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Hearing video

ZBA Hearing - November 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 13, 20247h 40m

And that's the concern, too.

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Okay.

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Okay.

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Yeah, I can answer that.

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And then Emma can clarify anything that you may want clarified.

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The townhouses are actually three bedrooms.

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Okay.

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So those are long-term, those are not transitional.

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Those are long-term tenancy even today and dating back to the late 90s.

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So those are long-term tenants.

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They're three-bedroom.

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So typically what we see in there are families, more than one person.

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It's typically a unit that is suitable for a larger family-type unit.

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the apartments on the other hand they were originally constructed under a city in addition

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to the phfa programs a city program that did provide transitional housing who from folks who

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were coming out of situations that just needed not permanent housing but just needed some

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transitional housing so those are one bedroom units they're typically one maybe two two occupants

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Um, and again, those were never since 98, those haven't been, um, occupied by long-term tenants. They, they come in, they, they get their, their feet under them. And as they work out those issues that, that caused them to be transitional, then, uh, there, there's assistance. Um, I don't know the details of the assistance, but there's assistance that gets them to more permanent housing.

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now that's yeah that city are just women or is it is it mixed gender or

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oh okay that's a that's a good point it was it was um traditionally it's been women single women

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uh that have children okay that needed some transitional housing that city program

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has gone away so this building we're not going to physically convert anything because they'll

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all still be one bedroom but that city program doesn't exist so this will become

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you know, basically one-bedroom apartments for whoever qualifies under the affordability

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you know basically one bedroom apartments for

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requirements. It's not targeted to transitional. It will essentially become long-term permanent

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housing rather than transitional housing. And under the PHFA guidelines, we can't direct

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that it be either women or men. It's whoever comes and meets the criteria that we have to

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rent to them under all the various requirements and regulations. So that was something that the

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neighbors did raise. But again, it's going from transitional for women

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because that program went away. And now we're going to rent it to

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folks that we can get into a one-bedroom unit. We can't put families in one-bedroom units. It's

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Usually, again, one or two-person households.

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Is there any commitment around from the city, from the homes?

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From the what?

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For the formerly homeless, are there any set-aside units for formerly homeless?

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Emma, can you answer that?

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Yes, hello.

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I'd like to reiterate everything Mr. Kerr said.

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And, yeah, just clarify and confirm for the mid-rise building with the 51-bedroom apartments, as he mentioned, those will be permanent housing with affordability restrictions, and they will all be under a HAP contract.

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so they will receive referrals from the city of philadelphia um from from the clearing house

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um you know for for folks to be referred um in those units and they'll have um section

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eight vouchers via the hat all right thank you one of the other concerns that i'm sorry i'm

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taking too much time probably on this but one of the other concerns that that i'm hearing and that

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I understand is that there is a lot of prostitution that goes on between 48th and West while losing

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and 52nd and while losing.

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Gordensia just built a new facility on 51st and while losing, essentially.

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Now we've got this sort of facility here.

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Across from this facility is a graveyard that stretches from 48th Street to essentially 52nd

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and Gerrard, 52nd and while losing.

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So there's a stretch of sort of vacant land where all these sort of sort of tort things happen.

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So that's one of the bigger issues, too, that the community has.

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If this project moves forward, how is the owner and leasee going to address any concerns or issues that happen along that swath of street?

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And this facility actually takes up a big chunk of it from 48th down to, what is that, 50th.

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May I answer that one? Is that okay?

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No. Yeah, go ahead. Go ahead.

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Okay, great. Just a few points overarching and then we can follow in more detail.

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Help is definitely aware of the safety and security concerns that you've raised and the community has raised.

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Um, you know, as, as Mr. Kerr mentioned, we've, um, been working on at this property since the 90s. Um, we definitely want to help to address those safety and security concerns. So, um, as a part of this renovation project, there's a few things we're doing. Um, first, there will be, um, new, um, cameras and lighting installed, um, around the property.

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Again, we may have to follow up with a specific plan that shows those locations, but that will enhance security on the site between the health property and the health center property.

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Secondly, we'll be installing a gate into the help property.

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Again, just to work on some of the security concerns in terms of entering the property for those folks who don't live there.

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And then third, we are working with a great property management company, Arco Management, who is relatively new to the property.

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as of about a year ago we've noticed that they have great relationships with the current tenants

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there who will continue to reside there lots of eyes on the ground and we've seen improvements

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Lots of eyes on the ground and we've seen improvements through that. It's an, in general, it's an ongoing issue that we're, you know, like I mentioned, definitely working to solve.

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through that.

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Thank you.

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And it's really a neighborhood issue. And we're doing what we can to sort of protect and make sure none of those problems emanate from this complex. But it's a bigger neighborhood issue that we can do the best with those proposals that Emma just outlined. That's really what we can do.

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And then we we protect our tenants and we also make sure that they're not bad actors.

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We could always if we learned that someone was a bad actor, at some point you you have the opportunity not to renew that lease and get them out of the neighborhood.

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So it's it's it just seems to me that there's it's a good idea to at least have another conversation with the community, because a lot of things that you raised with me are I think I'm still hearing those.

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So and so I think it would be a good idea for you to meet with the community at least one more time.

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That's my opinion. The question, I just have one quick question just in terms of impact.

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So if this is granted, when you do the renovations, will the all the tenants have to move out and they'll be done like at different intervals?

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You want to answer that? Sure.

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So, just to step back and clarify, the renovations on the property have actually already begun. We closed on our construction loan financing and financing with PHFA and other entities in April of this year.

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and then the renovations began shortly thereafter. As Bill mentioned, these are primarily interior

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renovations and, you know, some brick repointing on the exterior of the buildings, things of that

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nature. We are almost about halfway complete with those renovations and it is being done in a phased

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approach. There's four different townhouse buildings. So those townhomes are being

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renovated in a checkerboard effect where, for example, a batch of units will be renovated while

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folks are temporarily moved elsewhere on the property, you know, a few doors down, for example,

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and then they move back into their unit once it's complete. Similarly, in the

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mid-rise building. Folks are moved to one floor of the building while another floor is being

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renovated. So they do all, existing tenants all remain on the property during the renovation.

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Thank you. Other questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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um just briefly mr chair um mr kerr i think i excuse me i'd emailed you earlier because the

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applicant is the tenant in this case and it's a lot line um adjustment the board would just like

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um a letter of authorization from the the owner because normally these cases are coming from the

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owner not a tenant seeking to i understand they have a great i understand they have a ground lease

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But if we could just have a letter of authorization confirming that they can they can subdivide, that would be appreciated.

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OK, we can get that. And I will submit that, Ms. Emerson. Can you see I just flipped to a different document?

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It's some provisions out of the lease that hopefully will address some of the concern to rate.

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So Article three, the basic lease terms, this this is from the current effective lease. Land board leases to tenant.

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the lease premises for the term, all right?

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And it says, agree to provide exclusive possession

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of the lease premises.

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So we have exclusive possession.

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We have all the rights to that.

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And the term is through April 18th of 2023.

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So basically, this is the equivalent of ownership.

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And we're just doing what we need to do

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address this.

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It's really a post-closing issue now for the lender.

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They want us to get this so that there is a separate parcel of real estate.

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And then I have one other provision here.

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Section 5.4

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relates to approvals, permits, and licenses.

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So tenant shall apply or cause to be applied for prosecute all necessary approvals related to, among other things, the use and occupants of the loose premises at our.

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related to, among other things, the use and occupants of the loose premises at our total cost.

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Mr. Kerr, Mr. Kerr, Mr. Kerr, Mr. Kerr.

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Yeah, no, just go ahead.

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Listen to me a minute.

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Could you not just get a letter?

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I can't, I can't.

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I just want to try to.

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Don't try to make your case now.

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Just get the letter.

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Okay, we'll get your letter.

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Thank you.

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All right.

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Questions or comments from the virtual audience?

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yes i have a hand up from travian travian ambrose i've allowed them to speak

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yes thank you um travian ambrose could you state your name and spell for the court scenario

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no problem travian ambrose spelled t-r-e-v-i-a-n ambrose a-m-b-r-o-i-s-e

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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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Please proceed.

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Thank you.

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This is Shraven Ambrose, representing the Office of Councilmember Jamie Gaudier, City Hall, Room 316.

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As the Councilmember for the 3rd District, Councilmember Gaudier supports the requested variance at 4807 to 61 Westminster,

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which will allow the applicant to subdivide the existing lot into three separate parcels.

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The office views this as a largely technical matter and marks a rare opportunity for the preservation and renovation of existing affordable units. Thank you.

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Thank you very much for taking the time to call us. Is there anyone else in the first audience?

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There are no further hands, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman. Sarah Baum with the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing residential single-family zoning.

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The appellant has supported their hardship claim with evidence of unique physical circumstances and conditions of the property.

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you very much.

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Mr. Kerr, I'm going to hold a vote on this, and the case is closed,

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other than a recommendation that you and your client attempt to meet with the neighbors one more time.

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It'll be closed other than what we may receive from the RCO, and you will have a chance to respond, but everything else is closed in this case, okay?

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Okay, except for the letter from the landlord also, correct?

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The letter from the landlord, yeah, that's the administrative issue.

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All right, thank you very much, sir.

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Okay, very good.

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Thank you for your time, everyone.

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Thank you to your client.

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Thank you.

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Okay, thanks very much.

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Take care, everyone.

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All right, number 17.

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I'm going to go back. 2024-004-319-2922 South Juniper, Denise McGee.

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They will be rejoining as a panelist, Mr. Chair.

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Sure.

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Okay, you can hear me?

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I can most certainly please turn your screen on how are we making out with that computer

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I share I switch to my work computer so I'm hoping this is the window right you're just

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just for the record state your name one more time it's um Denise McGee uh and start your

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presentation sorry that's fine start your presentation okay I can share um okay so

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I'm interested in getting a deck put on to the back of my home. And there is, I want the deck

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the exact same size as my neighbor's. And because there was a change in the walls, I guess that

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there's a three foot now, you have to go back three foot. And I'm asking for an exception to

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that and just have the deck the same size as everybody else's on my block. So this is the

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back of my block so you can see everybody else's deck i know these two neighbors just got the

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three foot exception so that's what um this uh it's just what i'm requesting and um how many

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decks are back there do you know um i mean i'm at the top of the street so there's only one other

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deck um besides these ones present here all right um and you went to the rco i'm sorry

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you went to the rco meeting i did and i got a uh they're in favor of you right yes

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okay um you also have a petition of 21 signatures yep i have the petition right here

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you have you have possible drawings what it's going to look like is that it there show us that

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so this is my neighbors this is the deck and then um this is uh let me see this is kind of

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what it's going to look like um this is just an example um but yeah i have the architect and these

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But, yeah, I have an architect and these are the drawings.

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are the

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Questions from the board?

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Can we go back to the pictures?

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This is back in my home.

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yeah that one is that yeah to the to the right this the one with the uh garage there

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that's yours right this is mine right here yeah right here the one there in the middle okay so

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is that what to the side and I can't it's dark so are those

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garages or what what is that under the deck that there right here yeah but the the um

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it's no yeah another yeah yes that is a garage door yes okay

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so no not your garage door where where the deck is right here yes

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Yes. What are those openings there? Right here is our driveway. I mean, our back door. Is that

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where you're asking? Yes. Again, that's how we get out. That's our, yeah. And then there are the

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openings that are next to that. What is that? Is that a car parked like under the deck? Yes.

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oh okay but they're not but it's not doors there or anything it's no there's no garage doors here

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no all right okay thank you it looked like it looked like there were like doors there or

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something that would be yeah no i'm trying to see if i have a better view but no okay all right

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thank you other questions from the board

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questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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yes i have a hand up from brianna wakefield i have got them to speak

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hi could you please stay oh you just state your name for the record yes mr chair brianna wakefield

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you've already been sworn yes and council president johnson does support this project

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