civus
Hearing video

ZBA Hearing - January 15, 2025

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

Could you

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state your name as spelled for the stenographer?

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Hi, Samuel Turner

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here. S-A-M-U-E-L

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T-U-R-N-E-R.

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do you swear or 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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could you turn your video on please

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oh sorry

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proceed counsel

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yeah Mr. Turner you heard the questions about

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storm order

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and things like that can you just elaborate

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on what Ms. Black stated

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just to clarify I'm in any water

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not just storm water since it's a

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greenhouse

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some of the details still need to be worked out during construction but for all the storm water

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be reusing what's existing there's an internal drain towards the back towards the fair amount

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facing side of the property so all the storm water can be gathered there and as far as the

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internal like drainage it would all be kind of handled by the planner system and diverted

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appropriately but like i said the the details will still need to be figured out on that understood i

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mean obviously we're at zoning but uh when you talk about the planter system are you talking

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about the green roof system specifically or is there a specific planter system that's being

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built into that occupied section of the of the addition in the green portion the green roof can

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be self-sustaining um but internally that's the part that we're still kind of working through the

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details on yeah i wasn't asking i was actually not asking about the green roof i'm asking about

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the greenhouse portion understanding that she has a lot of plants and that it's going to operate as

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a greenhouse oftentimes greenhouses have lots of condensation condensation at roof planes on

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contiguous properties are generally not something that's uh welcomed and so i just want to understand

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what provisions or plans have been put in place to manage any water accumulation or condensation

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that might happen at that upper level

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so that it doesn't cause damage

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both to their property

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but also to the neighboring properties

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from a material standpoint.

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I would just defer to, you know,

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the plumbing engineer

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during the building permit phase

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that will be looking at this

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to kind of come up with a strategy

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for any out, you know,

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out of the ordinary circumstances

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for like the moisture accumulation.

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And we have been in direct communication

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with the neighbors to the owners to the left.

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We're actually making modifications

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to their deck at their request.

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So we're working collaboratively with them.

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And I would anticipate that would be

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along these lines as well

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to obviously make sure we're not damaging

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any properties to the left and right of us.

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There are also, just to jump in,

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there are also specific skylights

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that have vents

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in them, and

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these are things that we're exploring.

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Further along

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in the design, if you are

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amiable to this project, we'll be

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looking at all of that. It's a concern, and

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I'm glad you brought it up.

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Any other questions?

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Council, you said it was

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46 feet?

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That's right.

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uh so any sprinkler system i know it's 45 in the city of philadelphia i defer to the architect if

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So any sprinkler

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system? I know it's 45 in the city of Philadelphia.

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Thank you.

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there's requirements about sprinkler system you know i don't know to provide you know from a

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building code perspective obviously we have to comply with that so i'm going to defer to the

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architect in that respect um mr turner uh yeah for a fourth story typically we'll we'll have those

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called for um so yeah yeah okay any other questions from the board questions or comments

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from our attorney not on time mr chair questions or comments from the uh virtual of the uh audience

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questions or comments from the virtual audience

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here i have a hand up from justino navarro i've allowed them to speak

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hi could you please state your name and spell for the stenographer justino navarro j-u-s-t-i-n-o

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n-a-v-a-r-r-o do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do you're from the rco right that's correct mr chair please so thank you thank you mr chair

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members of the board it's great to see you guys again uh hopefully i'll get a chance to see you

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guys in person one of these days when i'm feeling a little bit better but i just wanted to call in

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and reiterate the support of the spring garden civic association i am here in representation of

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the spring garden civic association and the zoning committee and commend the uh the attorney and and

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and miss black our neighbor uh and architect for their flexibility in terms of design and for making

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adjustments recommended by the his by the zoning committee that will make the property of the

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project more compatible with the spring garden historic district i also want to commend her and

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thank her for being one more member of the community that is once again committed to the

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sustainability that we here in spring garden are fully committed to and as i like to say we heartily

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believe in putting the green back in green street and putting the gardens back in spring garden so

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i would urge the board to approve the request as presented today thank you so much for your time

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thank you very much is there anyone else in the virtual audience

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planning commission no further hands

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thank you chair bergman and good evening david fecto with the city planning commission

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chairman and board members the comprehensive plan recommends a change in zoning at this location

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from cmx2 commercial mixed use to rsa5 residential single family there is no unique physical

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condition or circumstance of this property that were prevented from being used in strict

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conformity with the zoning code and the appellant has not shown that they will suffer an economic

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detriment if they are forced to comply with the maximum height and rear setback requirements in

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the zoning code the city planning commission recommends that the board deny both dimensional

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variances uh i just really like to respond sure um if you look at where it's situated it's very

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unique property in that it's labeled 17th street but it's on melon which is one of those side

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streets. Behind us is a parking lot, which is a commercial corridor. The properties that are

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surrounding us, if you, I live around there. So in Fairmont, those are higher properties

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in terms of height. We kind of are in scale with those properties on Fairmont. The property to the

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right of us, again, that stack is even higher than what we're proposing. So contextually,

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I would believe that, you know, this falls in line with what the board should, you know,

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granted in terms of a variance. Thank you. Thank you. MI 2024-006-170-649-North 17th Street,

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I vote yes. Michael Johns, my vote is yes. Cheryl Gaston, my vote is yes. Tanetta Graham,

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my vote is yes. Iowan, my vote is yes. Ishmael Shahid, my vote is yes. Thank you.

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Number seven, MI 2024-006-171, 1417 South Broad Street.

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Andrea Solomon is the attorney.

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Here's anonymous support with the proviso from South Broad Neighborhood

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and a letter of non-opposition with proviso from Council Member Squillett.

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Applicant also has support of 10 signatures, four from the neighborhood.

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counsel salomon mr chair members of the board um andrea solomon from claire harrison harvey

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bransburg land use and zoning attorney here on behalf of the owners of 1417 south broad

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could you spell your name for the stenographer yes uh a-n-d-r-e-a s-a-l-o-m-o-n

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

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I do. Could you identify your client, the relationship to the property?

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I do.

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Could you identify your client, the relationship to the property?

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Yes, my clients are Debbie and Bill Lutz, the owners of 1417 South Broad.

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Okay, our vice chair has just a few questions.

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Counselor, do you agree to either read another refusal or stipulate to its accuracy?

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I do. Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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We did. Thank you, counsel. Please proceed and share the screen.

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Thank you.

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Not, oh, there it is, the sheer screen.

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You're up.

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Okay, thank you, everybody.

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I'll get into the details later in the presentation, but this application is for the erection of a one-story addition with a deck atop an existing garage.

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of a single-family home for use as the private home gym. We met with the community back in

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November, and we're happy to have received the unanimous support from the coordinating RCO,

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the South Broad Street Neighborhood Association. Ultimately, they understand that this is a solid

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single-family home on Broad Street and understand the family's need for additional space,

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And they would actually, they're actually particularly in support because this addition, they believe, will add eyes on the street, on Watts Street, in the rear of the properties, increasing safety and security on the block.

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the letter they issued did include two provisos to ensure that this addition is not used as a

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second dwelling unit as the board is aware if that were the case the applicants would need

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additional relief because this is rsa 5 zoning so uh that's not part of this application that's

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not the intended use as i mentioned it's for uh the an accessory gym to the single family home

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The family loves their home. They want to stay in it. They have four kids and just want extra space. So they're not opposed to either of the provisos, the Saquon being that no kitchen be installed from SBSNA.

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They also received support from many of the near neighbors, including the property directly adjacent to the south, 1419 South Broad Street, and directly across Watt Street at 1410 South Jupiter Street.

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the refusal is a highly technical one there was a bit of back and forth um whether the existing

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garage already constitutes a principal building or whether the addition would turn the garage into a

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principal building but um the addition is atop the rear garage uh so the condition of the two

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buildings exist already um in fact like i mentioned with the addition would be improving

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the safety and security on the block and as to the roof deck if it were above the existing home

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it would be permitted by right in the zoning district but since it's atop the garage it

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requires this board's approval however the roof deck is dimensionally compliant

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This is an aerial image of the property. You can see the garage is separated from the main

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house structure and we'd be building on top of it. Like I mentioned, the 1419 neighbors are in

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support. The neighbor is directly to the north. It's already a multifamily unit that has a second

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story above the garage and that one actually is used as a dwelling, a separate dwelling unit.

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This is another aerial image. You can see that the majority of the

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blocks have a garage in the rear on Watts Street.

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um this is the subject property the one with the basketball net we the for the requested relief is

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to construct a second story uh a first a one-story addition atop the garage it would match the roof

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line of the adjacent actually be a little bit lower than the adjacent property

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this is an image of the existing conditions again the second story of the property above the garage

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directly adjacent to them 1419 is in support you can they want to preserve their open space and

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They want to preserve their open space and the dish end would be accessed from their interior yard.

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Another view that shows the second story and the extent of their rear yard.

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They want to preserve the open space.

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This is their current home gym.

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It's in the single family residence.

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As I mentioned, the Lodzes have four kids. They're getting older. They want to be able to

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use the space for additional bedrooms, but are very health conscious and want to also

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maintain a space for working out. And that's why they're wanting to move this

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setup that is their home gym to the addition of the garage.

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Here we have the elevation. You can see what I mentioned, that the roof line will be below the one that's existing in the adjacent property, the floor plans.

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You can see that the access to the addition will be solely from the interior courtyard,

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so you'll actually have to go through the single family home to access the additional space.

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These are images of the property from Broad Street. That's a beautiful

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row home on Broad Street that they want to be able to stay in as a growing family.

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And more views of the rear.

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More views of their existing gym which they're seeking to relocate to the addition.

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As I mentioned the property is zoned RSA 5.

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we have the zoning poster and the photos of the posting on both street frontages

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application for appeal and the project information form the notice to the

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near neighbors and rcos certificate of mailing the code provisions relevant code provisions

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the deed

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and their tax compliance

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which shows the tax balance

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is only for the 2025 taxes

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which haven't come due

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and with that I'll ask

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that my clients Bill and Debbie

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Lutz be promoted

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as panelists so they can adopt my testimony

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how could you please state your name

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they've been allowed to speak sir

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thank you uh my name is deborah lutz could you spell please for the stenographer yes d-b-r-a-l-u-t-z

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

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yes please proceed counsel hi debbie were you able to see and hear my presentation

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yes i was was it true and accurate yes it was and would you adopt it as your own testimony

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yes i would and just from the board i think bill is here as well if he could be promoted

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as panelists who's that uh bill lutz to speak as well man uh is bill lutz here okay he's going to

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