civus
Hearing video

ZBA Hearing - January 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 27, 20215h 43m

with living room dining room kitchen second floor has two bedrooms um one uh uh traditional bath

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layout, laundry, and an office slash den or bonus space indicated in blue. The third floor plan I'm

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just going to zoom in on. Here is the master bedroom suite at the third floor. And then above

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that, a pilot house leads to a rooftop deck area with the anticipation of providing 60% green roof

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area, even though we do not need the bonus. Okay. These are renderings of the project.

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we're trying to identify or sort of show or break up the massing of the collection of these

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single-family homes with differentiations in color, some different views. I'm going to

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some different views. I'm going to get through this pretty quickly to get to our analysis,

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get through this pretty quickly to get to

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if I may, right here. So what we have, our proposed site, I'm just going to zoom in on,

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is right here with the diagonal hatch indicated in white. And what we've tried to do with a

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gradation of colors is show what lots are very close in size to our lot and what size lots are

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bigger. The green lots are smaller and growing into a close size to the lots that are proposed

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and the brownish or reddish lots grow and exceed the size and area of our lot. Dimensionally not

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the same but you can see here how it's been how it is distributed throughout the site so you can

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see that probably about 80% of the surrounding lots are less than our lot size and probably

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like, you know, 25%, you know, 20, 25% are greater than our lot size. And I think this is well within

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the character of this sort of Fishtown, East, Northeast Philadelphia neighborhood. And yeah,

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Thank you.

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Happy to take it.

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Thank you.

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Anyone else?

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Rachel?

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No.

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Besides Jeff, just to swear in my testimony, or if you want, if you don't want to wait for that, then.

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You'll stipulate that your client would adopt your testimony.

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Questions from the board?

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No.

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No.

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Anyone else would like to testify in this case?

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Please raise your hand.

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no hands at this time thank you planning commission good afternoon david effecto city

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planning commission mr chairman members of the board the comprehensive plan recommends these

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properties for single family use the proposed lot line changes will result in lots that are

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undersized according to the zoning code however these lots are comparable to lots on both cedar

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street and albert street we do not object to granting these variances thank you very much

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mi2020 that's 0027572626-30 cedar street my vote is yes my vote is yes my vote is yes my vote is

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yes my vote is yes my vote is yes carol before you start on number eight did we ever get any

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exhibits sharon we did not um it's the first listing we did get a um mary jones of councilman

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Clark's office did forward a letter in opposition from a neighbor.

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Anyone here on case number 2020-002753, 2717 Parrish Street?

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I have Alan.

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Hello?

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Yes, Mr. Chair, Alan Ockamson of Ockamson.

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Hey Alan, how are you?

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Good.

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please identify yourself for the record yes alan knockamson a-l-a-n last name knockamson

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n-o-c-h-u-m-s-o-n one two three south broad street suite 1600 philadelphia pa 19109

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do you swear and affirm to tell the truth the whole truth and nothing but the truth

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i do not yet received any exhibits we did send our office sent it on friday

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um i'm sorry i will check again but i had a record of not receiving them um

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again i will check yeah i mean yes no of course if you say that you submitted them i

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accept that you did yes you're prepared to go forward uh yes i am okay

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Carol we're ready and you just promoted him to panelists he's going to come back in

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he's been sworn in Carol okay you can ask about stipulations hi Alan do you agree to wave and stip

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I do and do you also um have you well we talked about the exhibit packet

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you may proceed all right thank you I'm going to share my screen

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This is Sharon again. I have located the exhibit packet. I apologize, Mr. Mockinson.

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Oh, no worries.

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I'll share my screen.

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Hi. So you'll see our exhibit packet.

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Front page is just showing a rendering of our project at 2717 Parish Street,

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This property is owned by general people, Edgar and Andrea Ortiz, who moved to the Fairmont section of Philadelphia recently and are looking to put in addition, as you can see right here.

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recently, and they were looking to put in addition, as you can see right here from this rendering,

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when they purchased the property, they did not realize that they needed to obtain

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permits, or they understood that the contractor would obtain permits for them.

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So this is part of a, you know, in response to a violation. So you'll see in our packet materials,

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The first exhibit is the deed to the property showing that Mr. and Mrs. Ortiz own the property.

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The second exhibit is the tax clearance certificate showing that they're in good standing with the city of Philadelphia in terms of their property.

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The third exhibit, as you can see, this is an RSA 5 property. This is a two-story structure. It has full lot coverage on the first floor. We're asking for an addition on the second floor to match that, and we're receiving a refusal as to that because of the minimum rear yard depth of the property.

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After that, it's our application for appeal, showing that we filed an application with

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this board on behalf of Mr. and Mrs. Ortiz.

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And after that, you'll see where we are in the neighborhood, we're in the corner of Parish

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and Pannock.

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And after that, you'll see, like from Atlas, where we are, again, we are at the corner

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of Pannock and Parish.

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We have full lot coverage on the first floor.

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You'll also see that there's full lot coverage at 2711 and 2709 Pennock.

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I would point the board's direction to 2715 and 2713 and 861 North Pennock Street.

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These are the individuals or the property owners that would be most affected by this project.

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We have a letter of support from 2715 and 2713.

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Originally, there was a misunderstanding with regards to the individuals at 861 PENOC.

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They originally submitted a letter in opposition to this board and to the coordinating RCO.

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They have withdrawn that.

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I have a copy of that letter as well.

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After that, you'll see again from Google Maps where we are in the neighborhood.

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And then here are photographs of the property.

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As you can see, this is a two-story structure.

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This is facing Parrish Street.

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This is facing Pannock.

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This is not the current conditions of the property.

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This is, again, you'll see current conditions later on.

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You'll see from the right of the property on Parrish, to the left on the property on Parrish, to the right of the property on Pannock, to the left of the property on Pannock.

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And then you'll see from the plans, again, more pictures of the property.

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And then you'll see the, you know, from the site plan, the two-story addition.

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So this is, you know, what the current condition is.

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Again, my clients, you know, engage a contractor.

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My clients are a young couple who have a child.

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They're looking to put a room, an extra room in their house.

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Their understanding was that they were going to, like, this was going to be submitted, you know,

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by way of permits and everything else it was it was really like shocking to them of what happened

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they didn't do anything maliciously you can see that there's an alley right here between the

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Pennock property 861 Pennock and the rear of their property of at least three feet

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and you can see that it's you know 15 feet long the property uh where the addition would be

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and then you can see from here this is what they're looking to do they're looking to put

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a bedroom into here for their growing family oops sorry got a little ahead of myself here

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So we met with the Fairmont Civic Association, and as you can see from the vote, there were nine people in support and three people opposed.

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And then of the nine people in support, three were in the affected area.

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Again, we had the neighbors from 2715, which were next door, and 2713, who were at that meeting in support of this project.

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Even though we had 75% of the people at that meeting supported the project, the coordinating RCO still opposed it for no apparent reason other than the fact that they didn't want this to happen.

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Again, during the meeting, they didn't even want to take a vote.

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Again, during the meeting, they didn't even want to take a vote.

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Because I've had, you know, I actually live in Fairmont myself.

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So this is not the first time I've been in front of this group.

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I've had issues with them in the past in terms of not taking votes.

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And I said that you're required to take votes.

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You're supposed to take votes of the people at that meeting.

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And you're supposed to take votes to specify people within the affected area.

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And as I indicated, the people within the affected area, 2713 Parish and 2715 Parish are in support of this project.

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Now, they did provide us a letter after the fact of the 861 North Panock, the one that kind of crisscrossed, like that's next to us where that alley was.

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There was a letter of opposition.

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I think there was a misunderstanding because we did reach out, as I indicate to all my clients, reach out to the people who are most affected, especially when you have a situation like this.

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So that's why we got a letter of support from 2715 and 2713 Parish.

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We did meet with the neighbors at 861 North Pennock.

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I don't know where the miscommunication was.

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So after the meeting, they submitted this to the Fairmont Civic Association.

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And the Fairmont Civic Association basically based their opposition on the fact that 861 North Pennock was against it.

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But we did meet with the people.

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My clients did meet with the people at 861 North Pennock after the meeting.

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And today, we received this letter from them saying that they're withdrawing their letter of opposition to this project.

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And then here's proof of our mailing for 2717 Parrish Street, showing that, you know, for this project, we met on December 3rd at 7 p.m. via Zoom.

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And the 139 addresses we mailed the notice to, as well as proof of mailing to these addresses.

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I have my clients on the line, so Edgar and or Andrea, can you virtually raise your hand?

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Are you there, Edgar?

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Andrea?

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I'm sorry, what's the name?

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Ortiz, should be the last name?

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Or is it their last name?

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Mr. Ortiz.

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Hi, this is Edgar Ortiz.

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Mr. Ortiz?

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Yes.

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Please identify yourself with the record

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first and last name and your address.

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Edgar Ortiz, 2717 Parrish Street, Philadelphia,

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via 19130.

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Do you swear and affirm to tell the truth,

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the whole truth, and nothing but the truth?

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I do.

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Yes.

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Edgar, you heard everything I stated

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today.

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Yes. And is it true and correct?

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Correct.

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And would you adopt the testimony

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as your own? Yes, I would.

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Okay.

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Any

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questions from the board?

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No.

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no

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anyone else would like to testify in this case if so please raise your hand

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yes i have a mr lawrence mr lawrence you can unmute yourself

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really uh my name is lawrence reynolds uh representing the fairmount civic

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would you please spell your last name r-e-y-n-o-l-d-s address is 2633 aspen street

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I'm sorry, I got ahead of myself. Do you swear in a frame to tell the truth, the whole truth, nothing but the truth?

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I do so.

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Please proceed.

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Just to clarify, again, the board of the FCA made its decision primarily on the contact that we received from 861 Pennock Street, in which they indicated their opposition to the addition.

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A second point, we were concerned about the construction without having permits, but the primary one was the 861 Pennock Street.

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If that resident has withdrawn their opposition, I guess we would have to say then that there's no reason for the FCA to oppose it.

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But that was the primary reason for our concerns.

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Understood. And thank you. Thank you.

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Anyone else would like to testify? Please raise your hand.

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No more hands at this time, Chair.

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Thank you. Planning Commission. Good afternoon. David Fecto, City Planning Commission, Mr. Chairman,

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Thank you. Planning Commission.

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Good afternoon. David Fecto, City Planning Commissioner.

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members of the board. The comprehensive plan recommends this property for single-family use.

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Since the applicant built this addition without the benefit of a permit, we are going to oppose

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granting this variance. Understood. Thank you. MI 2020-002-753-2717 Parish Street. My vote is yes.

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my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes thank you

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calendar number 2758 3018 midvale avenue

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Mr. Bertil?

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Yes, he's being promoted to panelists.

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Thank you.

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Hello, good afternoon.

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Hi, could you please put your name and address on the record and spell your last name, please?

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Yes.

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Steve Bertil, B-E-R-T-I-L.

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Claire Harrison Harvey in Brandsburg, 1835 Market Street, Street 14, 100-19103.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet, which is required five days in advance of this hearing, consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property, and have you met with the RCO, and do you have a letter?

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Yes to all of the above except the letter.

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I don't have the meeting summary report or letter from our most recent meeting with the RCO representing any votes.

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I DON'T KNOW IF THEY SUBMITTED THAT DIRECTLY TO THE BOARD, BUT WE HAVEN'T RECEIVED THAT

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AS OF YET.

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