civus
Hearing audio

ZBA Hearing - January 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 21, 20266h 17m

kitchen yeah it's kind of like any regular property if you will so when you look at the building like

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the side of it you think oh it's just like a traditional colonial bottom and top but it's not

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so when i bought it i was a little surprised too so you go in there's a living room then you make

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a left up the steps and those bedrooms and bathrooms sit over the commercial part of the

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space. And then when you go, when the tenant comes in, they come in and their living room's to the

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right. They go up the steps and one of their bedrooms sits over actually my unit. Got it.

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And then who's going to have access to the garage? Me. You. Okay. So not the commercial side.

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and then in terms of separation um one like what is your plan for sound attenuation

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and for fumes coming from the kitchen because this is now like not a you know cold sore stop

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and where it's your plan for exhaust and trash for the um and i mean i'm assuming you're invested

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because it will be under you yeah the exhaust goes to the roof for sure go ahead okay yeah so

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the exhaust um is going to go out on the street side um i'm very friendly with the neighbor there

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and she's on board like she supported came to the community and gave a vote for it and so we're

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going to put the exhaust actually on the street side so it won't even touch any of the neighbor

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danielle's property and it will go straight through the um roof and then your second question

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was about trash which i talked to mike because you're thompson thompson street thompson street

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side okay yeah away from the neighboring home that uh on lehigh and if i give a little little

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little bit more clarity around that pipe's going to go so with the engineers so you have the

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restaurant and the reason why i'm keeping the unit for myself is for things like this

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we're going to actually run the pipe so it's actually right next to my restaurant so it's

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out of the way of the restaurant it's out of the way of the neighbor so the only unit that might

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be impacted is my actual personal townhouse that i'm keeping but it's really going to be out of

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the way because we're redoing the facade of the building so the way they're doing it it's going

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to be captured within that facade so you won't even see it to the naked eye okay yep and the

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trash i can answer that question go ahead so in the basement we're having a uh a special room

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built and we're going to have trash pickup three times a week commercial trash pickup because when

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i met with the neighbors the only concern i'd say they had is is there going to be a lot of trash

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outside and i said not at all we're going to build a room down in the storage area the basement area

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all the trash we kept there and i'm going to pay three times a week for commercial property

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uh commercial pickup to happen okay and then is your plan for deliveries that they're going to

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happen on the Thompson Street side. Yeah, exactly. There's built-in doors that go into the ground

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there. Okay. Yep. Excellent plan for your trash. Thank you. Just the thought process that you have

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in terms of consideration for your neighbors and the exhaust. I think more business owners

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should think like you thank you here you go here you go yeah that's nice to hear

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i'm sure it is questions or comments from our attorney hillary emerson um i just just wanted

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to note for the records it doesn't say on the refusal that there will be two dwelling you're

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proposing to keep the two existing dwelling units at this property correct yes all previously

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approved use is uh of course this was typically what i put on all my applications yeah no it was

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it wasn't on the refusal that's what right that's why i was making it up for the record thank you

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yep so hillary walbert twelker provisably first floor and basement only

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okay all right questions or comments from the virtual audience

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planning commission amy boy with the planning commission the comprehensive plan recommends

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no change in zoning at this location from the existing cmx1 commercial mixed use

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The proposed takeout restaurant is in character with the commercial natures of the property on this corner.

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the proposed takeout restaurant is in character with the commercial natures of the property on

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this corner.

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The planning commission recommends that the board grant their Crest variance for takeout restaurant.

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MI 2025-005-415-2627 East Lehigh Avenue. I vote yes with proviso. First floor and basement only.

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John, my vote is yes with proviso.

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I'm going to abstain since I wasn't here for the entire presentation.

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Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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Thank you all.

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Thank you.

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Ryan, you have one more at 3.30, right?

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Yes, sir.

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Okay.

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Is there anyone in the 2 p.m. list whose case has not been called?

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I see no hands. We're going to go right to the 330 list. Good afternoon, everyone. My name is

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Bill Bergman. I will be chairing this meeting in the Philadelphia Zoning Board. With me is our

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board vice chair, Tanetta Graham. Present, Mr. Chairman. Our board secretary, Cheryl L. Gaston.

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Present, Mr. Chairman. Board member, Michael Johns. Present, Mr. Chairman. Board member,

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Ty Wynn. Present, Mr. Chairman. Board member, Ryan McAdams. Present, Mr. Chairman. Also present

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is our attorney, Hilary Emerson, our Zoning Board Director, A.N. Haggerty, and our Board

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Administrator, Lakeisha Dandy. Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded. This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name

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and then wait to be sworn in. Once you've been sworn in, please state your name each time

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before beginning your testimony. Any person may enter their appearance to become an interested

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departing the case there are three ways to enter your appearance you can identify the case address

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on your zoom webinar you can see a staff member or you can call the zba appearance line by the

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close of business tomorrow call 267-270-5548 leave a message that includes your email address

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and the address of the property of the appeal case the following guidance is for our remote

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attendees when directed you must raise your virtual hand in order to be recognized if you're

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called to testify you'll be prompted to join as a panelist please accept the request and turn on

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your camera the webinar q a is for questions about the hearing do not comment on cases in the q a

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and if you're participating by phone press star 9 to raise your hand and star 6 to unmute for

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our in-person attendees refrain from talking eating or drinking during the hearings verbal

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and physical aggression will not be tolerated. Restrooms are across from the elevators. A water

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fountain is just outside the room to the right. When speaking on the record, you must speak

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directly into the microphone in order to be heard by all attendees and the court reporter.

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In the event of an emergency, please follow the directions given over the public address system

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or by the staff. The main exit is through the double doors at the rear of the room.

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The nearest stairwell is to the left outside the doors. In case of an evacuation, the rally point

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is at Love Park, directly across to Art Street.

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Please remain there so we can account for you.

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So let's look at our schedule for this afternoon.

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Number five, MI 2025-004-410-500 West Duncan.

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Sonia Drummond is the listed owner.

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There are no exhibits.

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This is the first listing.

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Jared, this is Ian Haggerty. I'll be your co-host for this session.

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Thank you.

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Sonja Drummond has been promoted to.

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Okay.

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Sonja?

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Yes.

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hi sonya could you please state your name and spell for the court stenographer

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sonja drummond s-o-n-j-a-d-r-u-m-m-o-n-d do you swear or affirm to tell the truth the whole truth

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nothing but the truth yes sonya we do not have any exhibits we didn't get your package um yes i'm i

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am i'm prepared so i was going to ask if i it can be postponed okay so what we're going to do is

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going to continue your case yes um it'll be continued to 6 16 26 at 3 30 p.m and that'll

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be mark must be heard if you have any questions call the staff and they can help you prepare your

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case or tell you what you need to put in your case okay okay thank you all right thank you very much

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is there anyone requesting your continuance

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i see no hands jerry so number one mi 2025 004 309 120

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So number one, MI 2025-004-309-126, Alexis Lane.

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Pasquale Calavito is the attorney.

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There's a letter of support from Greater Busselton Civic.

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And there's also a letter of non-opposition from Council Member O'Neill.

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Mr. Calavito is rejoining as a panelist.

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Okay.

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Let's see. Good evening, everyone. Good evening, counsel. You've already been sworn once today. Could you identify, just state your name for the record.

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Or Pasquale Colavita, P-A-S-Q-U-A-L-E-C-O-L-A-V-I-T-A.

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Could you identify your clients and their relationship to the property?

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Yes, I have Mr. Chen and Mrs. Zhang.

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And also we have Helen Lin, who is going to translate in the event that we need her.

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No, we can't do that.

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I don't think we need her.

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But we're not going to let her testify.

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That's fine.

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All right, so you're going to have to get your clients, all right?

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That's fine.

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Okay.

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Our vice chair has a few questions here.

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Okay.

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Good evening.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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I have.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Okay, thank you.

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You can share your screen and proceed with your case, please.

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Thank you.

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Okay.

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Again, Pasquale Colavita, attorney for Xi Chen and Fang Zhang, the owners of 126 Alexis Lane.

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This is their home that they purchased in, I believe it was 2019, and they unfortunately built, we're here for legalization of a non-conforming use.

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This is a dimensional variance that we're requesting, and we received a refusal upon application by my clients.

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They built a deck or action out of the deck. They built a structure that needs a 25 foot rear yard setback.

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It does not have that. We filed an appeal and that's an exhibit three copy of the project information form at exhibit four was submitted.

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And here's a copy of the plans that were submitted, and I can go through these before I get to I'll go through exhibit six head is attached are the notice to the neighbors.

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We met with the RCO and as previously stated, there's a letter of support as well as a letter of non opposition after our meeting.

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At Exhibit 7A through C, I will submit photographs, and Exhibit 8 and 9 are the letter of support.

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And it's not a tax clearance certificate.

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I, for some reason, had struggled in matching the names with the Social Security numbers for it, but their taxes are paid in full, and I have proof of that.

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So back to the plan itself, which I presume is going to be the question, the most questioned part of this.

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So as you can see, there are two structures.

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One is the side yard that is there.

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There are no issues on the dimensional, any issues with that.

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But the rear one is the one that we have.

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There's a 10-foot setback, whereas a 25-foot setback is what is required.

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Even prior to any addition being constructed there, it was 24 feet 2 inches to that dotted line.

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So the roof line comes out a little bit further, but the back wall is 24 feet 2 inches from the rear.

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there's a fence there right now so what I can do is show you photographs of it and then we can get

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back to questions about it so this is proof that it was properly posted see if I can make these a

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little bit smaller so take it back a little and it was done with prior to 21 days in advance

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show you some photos of this is the structure that we're we're discussing so we are here for

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the legalization of a non-conforming use today uh the the present homeowners uh constructed

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around 2022 um i guess one of the arguments here

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around 2022 i guess one of the arguments here is that it has no effect or enjoined on a neighbor's

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use or light and air and i would like to say that it's the least modification possible

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as you can see the the rear yard there's plenty of space here and there's a side

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So then if we go to other photographs, so the argument here is also that there are other properties and I have them listed in the table of contents and I can show you from the photographs that we have other properties with similar structures that have less than the 25 feet of rear yard space.

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There are 12 of them that I have delineated, from 121 Alexis Lane all the way through to 130 of Alberger Avenue.

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I don't believe that I submitted the table of contents, so just for the record, I'd like to state them, if you don't mind.

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121 Alexis Lane, 127 Alexis Lane, 114, 120, 125, 127, 129, and 130 Delia Lane, 9224, 9232, and 9234 Darlington Road, and 130 Alberger Avenue.

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All of those properties have similar structures in the rear.

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And the one right behind it, I'll show you photographs of them.

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So here is a cop photographs of the 123 Alberger Avenue that shows the rear.

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I mean, can't see by foot, but by but those are additions that have been put on there.

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My name, my clients had gone through the neighborhood and photographed them.

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But I found other ones that I saw from Atlas, and I can show you a global of those.

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Even the property directly behind it has significantly less than the 25 feet.

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We have, again, 9280 Darlington.

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All of these are in a cul-de-sac as well as the properties that they're all within one block of my client's property.

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9280 Darlington Road, you can see from the street that this rear addition is very similar to the one proposed for an approval here.

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9272 Darlington, again, comes well within 25 feet.

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I mean, I know that we don't have a tape measure here, but it's pretty evident.

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this is one that i actually did not even place on it but this is less so only due to the fact

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that this is a side one there is no setback there so if we go again the greater busselton

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they they did not oppose and actually supported the matter and last one is showing that

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The taxes have been paid. You know, the last one is the 50. This is 2026 year. I'm sorry. I'll highlight it. This is 2026. So it's not yet due.

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I can stop sharing this for a second and I can show you overview if you would like to take a look at other properties or I can take some questions if you have any.

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would i don't i mean i i think you're going to keep showing us the same thing um i am i mean

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in essence i guess the question the question is you know um when did they build this and

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and how did you and let me ask this you you just showed us things everywhere how did you end up

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here did l and i cite her or cite them they are so i there are violations on the property from

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what from my review of what i saw in there and that was in at the end of 2024 so the answer is

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yes they did uh then file cited now they had to come and get a variance for the space in the back

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from what from what i can determine yes okay all right questions from the board yeah could you

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clarify for me um so there was a side edition and a rare edition and the photos that you showed us

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were of the side edition not the rare edition is that correct no i showed you both but i i will

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share it again and i'll bring them thank you bring it back up for you and while you show

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And while you show the pictures, can you outline what is happening in those additions?

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the pictures. Can you outline what is happening in those editions? Sure.

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Sure.

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So.

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Okay, that's the rear addition.

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I mean, is that a room that's attached to the house?

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