper holmesburg civic association on april 17th and

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letter of support is included in exhibit two in our full exhibit packet these are just additional

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renderings of the school project the application you know as we're presenting it despite the removal

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the trees will remain mostly consistent with the renderings that are shown here so these are for

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reference and the next slide sarah is the original landscaping rendering plan that was presented to

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the community and again much of what's being proposed here is consistent with this plan

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um so specifically um there were nine heritage trees that existed on this site prior to the

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reconstruction of the school seven were identified as you know to remain based on our arborist report

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at the time and prior to the beginning of construction we put proper tree you know

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protection measures in place um before construction began despite those best efforts five of the trees

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were compromised during excavation work and were identified by a new arborist in an updated report

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that they were unsafe specifically three of those trees created immediately unsafe conditions so

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they were removed and two of the trees remain on site go to the next slide next one

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this is our letter of support from the rco here we go um so trees two three and four shown on

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this plan were the ones that they created unsafe conditions in an immediate sense on site so

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they've been removed and seven and eight are proposed to be removed based on the recommendations

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of our arborist but in connection with those recommendations you know so we are seeking

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approval to document the removal of the trees that have been removed to eliminate those unsafe

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document the removal of the trees that have been removed to eliminate those unsafe conditions on

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conditions on site and also

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site and also get approval to take down trees number seven and eight shown on the right side

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of the screen um we are proposing replacement trees in connection with this removal obviously

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the replacement trees that are going to be planted here well exceed what is required

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based on the zoning district um and then our updated landscaping exhibit which sarah can

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speak to if anybody has any questions is relatively consistent with what was originally shown

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at cdr as well and does provide for the extensive replacement trees so while we're removing trees

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from the site we do feel that the replacement trees here are going to provide more and ultimately

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exceed the benefits that were originally proposed and they'll also remove safety conditions

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on the property okay do you want to have your testimony adopted by your client yes i do

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chuck if you could come up here

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i just get close to the mic if you could that's all right could you please state your name and

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spell for the stenographer okay my name is chuck calvinese last name spelled c-a-l-v-a-n-e-s-a

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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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please proceed counsel thanks Chuck did you hear the statements I made to the board this morning

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yes are they true and correct to the best of your knowledge yes would you adopt them as your own

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yes thank you um before I give it to the board just for information Michael Johns one of our

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board members recused himself because he was part of the the CDR process understood questions from

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the board I have a question um so the replacement trees uh if you can go back to one of the the

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The renderings had the numbers.

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Yes.

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So all of the replacement trees are in and around that area.

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I think they're spread out over the site,

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but there are street trees that are proposed along Academy and Willett.

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Sarah can better explain that.

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Sarah, you're going to need to be sworn in.

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Could you please state your name as Bill for the stenographer?

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Sarah Lieber, S-A-R-A-H-L-E-E, P as in Paul, E-R.

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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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Please proceed.

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Yes. So the replacement trees are spread out throughout the property, but there are significant canopy trees that are being put in the places where those trees have been.

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Okay. Thank you.

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Other questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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i see no hands at the sound chair planning commission thank you chair and good morning

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david vecto with the city planning commission chairman and board members the comprehensive

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plan recommends no change to the prior recommended no change to the prior rsa2 residential single

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family zoning at this location however in a subsequent zoning change the city rezoned this

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parcel to sp civ civic educational and medical which is designed for schools and other public

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facilities the appellant has shown that this project cannot be practically redesigned to

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protect the heritage trees for this critical public infrastructure the city planning commission

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recommends the board grant a requested special exception for heritage tree removal thank you

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mi2025 001 850 9125 academy road i vote yes

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Oh, Cheryl Gaston, my vote is yes.

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Tana Graham, my vote is yes.

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Thank you very much.

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Have a good morning.

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Thank you, Counselor.

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Thank you.

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Thank you.

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Number three, MI 2024-001-169-10914, Nadina Court.

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Morning again, Mr. Chair.

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Just for the record, please state your name.

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My name is Vern Anastasio on behalf of Sherzad Alamov, the owner of the subject property.

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And I see a letter of opposition from the Somerton Civic Association. So why don't you start your presentation, sir?

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Thank you.

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Mr. Chair, the initial application was for a three-family dwelling with at least the refusal came back noting a rear addition. We have removed the extra dwelling. We've had several.

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So, Chair, the initial application was for a three-family dwelling.

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Vern, we can't hear you. Vern.

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he knows he's got a problem

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can you hear me now we can sir very good i was saying that the initial application was for a

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three-family dwelling and legalizing the uh what they was considered an addition in the back

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we had several meetings with the rco and as a result we've reduced it to the by right two-family

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household living, bringing, making us just here for the de minimis, what is ostensibly a shed

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in the back. It is not necessarily, it's really not an addition. And we'll explain how that

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happened. Alex, the architect is here. We're going to have him testify as well. So as you'll

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see, it's relatively de minimis at this point.

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here's the property in question.

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You can say here is the,

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what is ostensibly a shed in the back now.

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There'll be no access to this shed

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from interior of the house

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and it will be used solely for the storage of,

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here it is here,

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solely for the storage of yard equipment,

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You know, a leaf blower.

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Here's the property here in question.

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A lawnmower, trash, leaf bags.

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Because the shed is attached to the structure, however,

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it is deemed an addition, a rear addition,

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when in fact it is not.

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This is the basement garage.

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It's a walkout.

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Here's the first floor of living space

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and the second floor of living space.

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Here's a cross section.

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Here's the storage shed.

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And again, there will be no access

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from the interior of the house to the shed.

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So there'll be no living space

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or anything like that this is a picture of the cul-de-sac these are primarily twins

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with ample side and rear space as you can see here the the addition of the shed is

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not adversely impacting anyone's lighter air there it is

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and ostensibly we are here for this shed at this point there is no other reason

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for a refusal the opposition letter was based on a much larger scale

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and with that i'd like to call alex the architect

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if you could raise his virtual hand

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will be rejoining us as a panelist sorry that's okay i'd like to move the 52 page documents uh

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52 pages of exhibits into evidence okay that includes the uh letter to the rco the proof of

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mailing we uh on separate separately we sent over proof of all taxes paid and the deed

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and if alex is here we could i guess swear him in thank you alex could you please state your

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name and spell for the sonographer good morning my name is alex duller a-l-e-x d as in david

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u-l-l-e-r 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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Please proceed, counsel.

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Thank you.

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Alex, before we get into the actual structure, you have been with the client at the RCO meetings

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and throughout this process from when it was a much larger scale until now.

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Can you please, in your words, explain that journey?

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So originally, I was brought in after this shed was built.

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We I was brought in after this shed was built to help the client legalize the shed.

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We realized we would have to go through the full zoning process due to the way it was built.

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And we we then basically we initially had it applied for a third unit after speaking with the RCO.

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We were told there was no way that would be approved, so we removed that and reworked the space to be, as Vern has explained, now a rear storage area for all of the equipment for maintaining the lot, and then a common area to the rest of the building,

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um which is essentially what the space was prior to him taking taking you know kind of going and

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doing these updates um and and we went to the neighborhood um met with the neighborhood uh

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definitely had mixed results with that hearing and now we are here today thank you

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and the uh do you want to talk about the plan the diminished de minimis nature of the of the

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addition um the basically the this is the way it was built um we it is essentially the minimus

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um the lot itself is extremely large um we aren't even close to you know overall coverage

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essentially if it wasn't built so close to the rear yard this could have been approved

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so if it was positioned in a uh you know in a different spot along that property

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it would have been a buy right is that correct yes thank you yes thank you i have nothing further

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for this uh unless you have anything else to add alex i don't think so thank you i'd like to call

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