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Hearing video

ZBA Hearing - January 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 15, 20258h 11m

use thank you very much chair chair just one other uh matter for the record uh could could

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you keep the record open for me to submit uh supporting documents for our position and only

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that yeah um or are you ready to decide this right now so hillary is is the board prepared to vote on

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this now, or is it going to hold it first?

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Mr. Ward, I think we understand this

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case. Okay, very good.

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What I want to do, listen to me, what I'm going to do is

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there's been a great deal of testimony.

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I'm going to take this to an executive session next

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Wednesday, let the board go over this,

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and we'll vote 9.30 a.m. next

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Wednesday. All right, and in light of that,

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in light of that, Chair,

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may I submit

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through the web portal

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opposition supporting documents

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to this case?

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My concern about that is that then we, I mean, we, we can do that,

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but Mr. Consul would also need a chance to respond to that.

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So Mr. Consul, what's your comments here?

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Besides everything I've said, I'm fine. If Sean does that, I don't know.

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My response would take me to submit. You can submit them if you want.

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Yeah. And, and, and, and listen to me, listen to me, listen to me,

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listen to me and make sure Mr. Consul gets a copy of it. Okay.

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Yeah, I mean, they're a matter of public record.

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They're not generating.

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I know.

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We don't have to make an argument.

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We understand.

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All right.

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Okay.

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We're breaking.

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We got to get ready for the next group.

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Okay.

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Can I do the interpretation?

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Give them an idea of where we are.

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What we're going to do is take it to executive session Wednesday, and we will vote next Wednesday

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at 930 a.m.

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And, Mr. Chair, I would just recommend that any documents that Mr. Ward wishes to be

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submitted by close of business on friday thank you no objection okay no objection i'll interpret yeah

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提议就是说否定你的申请但是后来那个委员主席就说还是把它拿到

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那个行政机关下个礼拜三九点半早上全部投票来通过看看结果怎么样

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uh对就是刚才整个东西就是说大家决定怎么样那本来那个秘书就是说

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And the teacher said that he will send more information and documents to make sure he will send you to the court.

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And he will send you all the information on the 5th of July.

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And next week, it's 9 o'clock in the morning, he will vote.

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Next week.

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Interpreter, thank you very much.

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I'm sorry, is it next Wednesday? Just wanted to make sure to clarify the date.

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Next Wednesday at 9.30am we will vote.

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This Wednesday or next?

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today's wednesday next one next one okay all right

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today's wednesday next one next one okay all right and but it's

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interpret we do appreciate the work that you do with this we really do

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is there anyone in the virtual audience whose case has not been called

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okay everybody have a nice long lunch we'll see you at two o'clock

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no hands mr chair okay thank you for using our services you have a good day

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and thank you we really do you did do a great thank you thank you

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good afternoon everyone uh my name is bill bergman i will be hearing the meetings and i

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would tell you this is the first time in five years that we've had attorneys in a room we

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don't have anybody here this morning. First time in five years, I guess it is. Sound right?

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Okay. So, good morning. Oh, afternoon. I'm sorry. We'll be changing this meeting

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at the Philadelphia Board. I will be chairing this meeting at the Philadelphia Board of

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Adjustment. With me is Cheryl L. Gaston. Present, Mr. Chairman. Tanetta Graham. Present,

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Mr. Chairman.

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And Taya Nguyen.

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Present, Mr. Chairman.

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Also here is Hillary Emerson, our attorney,

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Ian Haggerty, the executive director of the zoning board,

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and Lakeisha Dandy, our supervisor.

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Please be advised this meeting is being recorded.

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Your participation in this meeting indicates you consent to be recorded.

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The video will be posted on the ZBA website approximately one week following the meeting.

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This meeting is being held in person with remote capabilities,

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meaning that individuals can participate either in person at the hearing room in one parkway

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building or remotely over zoom when you are recognized to speak by the board please state

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and spell your name to the court reporter and then wait to be sworn in if you are in the hearing room

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you must speak into a microphone so that everyone in attendance including the court reporter can

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hear you. If you're participating remotely, please turn on your camera and unmute yourself

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when you are recognized to speak. Once you've been sworn in, please state your name each time

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before testifying, whether you're in person or remote, so that the court reporter knows who is

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speaking. Please mute yourself to turn off the microphone when you're not speaking. If you're

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

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participating by phone, please call 267-270-5548 to register your appearance by the close of the

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business day after the hearing. You must provide an email address and the address of the property

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in question. All others can enter their appearance through the Zoom registration. For individuals

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participating in person, a QR code is available to register your appearance. For assistance,

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please see a staff member at the back of the hearing room. If you have any questions about

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how to enter your appearance please contact rcozba at phil.gov if you're in the hearing room

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please refrain from talking or engaging in conversation while the hearings are proceeded

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please note that there is no drinking or eating in the hearing room in addition verbal and

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physical aggression will not be tolerated if you're participating remotely remember the q a

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on the zone platform is not for testimony or comments. Any comments related to the hearing

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operation should be directed to ZBA executive director at phil.gov. Before we begin, our

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executive director, Ian Haggerty, has important safety announcements to make.

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All right. Thank you, Chair. Good afternoon, everyone. For the folks in the room, just want

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to remind you the safety of everyone here in the meeting is our highest priority. In the event that

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there is an emergency alarm or other type of emergency in the room, please pay attention

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to the announcements on the loudspeaker. Those will provide detailed information

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and instructions. If no announcement is heard, please follow the directions of security officers

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or the ZBA staff. The main exit will be the double doors located at the rear of the room where you

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came in. If an order is given to evacuate this room, the nearest stairway is to the left outside

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those double doors follow the illuminated red exit signs to reach the stairway if an order is

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given to evacuate the building for any reason our rally point will be at love park directly across

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art street from the main entrance to this building please remain at the rally point so you can be

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accounted for and as a reminder restrooms are located across from the elevators and there's

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a water fountain just outside the double doors to the right thanks so let's look at our schedule

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So, let's look at our schedule. Number 11, MI 2024, 006-181-6649 Tulip Street. That case is continued. Are there any other requests for continuance?

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Number 11, MI2024.

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Good afternoon, Chair. This is Jason Hand. I will be standing in temporarily as co-host. I have a hand up from Mr. Vernon Anastasio. He's been allowed to speak.

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Good afternoon, Counsel.

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Good afternoon, Mr. Chair.

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Just for the record, state your name.

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I believe you've already been sworn.

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Yes, sir.

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It's Vern Anastasio, A-N-A-S-T-A-S-I-O.

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I have two requests, Mr. Chair.

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One is number two, MI 2024-006-123-1329 Princeton.

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That's correct.

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Excuse me, Chair.

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Was Mr. Anastasio sworn?

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He was sworn this morning.

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Thank you.

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um burn could you tell us what the status of this case is yeah mr general we were prepared

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uh i did not get information from the rco uh thanks to attorney emerson uh i was able to receive

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rco feedback just about an hour or so ago there are items in there that need to be addressed

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As a result, we're going to need to continue this so that we can re-engage based on the feedback that I was unexpecting.

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So that's where we are with that.

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So this case will be continued to 5-7-25.

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Thank you.

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Are there any other requests for continuance?

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I have one more, Mr. Chair.

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Go ahead.

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2068 East Somerset, please.

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There was the RCO first assigned was unable to to accept us on their agenda.

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It was reassigned at the sort of the 11th hour and they have been unable to meet with us.

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Right. So that case is going to be continued also to five seven twenty five.

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And that's MI twenty twenty four zero zero six one seven seven twenty sixty eight East Emerson Street.

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Thank you.

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Thank you.

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Okay.

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I'm going to go start with number 13, I believe.

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Right?

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13.

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So, MI 2024-006-961, 1501-13 North 9th Street, Augusta O'Neill is the attorney.

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Counsel, could you please state your name and spell for the court's sonographer?

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Could you identify your client in relation to this property?

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I apologize, Mr. Chairman.

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I am not hearing attorney O'Neill.

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Can you hear me now?

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Yes, I can.

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Sorry, it was deceptive.

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it looks green so i thought you do it one more time please sure my first name is augusta a-u-g-u-s-t-a

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last name is o'neill o-n-e-i-l-l with the law firm claire harrison harvey bransburg

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you stipulate to the reading of the refusal and agree with its accuracy i do um please uh start

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your presentation thank you so much mr chair uh good afternoon members of the board i'm here this

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afternoon representing f-e darien llc they're the owner of the property at 1501 north 9th street

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this is an rm1 zone property it's in the fifth district overlay currently it is a vacant lot

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this is an application that's in partnership with turn the key it's an application to consolidate

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four parcels to then adjust lot lines to create 14 separate lots and construct a single family home

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on each lot with a roof deck uh i'll be recusing i'll be recusing i'm sorry i'll be recusing from

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this from this project michael johnson has recused himself from this

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um we did receive a refusal which i've provided at tab one of my exhibit package

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the refusal that we received related to the lot size of the proposed lots as you can see in the

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refusal we're required to have a lot size of 1440 square feet the lot sizes that are being proposed

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range from 784 being the smallest and go up to 850 I'm sorry 862 is the largest lot these are

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generously sized houses despite the lot size despite the fact they're requesting a variance

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despite the fact they're requesting a variance for the lot size.

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for the lot size as you can see from the

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As you can see from the zoning plan that I provided at tab 8 of my exhibit package,

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each of the homes that are being proposed range from 1,400 square feet to 1,659 square feet.

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Just as an aside, that's actually larger than the house I live in now.

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so just for the boards um just to take the board through the project that's being proposed um tab

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nine of my exhibit package i provided an elevation just showing what um typical houses look like

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that are constructed by the frankles they frequently partner with turn the key on these

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applications i believe the board has seen me here several times before on similar applications

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provided at tab 10 these are again just pictures showing the kind of prototypical projects that

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the frankles have constructed in partnership with turn the key there were interior pictures

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provided just showing again samples of the kind of high quality work that they're doing

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on these single-family homes they have stainless steel appliances beautiful flooring they have

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three bedrooms um and also included in those pictures just again for the boards edification

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um was a picture of the typical kind of a backyard that um the frankles are providing with these

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projects my clients um and again another picture of the typical exterior of one of these um single

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family homes that they're providing at tab 11 of my exhibit package i did provide the board with

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some sample floor plans as you can see you walk into the house and there's kitchen dining room

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area living room on that first floor the second floor the typical floor plan has two bedrooms

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a bath two fairly large sized bedrooms then the third floor there's an additional bedroom

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bathroom, a bath, in addition to the roof deck.

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Can we kind of catch up with the presentation here?

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What's on the screen?

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It's not what you're talking about.

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Oh, I'm sorry.

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I thought it was...

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Yeah, I was looking at my paper.

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Yes, you were looking at your paper.

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Yeah.

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Sorry, I thought it was good.

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So, lesson learned.

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next time i'm going to bring my computer so that i can navigate this so apologies i think i was

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