civus
Hearing video

ZBA Hearing - July 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20215h 54m

he a you with the city planning commission where it's from it's all truth all truth nothing but

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the truth yes sir i do thank you sir uh mr chairman members of the board the comprehensive

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plan recommends no change in the existing single family zoning for this property this is a 611

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square foot lot adjacent to other small lots many of which have off-street parking on a street with

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no legal on-street parking.

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The lot is uniquely sized,

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so applying the zoning codes,

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open space requirements would be a hardship.

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We recommend approval of the parking

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and rear yard variances.

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We recommend disapproval of the variance

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for not setting back the roof gap.

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Thank you.

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So as I said, the record is closed.

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We'll be waiting a tax clearance

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before a vote is taken on this matter.

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All right, thank you.

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Thank you.

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Number three, MI 2021-0013242111 West Berks Street.

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This was the first listing.

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Did we have exhibits?

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anyone here for 21 11 west burke street

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i see no hands at this time chair thank you this just being a first listing we this case

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will be continued thank you uh number four on our list mi 2021 that's 001 313 25 herman street

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mr mulvihill i believe is the attorney of record uh there is a letter of non-opposition

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or support from the faith community development corporation with a proviso regarding trash being

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stored in the rear yard i'm sorry chairman good morning chairman members of the board leo mulvihill

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m-u-l v as in victor i-h-i-f-l address is 24 i'm sorry address is 215 green street philadelphia

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19125 do you swear or firm to tell the whole truth and nothing but the truth i do you agree

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to waive the reading of the refusal and stipulate to its accuracy i do have you emailed your exhibit

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packet with proof of ownership tax compliance refusal referral vote is under plans of the

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property five days in advance of this hearing and have you met with the rco and do you have a letter

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Yes, I have not received a copy of the letter, but as I was logging in, I understand that the board has.

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Is that correct?

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It is correct.

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And that was a letter of support?

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Yes.

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Okay.

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With a proviso.

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So you may present your case now.

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Certainly.

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So members of the board, I'm now sharing my screen for my zoning packet for 25 East Herman Street.

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My client, Brandon Ross of BR Realty, is on the line.

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I'll show my sidebar.

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At the Refusal Appeal of Project Information Form at page 1, area zoning maps at 7, deed at 9, client's commercial activity license at 13, tax clearance I do not yet have.

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We're still working on a tax assessment issue with the city. I have correspondence from the city included with that.

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Zoning notification letters at 15, the RCO letter support I don't have in my packet, but I understand this board does.

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Photos of property at 18 and floor plans at 37.

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So members of the board, now I'm showing you page three.

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What we're asking for is two family dwelling and an existing structure.

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The structure, when we go to go see it, caught on fire a few years ago.

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Mr. Ross recently picked it up.

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There were some tax issues that he was clearing up after, I believe, a sheriff sale.

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And that's what we're still kind of working on with the city right now.

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We don't have our tax clearance information.

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But in any case, he wishes to do a renovation of the property.

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This is where our property is located on Herman Street, right off of Germantown Avenue.

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It is an RSA 3, RSA 5 mixed zone area.

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Here's an area shot.

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Our law in particular is indicated by that blue pen.

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My client's deed here is at page 9.

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My client's commercial activity license is listed here at 13.

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and then correspondence dated July 15th, indicating that everything would be linked for BR Realty.

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This company that owns the property would be linked to this prior commercial activity license, which I'm showing now at page 13.

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With respect to the taxes on the property, I have correspondence from Ms. Leah Harper, that's L-E-A-H Harper, H-A-R-P-E-R,

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from the Office of Administrative Review Tax Review Board

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with regard to an adjusted tax bill

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having to go having with regard to an adjusted tax bill that we're working on with Mr. Ross

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that we're working on with

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towards the total amount balance due so we can be on our payment plan which we aren't there yet

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he had a hearing we're waiting on the final assessment as far as I understand that in order

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to get that final bill to get him on this plan to get us tax clearance I'll have Mr. Ross testify

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as to any of that if that's necessary for the board

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there's a zoning notification and a proof of mailing members of the board this property here

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which you can see it previously been on fire this is the structure that we're talking about

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that's showing now on page 18 of my packet it's the rear of the property

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this is herman street looking uh westbound now we're going to just do a 360 of the block

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there we go these are some other multi-family properties that are located on the block

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it's three units it's three units three units off to the left

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that's that same building from page 31 these are photographs of the posting

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so members of the board very simply this is two family dwelling the first family dwelling

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the first unit is on the first floor in the basement there are no bedrooms in the basement

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the second unit is on the second and third floors in the basement we have a lounge area

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utility area and a full bath we have washer dryer and storage area as well that's for the first

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floor unit. If you were to go in the front door, hang out to the right, you have living, kitchen,

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bathroom, and a bedroom to the rear of the property. Going up to the second unit, you go up

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your stairs, come up the stairs, you get up out of the stairs in the kitchen, living area, bedroom

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to the front, bathroom to the rear. Then on the third story, for that second unit, you have two

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bedrooms up top. So it's three bedrooms for the second unit and one bedroom for the ground floor

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unit. Mr. Ross, are you available on the line? And if so, would you please unmute?

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Ross, are you available? Mr. Brandon Ross.

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mr okay he just raised his hand one second there we go thank you mr good morning sir

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when you and please identify yourself with the record spell your name and i'll show you

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yes good morning uh members of the board my name is brandon ross uh owner of br realty i'll see

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spell your full name please yes uh b-r-a-n-d-o-n and last name ross r-o-s-s

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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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Great.

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Well, thank you.

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Mr. Ross, you've heard my testimony today?

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Yes.

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Specifically with respect to the taxes outstanding on the property and that issue?

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Yes.

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Is there anything you'd like to add today with respect to this?

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No, the taxes, they were initially like $17,000.

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I paid $13,000 to get the property removed from the sheriff's sale.

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That was done.

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Then I had a hearing.

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The remaining balance was $5,500.

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I had a hearing, which I was granted.

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Granted, they waived 100% of the interest and penalty, and they waived 75% of the principal,

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which left a balance of 2300 and that's the um that's the new assessment that i'm waiting on

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from the tax board so that i can once i receive that i'll take that down to the um department

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of revenue and then i'll get on a payment plan for the 2300 great thank you no problem

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thank you would you adopt my testimony as your own otherwise mr ross

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i'm sorry would you otherwise adopt my testimony in this matter as your own

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oh yes sir thank you any questions from the board no anyone else would like to testify in this case

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please raise your hand yes mr charles richardson mr richardson you can unmute just

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good morning mr chair identify yourself and i'll swear you in charles richardson from the office

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of councilwoman cindy bass room 312 city hall for him to tell the truth nothing but the truth i do

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councilwoman is not opposed to granting this variance

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Councilwoman is not opposed to granting this variance.

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There are two provisos that I don't know, you know, if both can be applied, but at least I know one can.

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The trash from units is to be stored in the backyard of the property.

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They were also asking no blocking of the driveways during renovations, which I don't know whether that can be actually applied.

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But the councilwoman is not opposed.

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Mr. Richardson, I did see that second proviso.

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So it's not something that the board can add as a proviso, but maybe Mr. Mulvihill could get his client to confirm on the record that the driveway will not be blocked during construction.

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We'll do our best. If there are any blockages, it'll be intermittent at best.

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Sometimes you just have to unfortunately stop a vehicle somewhere, but we'll do what we can.

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We won't permanently block the point of egress because as for a business, it's actually located behind our property.

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so we don't want to do that right and i'm um can you guys hear me yes yes i'm sorry and i also um

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introduce myself to my surrounding neighbors as well as um my neighbor that

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that uses that business it's a garage couple garages back there um one gentleman name is kyle

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and the other lady her name is uh shaman and um you know we we're friends already and you know

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if any issues were there, you know, she would call me if I'm not already in the area, you know,

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monitoring the construction. So we will not be permanently blocking the driveway, you know,

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denying access to anyone that comes and goes. Thank you. Is there anyone else who'd like to

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testify in this case?

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there's no more hands here thank you planning commission good morning david facto city planning

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commission mr chairman members of the board the comprehensive plan recommends this property for

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residential single-family use this is an existing row home there is nothing unique about the property

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that would prevent it from being used in conformance with the code we recommend that the board deny the

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requested variance. Thank you. MI 2021-001313. 25 Herman Street. The record is closed. The board

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the board will make a decision on this matter once we have proof of the tax clearance. Thank

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you members of the board. MI 2021-000964-3133 Lanville, please.

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Is there anyone here on Landville?

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Good morning Mr. Chairman, members of the board, Vern Anastasio on behalf of the owner

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Mark Mastrangelo for Landville. Can you put your name and address on the record and spell your

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last name? Yes, please. Vern Anastasio, A-N-A-S-T-A-S-I-O, 1315 Walnut, Suite 1006, Philadelphia,

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19107. Do you swear or affirm to tell the whole truth and nothing but the truth? I do. Do you

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agree to waive the reading of the refusal and stipulate to its accuracy? I do. And have you

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email the exhibit packet with proof of ownership tax compliance copy of the refusal and referral

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photos under plans of the property five days in advance of this hearing and have you met with the

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RCO and do you have a letter yes to everything I did not meet with the RCO I spoke with them

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their position was this is such a minor issue that they just sent a support email

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okay you may proceed thank you please permit me to share my screen

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mr chairman members of the board this is for the removal of a front window

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erection of a front deck with access door on the front first floor as part of an existing

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single-family home. It's actually not a deck, it's more like a Juliet balcony, but for L&I

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purposes, they're calling it a deck. Here are the plans that show the deck. Here's the front elevation.

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Here's the deck framing, here is the

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Here's the deck framing.

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Here is the double doors that replace the window. Now they'd like to do a

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little Juliet balcony just for protective purposes.

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That constitutes a deck with respect to the L&I examiner.

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We have universal support from everybody on the street.

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signatures of that effect we have an email from Barbara Kaposi who's

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Packer Park Civic Association board chair saying that she's reviewed the

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materials and she's not even sure why we need to go through the process full

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support proof of posting and again there's additional photos there's the

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flyer. And I have nothing else. With that, I'd like to ask my client, Mark Mastrangelo,

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to identify himself. Mr. Mastrangelo, please identify yourself. Spell your full name, please.

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Hi, it's Mark Mastrangelo. It's M-A-R-K-M-A-S-T-R-A-N-G-L-O.

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You swear to affirm to tell the truth, the whole truth, nothing but the truth?

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I do. May I proceed? Yes, please. Thank you. Mark, did you hear my presentation to the board

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this morning? Yes, I did. And is it true and accurate to the best of your knowledge? Yes,

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it is. And would you adopt it as your own testimony if need be? Yes, I would. Thank you

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very much. Mr. Chairman, that's all I have. I'm here for questions. Questions from the board?

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no no anyone else would like to testify in this case if so please raise your hand

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no hands at this time chair thank you planning commission

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good morning david fecto city planning commission mr chairman members of the board the comprehensive

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plan recommends no change to the existing single family zoning for this property

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there is no unique physical characteristic of the lot that would require a front deck to be built

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The proposal is also out of character with the rest of the clock.

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We recommend that the board deny the requested variance.

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Thank you.

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MI 2021-000964-3133 Landville Place.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you all.

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Case number 7, MI 2020-001-841-3469 Crystal Street.

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I believe there was a notation that the applicant must be represented by council.

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Is there anyone here for 3469 Crystal Street?

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Yes, I have two hands up.

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I have a Stanley.

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And he's coming in now as a panelist.

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Mr. Stanley, are you for this case?

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