civus
Hearing video

ZBA Hearing - November 9, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20235h 14m

Thank you.

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CHAIR, I'M JUST WAITING FOR PEOPLE TO COME ON IN.

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SURE.

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TAKE YOUR TIME.

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OKAY.

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IT LOOKS LIKE WE HAVE 52 ATTENDEES.

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YOU CAN PROCEED AS YOU WISH.

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OKAY.

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THANK YOU.

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GOOD MORNING, EVERYONE.

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MY NAME IS BILL BERGMAN, AND I WILL BE SHARING THE HEARING THIS MORNING.

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WITH ME IS OUR VICE CHAIR, ISMAEL SHAHEED.

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Present, Mr. Chairman

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Our board member, Thomas Holliman

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Present, Mr. Chairman

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And our board member, James Snell, who will be joining us a little later

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Also present is Hillary Emerson, our attorney

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And our executive director, Tanya Sunkett

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Here's our virtual format

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Be advised, proceedings are being recorded

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The video will be available by contacting Tanya Sunkett at phil.gov

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter a period of statement, call 267-270-5548.

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Leave your email and the address to the property in question.

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And finally, the question answer box on the screen is not for comments or testimony. All comments should be directed to our executive director, Tanya Sumkin. Let's look at our schedule this morning.

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Number one, MI 2023, 000404, 617 South 7th Street. That case is continued.

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Number six, MI 2023-002-366-2251 South 23rd Street. That case is continued.

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number eight mi 2022 006 737 619 north 39th street there's a request from council member

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gauthier for a continuance is jeffrey young in the audience

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good morning chair this is yvette benton i'll be your co-host today i see no hands at this time

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Thank you. So MI-2022-006-737-619-North-39th Street. That case is continued. Mark must be tried.

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Number 10, MI 2023, 000487, 2351 South Bonsall Street.

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Haeyoung Bak is the attorney for the tenant.

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The tenant is Haeyoung Bak in the audience.

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here i see no one by that name we have a david chandler with their hand up

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let's let's see if he has anything to do with this case yes he he does he would he would be the

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attorney for this case okay thank you david chandler has been unmuted and allowed to speak

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Good morning, Mr. Chandler. Could you state your name, please, and spell for the attorney?

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Oh, sure. My name is David Chandler, C-H-A-N-D-L-E-R, and I'm the – Helen Beck and I are the attorneys for the applicant, which is on –

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All right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Mr. Chandler?

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Yeah. Hello? Yeah.

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Yeah. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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OK, so we understand you don't do it earlier today that we did not have a signed copy of a lease.

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Well, what I did, the I we did get a signed copy and I emailed it to both the Ms. Emerson and the ZBA emails around.

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It was around 920 a.m. So we did.

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um so so then okay we're not going to continue that we'll come back and look at that once we

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have the signed lease okay so that we will be calling this case a little later okay okay

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a little later okay okay and mr chair i can confirm that i i did receive the email with

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and mr chair i can confirm that i i did

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the signed lease that's great thank you we'll call you back in a little bit sir okay okay

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thank you very much thank you sure number 14 mi 2023 000 463 38 57 poplar street

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uh michelle murray enlisted owner nikya yarborough this is a request from continuance

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from council member gathier we have no exhibits on this case and also the last hearing no one

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appeared michelle murray or nikya yarborough

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i see no hands at this time chair so mi2023 000 463 3857 popper street

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um there is no exhibits this is the second listing no one appeared the first time i vote to dismiss

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thomas holloman to dismiss ishmael shaheed my vote is to dismiss thank you number 16

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mi 2023 000 477 6207 catherine street brandy fulton is the owner pro se this is a request

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from Continuance, a request from Council Member Gauthier. This is a second listen. No exhibits

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and no one appeared the first time.

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I see no answer this time, Chair. Thank you. So MI 2023, 000-477-6207, Catherine Street.

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We have no exhibits. This is the second listing. No one appeared the first time. I vote to dismiss.

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Thomas Holloman, I vote to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Thank you. Are there any other requests for continuances?

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chair we have vern anastasio with his hand up he's been unmuted and allowed to speak

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good morning mr chair could you state your name please vern for the record and spelled please

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yes sir it's vern anastasio v-e-r-n last name a-n-a-s-t-a-s-i-o do you swear a firm to tell

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the truth the whole truth and nothing but the truth i do what case 2005 south fourth street

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i what um i would like to uh withdraw the case as a matter of fact

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thank you let's see here that's number two mr chair on the list thank you

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be right with you take your time

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Okay. MI 2022, 0003972005 South 4 Street. This case has been withdrawn.

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Thank you, sir. Thank you for calling in. We appreciate it. Yep. Any other requests for continuances?

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Sir, we have Alan Nockamson. They have been unmuted and allowed to speak.

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Good morning, Mr. Nockamson. Just for the record, could you state your name, please,

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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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What case, Mr. Nockmson?

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1725 Bainbridge Street.

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That's your request for withdrawal?

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That's right.

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I just never heard on the record that the case I didn't get to the withdrawals yet but but thank

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you and and I'm going to do it right now thank you sir thank you MI 2022 006 715 1725 Bayman Street

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that case is with withdrawal one any other requests for continuances

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here we have Kyle Levin they have been unmuted and allowed to speak

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good morning could you state your name please could you spell for the court stenographer

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my name is kyle levin k-y-l-e-l-e-v-i-n i am a associate of mr confirm do you swear or firm

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to tell the truth the whole truth nothing but the truth yes i what case do you want to talk about

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Yes. What case do you want to talk about?

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951

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951 Jackson Street.

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Mr. Chair, that's number 15 on the list.

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Okay. Thank you.

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Okay. What's your name again, sir?

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Kyle Levin.

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Are you the owner?

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I'm associate with the office of Mr. Joseph Consul of Consul Madison.

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Okay. All right.

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And this case is, let's see here.

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We have no exhibits. This is the second listing. Am I right?

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Yes. Joseph was only retained last night and the applicant was attempting to navigate everything himself,

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but has not done any of the required compliances and did not put his best foot forward at the RCO meeting.

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So we're asking for a continuance to jump in and do everything right.

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Thank you.

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Number 15, MI 2023, 000401951 Jackson Street.

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This case is continued.

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Mark must be tried.

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Any other requests for continuances?

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I see no further hands at this time, Chair.

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um number seven mi 2023 zero zero two three seven seven twenty six fifty five

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south hutcherson street ming sung young is the listed owner we have no exhibits this is the first

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listing chair we have a sam zoo with their hand up they have been unmuted and allowed

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I could you state your name, please, and spell for the court stenographer.

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Good morning, sir.

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State your name and spell for the court stenographer, please.

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Sam?

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Good morning.

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Good morning.

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

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Sao Sen Xu, S-H-A-O-X-I-A-N-X-U.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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So this case, we do not have any exhibits.

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Are you the owner of the property?

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No, I am the applicant.

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You're the applicant of the property.

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Mr. Zhu, as I explained to you in an email, I know you submitted the application, but only the property owner, because they are the ones that are really seeking the variance, they need to be requesting the continuance.

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They did try, but they are computer challenged, and they asked me to request the continuance.

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okay i mean we because we didn't receive exhibits and this is the first listing we can continue it

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but continuances need to be requested by them and they are the ones that are going to need

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to present the case to the board if they cannot do that they will need to hire an attorney

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i'm sorry i could hardly hear you can you repeat that please

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i'm sorry hillary this is tanya um can you just ask them to have the person just

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send us the letter and that would be totally fine

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say that again please sorry send a letter of the continuance okay by the owner okay okay i will

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yes thank you kindly i'm sorry hillary thank you so kindly am i that is fine

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MI 2023-002-377-2655 South Hutchison Street. This case is continued. Mark must be tried.

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And number 11.

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MI 2022-007-453-301-23 Spring Garden Street. Darwin Beauvais is the attorney. No exhibit second listing.

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Chair, I see no hands at this time.

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So MI 2022-007-453-301-23 Spring Garden Street.

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This case is continued.

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Mark must be tried.

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Want to go to our add-ons?

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and so number one mi 2023 003 765 1625 north 18th street this case

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765-1625-North 18th Street.

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This case will be voted on at the end of the morning session.

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Number two, MI 2023-002-113-301 East West Moreland Street.

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I vote yes with proviso.

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No sit-down restaurant, no sale of hot foods.

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Thomas Holloman, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Number three, MI 2023, 000460, 1515 Morris Street.

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I vote yes with proviso.

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Revised plans, one page, stamped by ZBA on November 1, 2023.

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Thomas Holloman.

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I'm sorry, I'm sorry, Mr. Trey.

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That should be November 8, 2023 on the proviso, just to clarify.

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Yes.

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On November 8, 2023.

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Thomas Holloman, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Yeah, we're going to go to our first list of the hearing, the first case on the regular list. MI 2023-002-360-742 Climber Street. Michael Peterson is the owner applicant. It's pro se. Letter of non-opposition from Bella Vista Neighbors and letter of non-opposition from Council Member Squill.

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chair michael peterson is coming back in as a panelist now

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mr peterson

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mr chair this is uh mike peterson good could you spell your name please for the court sonographer

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mike peterson p-e-t-e-r-s-o-n right do you swear or affirm to tell the truth the whole truth and

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nothing but the truth. I do. Okay. So this application is for the erection of two roof decks

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above the existing attached structure for use as a single family household living. Size and

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location is shown in the plans. The minimum front setback for the proposed roof deck

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from the St. Albans frontage is required to be five feet, whereas no setback as proposed.

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our vice chair has just a few questions for you sir okay yes mr chair okay

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good morning counsel do you agree to waive the reading of the refusal and stipulate to its

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accuracy i do have you emailed in all the required documents that are needed to proceed with this

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case five days in advance of this hearing yes mr vice chair thank you please proceed share your

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screen mr chair able to see my screen yeah we are we're we're fine yep all right wonderful uh sir

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this is what mr chair this is what i'd like to be talking about today uh and it sounds like you're

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able to hear me just fine this table of contents uh we'll move forward uh as far as the refusal

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goes, here is a copy of the refusal. As stated previously, the minimum front setback for the

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proposed roof deck from the St. Albans frontage, the required is five feet. We propose zero in our

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current plans. So as far as that goes, yeah, we're essentially requesting a five-foot set

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or a waive the five-foot setback requirement for the second floor roof deck structure.

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So I'd like to present my main testimony. This is the relevant portions of the plans that I'd

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like to talk about today. As far as the description of the house goes, what you're looking at is the

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south elevation. Currently, the way the house is constructed, it's a three-four row home. The

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first and second floors have a rear setback of approximately seven foot five inches. That's to

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accommodate a kitchen and a bathroom. On top of that, there is no setback, and then you have the

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original, I'm sorry, there is no bump out and that's the original structure of the house. What

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we propose is that we'd like a door on the third floor that leads out to an auxiliary structure on

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the second floor that simply accommodates a staircase that leads to the main structure which

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is on the third floor. As designed, we are unable to accommodate a five-foot setback from the St.

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Albans frontage simply due to the design plan. What I'd like to note here is if you look at

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At the east elevation, you can see the rear property line is six foot four inches set

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four inches set back from the front edge of the house. And then this is a description of that

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back from the front end.

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six foot four inch patio, ground level patio, and then that's what the second floor roof deck looks

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