civus
Hearing video

ZBA Hearing - September 18, 2024

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

Thank you.

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You're welcome.

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Mr. Anastasio, you've already been sworn.

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Could you just state your name for the record, please?

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Yep.

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My name is Vern Anastasio on behalf of the owners of 2049 Randolph.

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um do you agree to the the stipulation of the reading of the refusal and its accuracy

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i do please uh please start your presentation thank you

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wasn't expecting to be called so quickly oh well that never happened that never happened

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So 2049 North Randolph Street, we have an exhibit packet comprised of 59 individual exhibits, and we'll walk you through them relatively quickly.

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The application is for construction of an attached structure, ostensibly for a two-family dwelling.

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The reason why we're being refused here is because the adjacent home is an anomaly.

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It's a very unfil...

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I guess it was a Philly thing back in the 70s.

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It's the only home on the block that has a setback in the front.

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And as a result, the code requires this new home to have a setback because the adjacent

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home has a setback.

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The fact of the matter is, that whole side of the block was built out as one sort of development, and they all had been built out back in the 70s or 60s with a setback.

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All of those homes are gone.

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They've all been knocked down, and new homes have been built, mostly many of them multifamily and approved by this board.

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The house adjacent to us is the only one left.

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And it, of course, triggered the requirement, which is why we're here.

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And with that,

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we'll get to the plans.

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We'll get to the plans.

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This is a front elevation.

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As you can see, it'll be a three-story home.

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Here's the rear elevation.

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this is the plot plan

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this is the layout

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i'll zoom in i think miss gaston's gonna ask me to move in any move in zoom in a little anyway

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that's right

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I think a couple of us may want you to

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she usually is the first one

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don't make me get out my magnifying glass

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you and me both

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so here we have the lower level

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basement with the

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there's a bedroom, there's a hallway

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on the first floor

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has living space,

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a dining room.

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Second floor plan.

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Is there any way to close

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the part of this page

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that says pages?

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Is there any way to close that

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so it makes the drawing bigger?

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Yeah, now if you can zoom down

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so we can see the whole plan,

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that'd be better.

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Okay.

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All three of the floor plans together.

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You want me to zoom out like this?

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Out, yeah.

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Okay.

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So there's a basement and first floor?

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Still can't see the whole basement.

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Still can't see the whole plant.

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A little bit more.

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I think you got to go the other way.

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You got to make it smaller.

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Yeah, yeah, that's fine.

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Yeah, okay, good.

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Now we can see it.

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But Ms. Gaston is going to ask me to zoom in again, I tell you that.

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But here's the second floor unit.

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So this is one unit here.

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basement and first floor and second and third floor is this is the second unit

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that's ostensibly the plan so the really nice size here's the street I'm going to zoom in on

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the photos this is the block itself and all of these are new construction all approved by the

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board. That's the lot where the property will go. And across the street, we're actually facing

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rears of properties. So it's not really conducive to a whole lot of single-family

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development. But this is what we look at across the street. Here's the letter that went out to

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all immediate neighbors, inviting them to the August 21st RCO meeting, Norris Square.

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And here are all the addresses that were mailed.

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I'm going to zoom out for this one.

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172 individual households were invited.

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It was pretty well attended.

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is the poster, and we have proof of posting.

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I'll zoom in for that.

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Right there.

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And as you can see, that's the house that sets back.

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Here's a history of the property,

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the long history of a two-family dwelling,

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going back to 1949.

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So our use, our new use will be consistent with the old use.

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We have the deed and the tax cert being moved into evidence.

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As you can see, there is some vacancies,

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some significant vacant lots still surrounding the property.

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and most importantly north square is kind enough to give us a unanimous support

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for the project

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because the proposed use is consistent with previous uses uh when there was in fact a

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building there because other like similarly situated properties and uses have been approved

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by this board relatively recently on the block and because the adjacent home that

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relatively recently on the block and because the adjacent home that triggers the refusal is the

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only one left and very well likely will be demolished and uh and uh rebuilt themselves

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uh we respectfully request the granting of the variance want to bring your client on yeah i think

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Mark Bennett, I believe, should be

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on here today. Let me take a look.

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If not Mark, then Andrew Friedman.

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Okay.

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Andrew Friedman, if you're in the audience, please raise your hand.

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I see no one by that name in the audience.

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Mr. Anastasio, as an officer of the court, we'll accept your testimony.

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I appreciate that. Thank you.

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Questions from the board.

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You have a question. Can you hear me?

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Yes, sir.

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On your plan, are you planning for a parking spot in the back? Is that what it is?

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On the...

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Can you go to the same plan?

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Yep, I'm going there now.

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so you're planning for a parking space in the back

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it's not part of the application mr it's showing it's showing a curb cut and uh

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oh i'm sorry it is part of the application one accessory surface parking space

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can you go back to the site planning yep

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is that an alley in the back or is that a street in the back

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that's a rear street and is there no parking north reese is there parking on that street

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or no parking on the street how is that because i'm looking at your your your your car you know

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turning radius to get into a park this parking space which is kind of odd because it tucks under

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the building but and then it's that is that a pavement in the back on the back street it'll

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there'll be a sidewalk and a curb cut because it's hard it's hard to tell what the dimensions of the

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parking the parking pad is yeah it did not come up under the review of the of lni right so but

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it's in our first their first paragraph doesn't say that surface parking space no the application

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says it yep a proposed curb cut at existing curb cut location see included drawings for the city's

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standard okay and do do houses front on that back street north preston or is that a is that

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a alley street um north reese is an alley street so that so that's an alley that's essentially an

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alley street okay um i have a question the the first unit um is the only bedrooms of that unit

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in the basement that's what it looks like let me pull back yeah the living space is on the first

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floor and the lower level has the bedrooms i guess that's that that's always a concern with

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the living space in the basement the other issue i'm sorry i'm sorry remember to grant you good

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i was going to say the same thing but go ahead there's egress wells uh yeah yeah yeah no the

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issue is if what's the height of the basement what's the what's the depth of the basement below

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the grade you know we we find some situations where you know you literally go eight you eight

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feet below grade doesn't look like you are here it's hard to tell no elevation so that that's

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a concern with it if the architect is on i'd ask him to raise his virtual hand right and i and of

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course i raise the same issue i raise a lot of times in these plans when the plans generally

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don't work well for living space they don't show furniture and your living your living dining room

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area is like 12 by it looks like 10 with a kitchen and it's a three-bedroom house right a three

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family dwelling. No, it's a duplex. No, no, no, no. I'm saying it's a three person dwelling,

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right? A minimum of a three person dwelling. So if you've got a family, you could have two kids

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in each room, right? I'm just saying the living- Theoretically, yes. Right. There's not a whole

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lot of living space. You got a three bedroom house, basically a three bedroom apartment

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with a very small living space for families to gather.

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with a very small living space for for families to gather that's my concern with this with the unit

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with the unit size and you don't show furniture so we have no idea whether the bedroom really works

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whether you can put a bed in there whether you can put furniture in there so that's

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always a concern for me and and the size of the bedrooms are all over the standard size they do

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they do they do they do but for example in your dining this says dining room where's the living

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room see on your plan here it says dining room where's the living room where's the family going

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to live is that is the living room someplace else maybe that's just the error on the plan

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but i think so because this is the this is the kitchen area right and this is the living space

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here right so i guess everybody's got to eat at the counter i don't know oh no there would be

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there could be a kitchen table right here yeah that's a hallway i'm i'm i'm i don't want to get

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into the detail of the plan it's a four foot looks like it says four foot or i can't tell

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it looks like i don't know it looks like it said 11 feet but you know whatever it's the issue is

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livability right real livability i have two issues issue with the bedrooms in the basement

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and the depth of the basement below grade because we get some terrible snowstorms now

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and if those windows get covered up these people are stuck in the basement literally and god forbid

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there's something else that happens so the higher you can make the basement uh bedrooms out of the

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ground the better for in my opinion okay okay the other thing is making units that it was if you're

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going to do a three-bedroom unit to me in my opinion your living dining room should at a

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minimum be the same size as the one you have upstairs i don't know and you don't show furniture

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so that's a problem for me but those are all those are my issues i've raised those issues every time

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why don't we do this

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I only see two bedrooms Mr. Johns

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unless I'm missing something

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floor there's not a bedroom

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first floor there's a bedroom behind the bathroom

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bedroom one

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I see it now

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bedroom two and bedroom three

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and this here is the living space

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correct

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so listen the owner wasn't here why don't we do this hillary why don't we have a resumptive

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hearing let the architect and the owner come in i appreciate that that that would be helpful thank

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you i'm not quite sure why we'll go from there and then you then then vern you're not trying to

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figure out what the architect did yeah and i didn't i didn't make the plans and i didn't submit

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them so yeah i was gonna say there's a david mcarthur with his hand raised is that the

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architect yes it is i was hoping that the architect was here um to be able to get our

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questions answered now at least some of them yes i'm still okay with the resumption hearing though

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so we could maybe even put some furniture on these plans for you david mcarthur is allowed to speak

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uh yes sir could you please state your name and spell for the course sonographer uh my name is

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David McArthur, D-A-V-I-D-M-C-A-R-T-H-U-R.

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We're affirmed to tell the truth, the whole truth, nothing but the truth.

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I do.

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Counsel, please proceed.

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Mr. McArthur, did you hear some of the concerns of Mr. Johns today?

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Yes, I did.

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Please address that.

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First, I'd just like to say that that dining room space is a typo.

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That is the general living space at the rear of the first floor there.

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We do realize it's about an 11 by 15 space.

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if that's a little tight and it would be preferable i think one of those rooms in the

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basement could be converted to a rec room or living space to um enhance that if it would be

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more favorable to the board do you want to discuss uh how much above grade is the basement right

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right um yes the um house currently is about the basement slabs about six feet below grade

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and has an eight feet ceiling so um you have about two feet of um headroom in the basement

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that would be above grade before you hit the ceiling in the basement what's the maximum height

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