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Hearing video

ZBA Hearing - November 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20224h 55m

So further out view, here's a side of the building showing the entrance to unit A, meters, gas

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boilers, water meters, kitchen for apartment A, there's apartment B, kitchen, apartment

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c entrance apartment c bathroom bedroom and apartment c kitchen

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and as i mentioned uh the tax clearance is coming here's deed and proof of ownership

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and i don't believe there's anything else of relevance to to that to that packet so takeaway

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uh always been a three unit seeking to re-legalize the use that because of a of a death of an owner

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and just my client inheriting it recently

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and stepping in to make it legal.

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We're hoping that we can reestablish that use

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so we can get three renter licenses

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and upkeep the property.

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Okay, do you want to adopt your testimony?

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That's it.

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Okay, do you want to adopt your testimony?

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I do.

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I do. Gregory, are you available? Can you raise your virtual hand?

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Gregory, are you available?

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Can you raise your...

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Mr. Finch, please unmute yourself or wait for the chair.

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

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First name Gregory Finch, G-R-E-G-O-R-Y, last name Finch, F-I-N-C-H.

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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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Yes, sir.

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Proceed, counsel.

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Good evening, Gregory.

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Did you hear my testimony just now about 504 North Pleasant Place?

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Yes.

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Do you adopt it as your own?

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Yes.

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Okay.

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Nothing further.

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Questions from the board?

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No, Mr. Chair.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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here we have charles richardson with his hand up okay mr richardson please unmute yourself and

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wait for the chair good afternoon mr chair how are you council could you uh please uh identify

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yourself charles richardson from the office of councilwoman cindy bass room 508 city hall

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right okay do you swear for him to tell the truth the whole truth nothing but the truth

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I do. Proceed. Councilwoman has no opposition to granting this variance. We are aware that

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most of the properties in that vicinity are zoned incorrectly, so we'll be addressing that in the

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short term, but there's no opposition to granting this variance. Thank you very much. We appreciate

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your call. Anyone else in the virtual audience? Chair, I see no hands. Planning Commission.

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sir ron bednar city planning this property is indicated for residential use on a city

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city plan given the surrounding use context and documented uh history our district plan

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recommended corrected uh zoning to rm1 at this location therefore we recommend the

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Requests of variance be granted.

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on the line, and he has to go. So please, the board, I'd like to start with Mr. Nardi.

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Mr. Nardi.

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

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Mr. Nardi, please unmute yourself.

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hi mr nardi could you state your name please and spell for the court reporter

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michael nardi n as in nicholas a r d as in donald i right do you swear for him to tell the truth

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the whole truth and nothing but the truth i do proceed counsel thank you mr nardi i have up on

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screen can everyone see this we can the plans for 1935 reed street could you please go through and

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explain to the members of the board the dimensions of this project okay so we're the area in question

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is the rear yard to be used as a as a parking space the total dimension of the rear yard is

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20 feet by 16 feet, eight and a half inches. The required width of a space is eight foot six

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inches. That would leave 11 feet six inches for a rear yard, which is more than is required.

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now in terms of the size of the space itself is there enough turn ratio based upon the plans

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in order for Ms. Lutz to be able to safely enter the area where the proposed parking space

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would be yes and do you understand her car to be a jeep compass

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yes and do you have the dimensions of that vehicle

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The dimensions, as verified, are 14 feet by 6 feet.

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Okay.

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And can you describe for the members of the board the other additional curb cuts that

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you're familiar with that are on this street?

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Well, there are multiple curb cuts on that street, mostly on the opposite side of the property.

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And there's one not directly across the street from her, but within 15, 20 feet of her rear yard, going towards Reed Street.

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Do you understand that Opal Street does not allow for legal parking?

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um i wasn't aware of that in the entire street but um i know there are signs posted where there's

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parking is is not legal and the side of the street where the curb cut

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for reed street would happen is that on a side where does that affect parking on that side

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no parking is on the opposite side of the street okay and with regard to this property are there

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any unique features that you can explain to the board about why this parking space is able to

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be accommodated at this property? Well, the property is actually situated on a corner. So

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at the front of the property faces Reed Street, and the side of the property faces Opal Street.

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and so it's unique in the sense that the rear yard is facing opal street that has parking on

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one side of the street it's not on the side of this street of this property and the rear the

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rear yard length of 20 feet also contributes to the uniqueness of this property excuse me council

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Council, are you going to use the rear yard setback for parking?

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Mr. Nardi, that's correct. The rear yard setback is...

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Right. The rear yard setback right now is 20 feet.

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Are you using it for parking?

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We'd be using a portion of that for parking.

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Well, that's one of your zoning refusals, that you can't use the rear yard for parking.

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Right, I understand that, and that's where we're looking for a variance for that condition.

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I mean, the other unique situation here is the fact that with parking in her rear yard,

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she takes a car that would normally be parked in the street, off the street,

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and by doing the curb cut at her rear yard, she's not taking a parking space away.

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Has the curb cut been reviewed by the streets department?

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curb cut been reviewed by streets department yes and what was their opinion well they approved

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they approved uh we do have an approval from the streets department

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okay but you're still not supposed to have uh parking in the uh rear yard setback

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right well it does it does provide for enough room for a rear yard and parking which is one

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of the issues in the zoning code that if if there is any parking in rear setback it has to

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retain at least a minimum of a rear yard setback which would be nine feet

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you have that yes we have 11 feet six with the allowance of eight foot six

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where my arrow is Mr. Nardi is that does that show where right what I'm showing right now is

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that 12 foot that 12 foot is is part of the rear yard setback and uh and then the eight feet uh

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is uh what was what I showed is allowable for uh the car to make the turn in but it's actually

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eight foot six but it still leaves enough for an allowable rear yard of nine feet.

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So therefore you have eight feet five which is eight feet six plus nine feet. Well it's actually

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eight foot six plus eleven foot six because there's 20 feet in the rear yard. Okay thank you.

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And Mr. Nardi while I have you still this is the side view of or the rear view of 1935

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Reed Street as you're facing from Opal? Correct. And across from Opal, on Opal, across from the

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side of 1935, is this the rear of 1339 South 20th, which shows a similar curb cut with a parking

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space? I haven't seen that. That was built since I've been there. So I would have to say if that's

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been documented as being the address, then yes. Okay. Are there any other questions for Mr. Nardi

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while I have him before I go through some more of the presentation? We're fine. Okay. All right. And

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thank you, Mr. Nardi. Okay. For the members of the board, our packet contained the

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zoning permit, the application for appeal, which we are seeking a variance because of the hardship

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here in this area due to the lack of parking. This variances the lease modification of the

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code to provide relief. It will not increase congestion in the public streets. In fact,

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as Mr. Nardi stated, it will take away a parking space that would ordinarily be in this difficult

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area where we find parking is substantially hard to find in South Philadelphia, as the board is

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aware. It will not permanently harm any of the neighbors, nor will it increase congestion in

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the public streets or undue burden on the water sewer or other public facilities. It will not

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create any environmental damage. The pictures that, oh, here are the deed for the property

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showing that she purchased it in 2016. We notify the near neighbors. Here's our proof of mailing.

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The zoning notice is posted. The refusal, and this is the front of the property of 1935 Reed

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Street. As you can see here on the side, this is Opal Street, which is a one-way street where the

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cars are parked on the sidewalk. That's how difficult parking is around here. They're taking

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a risk like playing checkers in order to find a spot that's not legal for the most part. This is

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the side which I showed during Mr. Nardi's testimony of the area where she would have this

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curb cut happened here and this side yard would be open. This is a view looking to the right of

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1935 Reed. This is a view looking to the left of 1935 Reed Street, a view looking across from 1935

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Reed Street. This is the rear of 1339 South 20th Street which as Mr. Nardi stated he had originally

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been out to the property. This has since been a curb cut with a parking space that was here

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which is directly across. If you were to see the opposite side, Ms. Lutz's property is right here

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at the bottom of the photograph where my arrow is. This is a photo of two curve cuts on 1935,

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down the street from 1935 Reed Street on the same side as Ms. Lutz with two garages here. You can

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see that the cars are able to enter here. On Saturday, we went out and took photos. This is

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On Saturday, we went out and took photos. This is how, again, difficult parking. This car here

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how again difficult parking

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this car

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has a ticket for parking illegally on the sidewalk, and these other cars are doing the same

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along this street. Down the street from 1935 Reed, this is townhouses where they've given up

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their rear yard in order to have parking in this area. We also found in the area at 1848 South

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reed reed street this is a property that has a side yard with a curb cut for parking

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and again we found something at 1900 south 19th street this is a side yard with parking

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and we already went through the plans at this time i would like to call my client kelly lutz

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Kelly, could you state your name and spell it please for the court reporter?

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Kelly Lutz, L-U-T-Z, Ms. Lutz, can you please put your virtual hand up?

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Ms. Lutz, please unmute yourself and wait for the chair.

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

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Yep. My name is Kelly Lutz, K-E-L-L-Y. Last name is Lutz, L-U-T-Z.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Proceed.

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Thank you. Ms. Lutz, have you heard my testimony here today?

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Yes.

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Yes. Do you agree with and adopt the testimony that I gave today with regard to your property

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at 1935 Reed Street? Yes. Ms. Lutz, what do you do for a living? I'm a registered nurse. And

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you are currently, where do you work currently? I work at Jefferson Methodist right on Broad

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the street. Okay. And what are your hours? I work at seven in the morning until eight o'clock at

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night. And I work in an operating room. So if the surgeries aren't finished by eight o'clock at

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night, I may get home even later than that, nine, 10 o'clock at night. And what is parking like

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in that area when you are coming home? It's very difficult, especially at night, I would say after,

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you know five o'clock it starts to get a lot more um difficult to park there thank you i have

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nothing further does the members of the board have any questions questions from the board yes

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mr uh chairman go ahead one of the um use refusal says lack of required rear yard death

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required is nine feet proposes zero can you explain that um i'm sorry so the plans show

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and that's what i don't know why it says zero because you can see here on the plans that it

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proposes and mr nardi just testified that it would be at least 11 feet i don't remember his

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exact numbers, but you have 12 feet here that would be available. That's not going to be taken

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up by the parking space. This is 20 feet across and parking space is going over 8 feet, which

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leaves 12 feet. But council, that's 20 feet across, but we're talking about death.

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I could be wrong, but I think when you put the car there, they're starting like the car takes

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away that nine foot that's what i think the car goes forward 16 so you this part here is 16 feet

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i believe eight and a half inches it has here um which is only going forward but you're i'm trying

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to i'm misunderstanding your question because it from what i understood from mr i think when i

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think when you park a car like that they're saying that car is taking the whole distant thing you

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You no longer have a yard when you do that.

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So it says rear yard depth, right?

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Rear yard depth.

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And when you put your car there, they're saying you don't have a yard.

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That's why it's here.

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That's not the way it's going to.

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It's going to look just like the other picture that I showed you across the street.

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It's not taking up the whole yard.

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It's just this one area, which would be 16 and a half, 16, eight and a half feet by eight feet.

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and it leaves the other 12 feet by 16 1⁄2 by 8 feet.

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It's not taking up the entire yard.

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the entire yard all right lynn thank you uh any other questions from the board

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All right, Lynn.

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Thank you.

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Any other questions?

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no mr chairman and mr chairman questions or comments from the virtual audience

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chair we have a betty buford miss buford please unmute yourself or wait for the chair

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hello hi miss buford could you state your name and spell please for the court reporter

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Betty Buford, B-Y, Buford, B-E-A-U-F-O-R-T.

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Right.

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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 affirm.

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Are you a neighbor?

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Yes, I am.

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Proceed.

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Well, when this was presented to us at our RCO meeting, it was presented by Dennis Lee.

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I don't know who this lady is.

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