civus
Hearing video

ZBA Hearing - July 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 30, 20255h 22m

any person may enter an appearance as an interested party you can and there are three ways you can

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identify the case property address on your zoom webinar you can see a staff member or you can

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call the zba appearance line by the close of business tomorrow call 267-270-5548 leave a

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leave a message that includes your email address and the address of the property of the appeal case

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message that includes your email address and the address of the property of the appeal case

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the following guidance is for our remote attendees first when directed by you must raise your virtual

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hand in order to be recognized to speak second if you're called to testify you'll be prompted

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to join as a panelist please accept the request and turn on your camera third the webinar q a

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is for questions about the hearing do not comment on cases in the q a fourth if you're participating

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by phone press star nine to raise your hand and star six to unmute for our in-person attendees

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let's look at our schedule for this afternoon

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number two mi 2024 002 704 225 west seymour that case has been continued

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until 2-11-26 at 3.30 p.m.

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And number three, MI 2024-002-714-227 West Seymour Street.

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That case is also being continued to 2-11-26.

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We're going to go to our first case, MI 2024-002-432-739 Tyson.

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Darlene Treat is the attorney.

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there's a letter of opposition opposition from the coordinating artist rco take back your

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neighborhood we'll be coming back into the panel shortly mr chair thank you very much

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good morning commissioners darling feet on behalf of the applicant

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hi could you spell your name please for their d-r-l-e-n-e last name three t as in thomas h-r-e-a-t-t

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes i do could you identify your client and the relationship to this property my client is on the

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owner uh augustine del orb right um do you um waive the reading of the refusal and agree

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with its accuracy yes why don't you start your presentation thank you

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can you see my screen I think you have to open it up a little bit pulled over

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Darlene.

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Darlene, you got to open it up. It's, it's too small.

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That's more. Yeah. Um, just give me a second.

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Miss three. Can you expand that window? I think that's the issue. It's not the document. It's

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the window, the square box in the upper right. There you go. Thank you. Thank you, Hillary.

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Good afternoon, Commissioners. I'm here representing the owners of 739 Tyson Street. I've submitted a packet of information which concerns the permit application, the refusal, the appeal, the property information sheet, the Philadelphia general property information, the deed, tax information, plans, pictures, community letter, proof of mailing.

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I also added the letter of non-support and email, which I'll address at another time.

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Commissioners, my clients actually received a violation for building a deck without a permit.

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They contacted me to file an application to legalize the deck and enclosing the garage.

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I actually did file the application, although there's a glitch somehow with L&I.

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They keep mixing my name up with another client of mine, Joseph Mulvey Hills.

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I've tried to correct it a couple times, but still keeps coming out the same.

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So this is the actual refusal, and you'll see on the refusal, we weren't really actually refused for the deck.

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we weren't really actually refused for the deck there's no language for the deck refusal we're

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There's no language for the deck refusal.

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really refused for enclosing the garage area commissioner i filed the appeal and i'm just

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going to refer to one thing in the appeal here basically the applicants wanted to enjoy their

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property more uh so they built a they did hire a contractor who incorrectly told them they didn't

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need a permit they built the deck and they enclosed the garage and basically they were just seeking to

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enhance the use and enjoyment of their property uh commissioners i'm just going to go down to

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the property information here and i just want to show you a couple things about the property

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which might give you a pause as to why they thought they needed more space.

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I'm just going to enlarge that a little bit more.

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So here's the property information sheet.

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You can see this is a fairly large property, but the livable area is only 1404,

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and it's only really a two-story property.

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Also, you'll see that it was a partially finished basement.

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Basically, the owners wanted to have the use of the deck and they wanted to close the garage area so they can use it for additional household living.

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This is the deed to the property.

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Okay, what happened there?

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Huh.

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Thank you.

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uh commissioners it seems as though uh there are a couple blank pages i don't know

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if my bandwidth isn't good but i do see that there we did could see some photos of the place

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i'll show you some photos but i had some plans that i wanted to show you of the property they

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look like they blacked out here i'll go to the photos

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so this is the front of the property you'll see is a two-story uh walk up

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uh it has a long uh walkway to get up to the front of the property that's a picture of the

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posting that's another picture of the front of the property and this is the rear of the property

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My clients built a deck here, and they enclosed the garage.

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You can see by the neighbor's garage area how the garage stood, and they have a door on the side.

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This door was existing already, and basically they enclosed the garage area and built a deck.

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The refusal is for taking away the accessory parking.

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My clients did advise me that they do not park under this deck here, that they do park on this street.

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So I don't want to propose that we still have a parking on the lot because they don't use it.

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This is across the street.

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All the houses pretty much look the same.

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That's a long view of the block.

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This is another picture of how the deck looks.

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and then i just took some other pictures of neighbors on their block who also have built

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decks on the back of the property and some of them have also enclosed the garage area

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for additional living space it's another deck another deck another deck another deck

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here's the letter that we noticed for the meeting we did meet with the community organization on

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september 5th probably five people from the community came and i believe four or three of

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them were for the actually the actual committee i did send out 101 notices and i did get a

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certificate of mailing that i provided to the organization

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um the last scheduled hearing was supposed to be

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on uh february the 13th and i received an email from miss emerson i believe on

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13th, and I received an email from Ms. Emerson, I believe, on the 12th, indicating that the

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the 12th

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councilperson had written requesting a continuance and that there was a lot of non-support from

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the community organization, which I was not aware of. I didn't have any objection to continuing

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the hearing to meet with the community again. Commissioners, I wrote the community. I tried

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to meet with them uh several times um after the hearing um to no avail i will show you the

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correspondence that i sent them this is just an updated uh tax um clearance

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but uh this is the correspondence that i wrote mr rudensky after that hearing that i've reached

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out to their organization several times since our meeting in september i did talk to miss

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Barnacky, she would call me back, but I could never get Mr. Rudinsky. I said it was my

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understanding, and this was from reading the letter that I wasn't provided with, that he had concerns.

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I'm just going to reshare.

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It looked like it kicked me off.

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are we trying to get back in darlene yeah i'm trying to get back in

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you're back on the screen yep very good thank you um i uh sent him a letter and indicated that um

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i would agree to uh to provide those to address his concerns and one was that we would get a

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building permit after the zoning is approved and that would address his safety concerns

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concerning the construction of the deck, and then he had a concern that the basement might be used

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for a rental. Commissioners, my client can speak to this. They don't plan to rent the basement out.

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If they wanted to have a second apartment, I certainly would have applied for a duplex. That's

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not their intention. Basically, it was a partial basement with a bathroom and a room, a family room.

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They wanted more use for the household, and they just enclosed the garage. They put a kitchen

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area down there they did and they use it they watch tv they entertain down there and they don't

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have to run up and downstairs to the kitchen they have a place there where they can warm up food and

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they have a refrigerator down there also and basically that's my presentation and i'm here

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to answer any questions and i can put my client on the line to take questions also why don't you

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bring your client on. I'm sorry, Commission, I couldn't hear you. Bring your client on, please.

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Mr. Dell Orbe, can you raise your hand, please?

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Okay, he should be coming back in as a pandemic shortly, Council.

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Hello

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Hi, could you please state your name?

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Good afternoon, Ms. Adele Orbe

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Can you state your name for the record, please?

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Wilmer Delorbe

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W-I-L-M-E-R-T

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D-E-L-O-R-B-E

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Ms. Adele Orbe, have you heard the testimony

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as presented to the

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Darlene, wait one minute, okay

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Do you swear or affirm to tell the truth

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the whole truth, nothing but the truth?

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Yes, sir. Alright, please proceed, counsel

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Ms. Adele

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Well, Orb, have you heard the testimony as I presented it to the board today?

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Yes, ma'am.

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And Mr. Orb, if I were to get you to testify, could you testify that the testimony I gave today was true and correct?

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Yes, ma'am.

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And would you adopt that testimony?

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Yes, ma'am.

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That's all I have.

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If there are any questions of the board.

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Questions from the board.

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You have photos of the inside?

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Unfortunately, I don't have the photos of the inside, and I noticed that today when I've submitted my presentation, but I'd be more than happy to provide the board within the next two days of inside photos.

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I couldn't open them on my machine today.

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I couldn't open them on my machine today.

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And also, how many, how.

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And also, how many houses around that property have enclosed their garages?

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Well, I've only seen, saw three enclosed garages, but I saw about six decks in the rear.

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Okay.

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How many properties have both?

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Two.

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And counting out was three.

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Okay.

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Okay. And is there an interior layout at all of what was done with the enclosed garage?

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Actually, my plans were just the exterior deck and rendering and a site plan and a rendering of the house.

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I did not have a layout of the first floor of the property.

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If you require that, I'd be happy to provide it also.

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i think we're not the basement because you're because the the issue is that enclosing the

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garage right so yes it is right so the basement is being used as family room so but so we'd like

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to see some photos and a layout of you know have they have they kept the garage and just put a

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doorway into the garage no no no the uh the garage was uh taken out and it is used as families as

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family space there there's no parking there no no no so so the two walls that that comprise the

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garage the two interior walls that comprise the garage they were taken out and it's all one big

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space downstairs or is that still a separate space but on the inside it's a separate space

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on the inside okay but i will provide you with the layout it's required yeah and were the two

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doors existing, or did they add another door in the rear? Only one door was existing. There was

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added another door in the rear. And the intent was not to try to go for multifamily? No, it's not.

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Additional door was added. Commissioners, I would have applied for a multifamily. I believe this is

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a RSA 3. It's a pretty big lot. I don't think applying for a duplex would have been any more

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difficult than applying for the enclosure. And I can have my family test, excuse me, my client

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testify to the use. And again, we are willing to have a proviso, no apartment use, no basement

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rental, because that's not our intention. Was the bathroom added to the interior addition?

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No, the bathroom was pre-existing. There was a bathroom in the garage?

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No, the bathroom's not in the garage.

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The bathroom is in the front of the property when you would come down the stairs from the kitchen.

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Okay, and the deck is also existing?

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The deck is currently existing.

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Okay, so when the deck was built, what is the foundation for the deck?

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it's just a uh wood um found i mean it's not a it's a cement foundation and with wood posters

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okay and so it was and it will because it was since it was done without permit so i'm saying

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like they they didn't pull poor footings they didn't dig and pour new footings no and commissioners

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One of the patrons who came to the meeting happened to be an L&I inspector, and he was concerned with the construction of the deck, which is why I offered as a proviso to apply for the building permit so we could come out and have the deck inspected.

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Darlene, did you put a gas range? Is there a gas range in the basement?

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I believe it's electric, but there is a range in the basement.

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Is there a whole kitchenette or just a...

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It's a kitchenette.

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Kitchenette.

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Do you happen to know why your client undertook so much construction without seeking approvals?

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According to my client, and he can testify to this, he did hire a contractor.

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We did look into going after the contractor.

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They don't exist anymore.

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And he was advised that he didn't need a permit.

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I think we need to see pictures and we need to see the layout if we could so that we can better

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make a decision about this. Questions from our attorney? I just want to know there's some

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documents related to the property and this email thread that weren't included with the packet the

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last packet that was submitted to the board so I mean if we're gonna accept

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updated exhibits or additional information anyway I would like to

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request a resubmission of the packet that was presented to the board today

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because it has additional documents. I will resubmit. Questions or comments from the

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I will resubmit.

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Questions or comments from the virtual audience?

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Thank you.

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No hands, Mr. Chair.

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Planning Commission.

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Madison Matera, Planning Commission staff.

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