civus
Hearing video

ZBA Hearing - September 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 18, 20245h 49m

Thank you.

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chair we have 44 attendees you can proceed as you wish thank you good morning everyone my name is

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bill bergman and i will be chairing this morning's eba hearings with me is our vice chair ismail

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shaheed present mr chairman our board member cheryl l gaston present mr chairman our board

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member Tanetta Graham. Our board member Michael Johns. Our board member Taya Nguyen.

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Mr. Chairman. Also present is our attorney Hilary Emerson and our deputy director for

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planning and continuity Kathleen Grady. Here's our virtual format. The proceedings are being

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recorded. With your participation, you agree to be recorded. A video will be available by contacting

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all one word, ZBAexecutivedirector at phila.gov. That's again, all one word, ZBAexecutivedirector

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at phila.gov. For a court stenographer, we ask attorneys and witnesses to identify themselves

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before testifying. If you're participating by phone, press star nine to raise your hand and

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star six to unmute. To enter appearance statement, call 267-270-5548. Leave your email address and

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address the property in question. And finally, the question box on the screen is not for comments

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or testimony. All comments should be directed to our executive director, Tanya Sunkett. Oh,

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I'm sorry, Kathleen Grady. We stick at a time here. All right. Here's our, let's take a look

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at our schedule for today. Number five, MI 2024, 000763, 2601 North 31st Street. That case has

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been continued. Number eight, MI 2024-002-446-1715 North 56th Street. That case is continued. And

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number nine, MI 2024-002-461-532 North 10th Street. That case is continued. Are there any

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other requests for continuance? Good morning, Chair. This is Doreen Blakey, and I will be your

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co-host today, and I do have a hand up from Joseph Vaccaro. We'll be allowed to speak.

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Good morning. Can you hear me? Can, Counsel. Could you please state your name and spell for the

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court stenographer. Good morning. My name is Joseph Vaccaro with 3-I-D-A-3-3-5-S-V-A-E-C-A-R-L.

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Right. Do you swear or affirm, tell the truth, the whole truth, and nothing but the truth?

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Yes, I do. What's the location of the case you're calling about? 2300 North 25th Street.

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mr chair that is number 16 on the list um we had no exhibits it's the first listing

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mr vicaro that's we do not have any exhibits for that case

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mr vicaro you got to speak into the phone you're drifting i'm sorry i'm sorry that's why we're

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request to continue. Okay. All right. And you will now be the counsel, am I correct? Correct.

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Correct. All right. Thank you. So number 16 MI 2024-002-712-2300 North 25th Street.

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That case is continued. Thank you, sir. Any other requests for continuance?

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Yes, there's a hand up from Tony and Helen Lang. They will be allowed to speak.

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Good morning. Could you state your name, please?

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Yeah.

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Case number is MI 20.

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Is this 4511?

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is this 45 11 uh samson street okay could you first of all could you please let's hold on hold

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on could you please state your name and spell for the court sonographer my name is tony liang

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last name l-i-a-n-g my wife helen h-e-l-e-n all right well we're going to stay with you right

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

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yes are you prepared to go on today yes

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your case is ready to go yes okay so all right this this was you don't want to continue it

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we don't want to continue we want to continue is that mean we we notified

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that will be this is the time for pairing continue mean right now right well this case

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is going to be called a little later what i'm saying you're prepared to move on with this case

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right yes all right i'll call you back later okay thank you okay okay any other one anybody else have

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a request for a continuance there are no more hands here i have several cases here a few cases

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anyway that are no exhibits number two mi 2023 002 871 2146 bridge street

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a cas abdel degar is the listed applicant jerry d impero is the listed owner

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this is the third listing we have no exhibits

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Is anyone here for this case?

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There's no one in the audience by any of those names, Chair.

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Thank you.

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MI 2023-002-871-2146 Bridge Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Tynetta Graham, my vote is to dismiss.

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iowan and my vote is to dismiss ishmael shaheed my vote is to dismiss

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thank you number three mi2023-005-272 1525 spring garden street this is the third listing

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we do not have any exhibits john and deborah dambacatus are the owners

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excuse me there's nobody in the audience vote by their names here so this is the third listing

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no exhibits mi2023-005-272-1525 spring garden street i vote to dismiss michael johns my vote

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is to dismiss cheryl gaston my vote is to dismiss tennetta graham my vote is to dismiss

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My vote is to dismiss

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Ishmael Shaheed

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My vote is to dismiss

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Number 6

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MI 2024

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002-427-403

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Renard Street

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Nataza Imalakva

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Is the listed owner

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No exhibits

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This is the first listing

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Chair I have Charles Richardson

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With his hand up

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He will be allowed to speak

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I don't think that

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Okay, but I don't think that's going to be him.

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But all right, please put Mr. Richardson on.

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Okay.

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Charles Richardson, you're allowed to speak?

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I accidentally raised my hand on that one.

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Okay, yeah, I didn't think this was a Northeast case.

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Yeah, I have Baten Street coming up.

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That's what that is.

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Thank you.

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Thank you.

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So, 403 Renard Street, no exhibits, first listing.

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Any hands?

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Nope, no more hands, Chair.

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So MI 2024-002-427-403 Renner Street.

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This case is continued.

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Mark must be heard.

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Case number one.

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on MI2022-006734-2402 Spruce Street, this case has been withdrawn.

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And number seven,

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20, 24, 0, 0, 2, 4, 2, 8, 53, 12,

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Bayton street. This case has been withdrawn. Mr. Richardson,

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do you have any comments?

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I did not know that they had a withdrawn.

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Glad that they have. Thank you, sir. Thank you.

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Glad that they have.

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Thank you, sir.

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Thank you.

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All right.

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All right.

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We're going to go to our add-ons.

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Number one, MI 2024-002-372-1151 South 19th Street.

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I vote no.

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Mr. Mel Shohin, my vote is no.

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Senator Graham, my vote is no.

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Cheryl Gaston, my vote is no.

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my vote is no

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michael johns my vote is no

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mike you're not on that one

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oh okay that's right that's right this one i wasn't on that's what i thought it was

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right sorry waiting for you to say something

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sorry

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number two

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MI 2023-007-016, 1715 McKean Street.

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I vote yes.

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Temporary variance, that expires 9-14-27.

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Ishmael Shaheed, 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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Hi, Owen. My vote is yes, with Proviso.

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Number three, MI 2024-004827.

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This appeal is granted on the basis of vested rights only.

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LNI is directed to issue the requested zoning permit.

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Appeal granted.

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With Proviso.

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Ishmael Shaheed my vote is appeal granted with proviso

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Thoreau Gaston my vote is appeal granted with proviso

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Tanada Graham my vote is appeal granted with proviso

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Taya Nguyen my vote is appeal granted with proviso

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and Michael Johns my vote is granted with proviso

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Our first case, we're going to take a pro se from number 12, MI 2024-002-524-2124 St. Albion Street. Francis Rainey and Kristen Albee are the owners.

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Kristen, I'm sorry, excuse me. Kristen Albee will be promoted to panelists.

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Thank you.

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good morning good morning thank you for hearing us all right Kristen could you please state your

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name and spell for the court stenographer sure I am Kristen Albee it's spelled k-r-i-s-t-e-n

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all be a l b e e swear affirm to tell the truth the whole truth and nothing but the truth

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yes i do and also you kristen will you do the testimony i will i'm joined with my um husband

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he's also the co-owner of the property okay but you're going to do the testimony yes okay all

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right um this application is for the erection of a third floor addition to include a roof deck with

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a piled house above an existing attached single family dwelling, whereas both adjacent lots are

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only two stories, so the prepared third floor addition without an eight-foot setback is

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prohibited. And by the way, we have unanimous support from SOSNA, South of South Neighborhood

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Association. Our vice chair has just a few questions for you, okay? Sure. Good morning.

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Have you emailed them all the required documents and exhibits that's needed to proceed with this

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case five days in advance of this hearing. Yes, we have. I have them as well if you would like

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me to share. Yes, we're going to let you share your screen now so you can go through your

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presentation. Please proceed. Okay, can you see my share now? Yes, we do. We see your zoning

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permit. Okay, I'm just going to go through quickly. Do you want me to go through each

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exhibit. Why don't you go through them very quickly and then get to the point of photos

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and drawings, okay? Great. This is the zoning permit that we filed for the variant for zoning

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for the third story edition. This is the refusal for the eight foot setback. Yep.

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I'm going through quickly.

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I'm going through quickly. This is the application for the appeal.

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This is the application for the appeal.

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And then the project information form.

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Yep.

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And then the deed stating that Francis Rainey and Chris and LB are the owners of the property.

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we have the letter of authorization for the applicant that we had authorized jeff morris

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with a notary and then we have the certificate of tax clearance from the zone um for the zoning

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and then we have the original drawings that were submitted and then we have a

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proviso form stating that we've made some revisions based on the RCO requests from the meeting that

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were minor changes to the windows and just type of materials. And so we have new documents that

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we're going to share. This is the exterior pictures of the 11 by 17 orange zoning flyer

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that we have had up since August 28th

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on the front of our property, along with the refusal notice.

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And then we have some pictures of the existing cornice

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and the existing front of the home.

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It's a typical two-story row home.

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And then this is the rear of the property.

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It's a siding.

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And then this is the street view.

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The property is the brick kind of in the middle.

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And then this is our notification letter that we sent out to all the properties within 250 feet to notify them of the initial RCO meeting and then also the zoning, this zoning meeting.

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And then the addresses that we did those certified mailings to, there were 173 properties we notified, our certified mail.

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And then this is the drawing, the revised drawing here that we can start to talk about.

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So, Kristen, how many other houses on the block have a third floor?

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I'd have to, there are at least eight or nine current properties that have a third story edition.

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There may even be more.

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So we, yeah, so we, just to give a really quick background,

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We've been property owners here in this home. It's our residence for the past 15 years.

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We're very active in the neighborhood as volunteers. I have been the block captain on this block for the last 14 years.

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We've been raising our family here for the last nine years, and we would like to stay in the property.

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And with this eight-foot setback, it allows us to, the property is currently 36 feet deep, and it's a 50-foot lot.

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So we're maxing out the lot coverage currently.

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We're just about at 75% lot coverage.

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So the eight-foot, we need that eight-foot to make the house functional for our growing family.

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and also where our existing stair is located it's at the front of the property um so that eight foot

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would allow us to leave the existing stair where it is and the stack the stair is going up so we're

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looking at this um requesting a variance for this eight foot to bring let me ask you the other houses

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on the block do they have variances for the eight foot yes are they on both sides of the street or

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just one side of the street? They're on both sides of the street and directly across from

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our property, there are two three-story properties

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that come right to the front without them answered.

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Questions from the board?

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