civus
Hearing video

ZBA Hearing - October 2, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 2, 20245h 55m

you wish to send that in

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you can send it by close of business

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tomorrow

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and we can add it to the record in this case community benefits agreements or private agreements

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between community groups and applicants and so they do not need to be sent to the zoning board

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and they're really not something the board considers because it's not it's not something

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that is you know enforceable or overseen by the city is that why excuse me is that why mr voss

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may not have listed it on his

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letter of support.

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Probably. Because the attorney did agree to it. I had sent everything to the same exact email address that Mr. Ross had sent his to as the direction on the system about it.

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Probably. Because the attorney

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did agree to what

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I had said.

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Like if you wanted to add, you wanted to send documentation, but I can resend it. I just would need to verify what the address is.

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All right. Well, we will put the emails that that the letter needs to go to in the chat.

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Can I ask Mr. Devin a question?

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As in regard to the CBA agreement that he did agree to.

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Yeah, but but we don't do this. I understand, sir. I understand, chair.

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That's OK. But I just want because he is on here.

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I don't want, you can't ask them a question about the CBA.

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But thank you for your time and we appreciate your comments.

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Is there anyone else in the virtual audience?

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Were there any provisals in the letter?

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I say from the coordinating RCO, there were not.

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I did not see the letter from King Sessing RCO.

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did the owner say that they were going to do a cba i mean can we ask that i mean

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could you help us with that council yes yes sir um so just just to give clarity they the

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the rco acts that we participate in like a coat drive and uh things like that we did agree that

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we would do whatever was necessary to help keep the neighborhood clean and and care for the

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neighbor and be good neighbors did you did you agree to come to submit to a do a uh a formal

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community benefits agreement i think that was the question no you did not okay thank you

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council was there any uh provisos that were given to you no thank you um questions or comments from

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the virtual warnings anyone else i see no hands chair planning commission thank you chair bergman

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and good morning david vecto with the city planning commission chairman and board members the

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comprehensive plan recommends a change in zoning at this location from rsa 5 residential single

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family to rm1 residential multifamily the proposed zoning would allow three dwelling units by right

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The City Planning Commission recommends that the board grant their proposed use variants for three dwelling units.

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MI 2023-003-683-5021 Woodland Avenue, I vote yes, maximum three dwelling units.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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I win, my vote is yes, with proviso.

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thank you thank you counsel number four mi2023 005 926 3223 west burke street pasquale

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colavita is the attorney um tenetta graham uh from the board has recused herself for this case

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Mr. Colavita is coming back in as a

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panelist now, Chair

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Good morning

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Could you please

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state your name and spell for the court stenographer

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Absolutely, Pasquale

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Colavita, P-A-S-Q-U-A-L-E

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C-O-L-A-V-I-T-A

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Attorney for

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HASA Construction, LLC

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and its member

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Jorita Hassa

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J-O-R-I-D-A-H-A-S-A

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she is one of the

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two members of the LLC and she's

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present. Do you swear

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or affirm to tell the truth, the whole truth, and nothing but

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the truth? I do.

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And there's a letter of unanimous support

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from the Strawberry Mansion CDC

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based on revised plans.

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Our vice chair has a few questions, sir.

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Good morning, counsel.

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Do you agree to weigh the reading of the refusal

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or stipulate to its accuracy?

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We agree, and we do so stipulate.

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All right. Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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We have.

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Thank you. Please proceed and share your screen.

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Thank you.

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I'm going to try to do this in a more expedited fashion due to the simplicity of the case.

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Again, this was a RSA 5 district. We received a refusal due to the overlay. It was a request for a new construction on an empty lot for a three-story building and two-family dwelling.

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Again, this was a RSA 5.

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The initial plans indicated that there would be a rooftop deck.

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After our third meeting with Strawberry Mansion Community Development Court, we came to provide concessions with the build.

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The biggest concern was the way that the front was going to be constructed.

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We made changes to that.

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And with that, as indicated earlier, at Exhibit 13, we received a letter of support, a unanimous letter of support from Strawberry Mansion.

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So Exhibits 1 through 13 are listed here in the Table of Contents.

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As I indicated within my initial comments, the notice of refusal is attached as Exhibit 2.

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I'm not going to go through every single one of them.

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What I'll do is I'll show you the revised plans with the proviso, the renderings, and the photographs,

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and just indicate that the prior use of this property was that of a three-family dwelling.

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and there were just I gave four other examples that are right next to it with two families and

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three family dwellings also and I'll also show you some photographs of the neighboring properties

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as to show how this property fits with with those within so this is the initial plan as you can see

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it had a bump out and a rooftop deck. The new plans have no bump out, no rooftop deck,

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and has, I want to call it, I can't remember what the architect indicated, a stable roof,

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I think is what it was referred to. And one of the concerns of the neighbors was obviously trash

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location where it was going to be placed. It's going to be stored inside. There is no

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uh front storage of of the trash and if i scroll down here is the revised proviso

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plan remove the rooftop deck remove the front bay otherwise

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the calvito mr calvita

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awesome

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Council, we lost you for quite a while there.

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Oh.

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You just disappeared.

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Can you tell me where it was so I can go back?

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I think you got to go back a little bit.

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Did you see the architectural plans?

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we i'll tell you when we last let you weren't sure what the roof was oh it was i think they

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call it a stable roof um so this is a okay so that um i'll scroll back up so

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as you can see one of the concerns of the community group

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we're losing you again sir

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is stored inside council council we look we look we lost you again i don't know what's going on

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um i got i seem to have full access okay so um trash storage is inside

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the do you still have me we're we're good i'll let you know okay remove as the proviso indicates

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remove the rooftop deck and the front bay the rendering this is what the property should look

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like at um completion notification to the neighbors was done for the third time

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i'm not going to go through each of the exhibits unless you want them for uh previous use this is

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I'm losing you again.

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Mr. Colavito, would you like trying to go out and come back in?

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the older properties.

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The older properties.

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Mr. Calvito,

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Mr. Calvito, do me a favor.

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do me a favor. Go out and come back

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in. We're going to see if that works.

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Because we lost you again.

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Okay.

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Chair, while Mr. Calvito is going

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out and coming back in, we have a hand up

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from Joseph Consul.

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Is he related to this case, to your knowledge?

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It's

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a few other cases coming up.

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Oh, okay. He just put his hand down.

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No worries. Thank you.

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Mr. Calvino, are you back?

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I am.

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Let's try again. Try to start where you left off.

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Hopefully you saw all of the photographs of the neighborhood.

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We did.

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Okay. And then I'm basically done. I mean, here's our tax clearance.

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Could you do me a favor? Could you show me what the inside looks like where you went from three to two?

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There is no inside. It's an empty lot.

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Yeah, but you have drawings, is what I'm saying, right?

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Oh, okay. Yes.

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Yeah, show us the drawings of what the inside looks like and how the two apartments fit there.

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Sure. It's first floor, basement, second floor, third floor.

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So, let me – oops, that was it.

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Okay.

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Unit A is basement, first floor, and unit B is second floor, third floor.

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the basement has bedrooms in it yes okay

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all right questions from the board yes chair um how high is the basement um from the floor to the

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do not see them on our plans

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there's no there's no elevation or section or anything

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that shows the heights

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and and i would you know ask jurita hasa

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but uh i her husband unfortunately is probably more fit to respond to that question he's

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actually the contractor on it we would obviously have they would obviously comply with all building

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requirements and standards for a basement, but I can't imagine it's going to be less

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than seven feet.

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He's got an empty lot, so he's going to wind up having to do a foundation in order to get

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this done.

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We lost you again.

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yeah the connection must be pretty bad you may have to turn the screen off

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sir we lost you again we lost you again i was saying as you can see the the first floor

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is actually um i mean the basement half of it is above ground

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because the first floor starts one two three four five six six seven it'll be seven uh risers up

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so those are usually what eight eight inches i think 56 inches minimum

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above ground so not all of the basement is is below ground

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yeah i don't is there a an exit straight from the basement or you have to

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because on your basement plan you show an egress well you cannot have an egress well

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underneath of that porch that covered porch then the front at the other end right

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you can't that means shows the egress well you can't have an egress well and have no room to get

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out so i don't know something's going i i have a feeling that's an error in the plan only because

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we've this is the third um revision of this plan and i think that because as you can see on

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The front elevation, it's blocked off.

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the front elevation it's blocked off i know

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I know, but you've got bedrooms in the basement, and bedrooms must have an egress well.

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But you

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And it looks like they...

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Listen to what I'm saying.

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I understand.

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On your plan, you've got bedrooms in the basement.

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Each bedroom must have an egress well.

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You cannot have an egress well underneath of a porch.

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You can't do it.

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and and and so you see what i mean they wouldn't need some revised plans chair right

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the basement wouldn't be less than seven feet but it wouldn't legally be allowed to have less

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than seven feet because per l and i you cannot have an occupied basement if it is under seven

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feet ceiling heights so so uh council i think what we need to do is we're gonna have to continue

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you this you're gonna have to come back with revised plans that you know it's a shame your

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builder's not here but we we can't vote on this um yeah i i we're gonna have to do it hillary how

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do we want to handle do we need do we need to meet with the community group again because i mean

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everything else is i'm not i'm not saying that no hillary i mean if we'd like to schedule

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a resumption hearing when the

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architect or builder is available to discuss the

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plans, we can do that. Right. And I don't want

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David taking a position until we see the new

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plans. Okay. That's fine,

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Mr. Chair. So will we then wait

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to have public comment until... I think

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so yeah okay i i apologize but i i i didn't hear anything i guess there's so so so here here here's

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what we're going to do we're going to come back with a resumptive hearing you'll bring in plans

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