civus
Hearing video

ZBA Hearing - March 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 2, 20225h 41m

Planning Commission?

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Ron Bednar, City Planning. First name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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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.

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Proceed.

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So while this property is currently indicated for mixed use on the city plan,

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And given the surrounding use context, we recommend that press referents be granted.

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I'm sorry, Chair.

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This is Tanya.

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May I ask Mr. Ward a question?

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Sure.

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Mr. Ward, am I to understand there is a minor tax balance?

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A minor what?

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I'm sorry?

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Tax balance.

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Yeah, Tanya, it's $40.

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understood. However, we would need a zero balance before the board is allowed

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Understood.

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However, we would need a zero balance before the board is...

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to render a decision, in my experience. Is that correct, sir?

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My understanding is that the former chair would vote the cases based upon the lack of any

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liens against the property for tax balances due. I would suggest that a $40

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balance on a vacant lot is nominal at best and that the board is within their discretion to vote

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the case. I would feel more comfortable. Mr. Ward, this is what we'll do. We have the planning

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commission on record. Pay the $40, we'll vote the case and we'll report it out next week.

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Okay, that's fine. Thank you both very kindly. All right, have a great night.

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Sure.

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Thank you.

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You too, sir.

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MI 2021-003831, 1708 North Bodine Street, Old Kensington Neighborhood Association, letter of support.

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Councilwoman Sanchez, non-opposition, Gabriel Falco.

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mr falco

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here he is mr falco state your name and spell it for our court reporter

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i don't see him where i i see his name here i promoted him

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good thank you you're welcome mr falco unmute

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could you say your name and spell for the court reporter please

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yes sir um gabriel falco g-a-b-r-i-e-l

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f as in frank a l c o right do you swear or affirm to tell the truth the whole truth nothing

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but the truth i do our vice chair has a few questions for you yes mr falco did you um

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submit the exhibit packet as we requested um five days before this hearing yes ma'am uh thank you

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you may proceed okay yeah okay thank you you're welcome um so yeah thank you you're not i know

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you're doing this per se but you're not an attorney are you no i'm not no okay go ahead

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where the suit for the you know it was a court here you know it's all but yeah uh no ma'am i'm

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not for the record yeah so um yeah thank you for the continuance i'm sorry it seemed to be an issue

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with the documents last week uh at a different hearing so sorry to burden the court with that

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i thought to be able to just can everybody see my screen do you see the documents we don't see that

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yet you have to make sure you hit that green button on the bottom okay thank you

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it's coming up now okay great um there's another one with the picture of the actual

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property but this is the proposed elevation i thought um so mr taco we don't see it yet you

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have to bring it up oh wait a minute you don't see the um it says you're starting to share your screen

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sir you might want to try to stop sharing um pull up the document and then just try resharing again

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okay

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It's saying something about optimized full screen video clip and it's doing that thing.

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Did you click yes for the optimized full screen?

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I don't notice that, but yes, I just clicked it.

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and what kind of um computer are you using Lenovo laptop okay

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there you go there you go so okay thank you guys sorry about the yeah okay so okay yeah thank you

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all for being here today I'm sorry that it was a matter of the continuance it wasn't my attention

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but in any event um the first image that we have here is just the simple

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but in any event um the first image that we have here is just the simple uh floor plan uh not floor

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people.

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plan i'm sorry the elevation view and so following that i have a table of contents to run through with

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and so after this follows the deed and uh other relevant documents of the application for

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appeal you guys have the letter from the neighborhood association and so the I thought to go through

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this just on basis of the refusal which I'll pull down to where's my documents

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um you might need to just like time to load yeah say it again you just might need to give

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them time to load when you get to each page okay thank you

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so any well anyway yeah i do hope to answer any of your questions or concerns

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on the project this year is the actual I don't know how to blow that up but where my cursor is

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that's the actual site of the project so that's the site plan it's a blighted block as it stands

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okay so this is the zoning refusal and so my thought was just to go ahead and address the

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issues on there and then as necessary or requested to consider the other items in the pdf

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and so the first item was a location of accessory parking and so um it mentions not accessible from

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shared driveway alleyway or yard and so the issue on that is that this street i'm sorry

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i can't see any of you guys just hold on please they can't see me either

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okay so in any event i guess it's going to be that way um so the idea was to reduce parking

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congestion in the area um wasn't taking away any parking from anyone who would pull up and park on

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the street uh it happens to be a street that's only um well it's one way but there's no parking

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on either side of the street so narrow street that doesn't allow parking on it and so in that

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the idea was to reduce the parking from overflowing into the other parts of the

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neighborhood. With regard to the second item, use is allowed in residential district refusal

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because of a two-family household living expressly prohibited in the RSA-5. And so originally when

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this was purchased, it was a CMX-2 property. I purchased it off of friends of mine, the Cologne

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family, and I purchased in 2012. Around 2016, if not 2014, the city went through a sweeping change

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and reduced all the zoning designations by one grade.

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And so as an RSA5 property, this would have allowed for two to three units on the property itself.

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At that time, the lots were 12 feet wide.

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Originally, it was three 12-foot lots that we had consolidated into two 18s.

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And so a good matter of thought was given to the amount of units and to reduce density as it was when the project began.

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As time went on, that changed.

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And so the hardship.

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I'm sorry.

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And so, yeah, regarding the multifamily, inherently it was that way for many years.

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And then the city did a sweeping change to reduce it by one.

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so the cmx2 became an rsa5 that being said the three sites would have allowed for six to nine

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units today it would be three units the one property was approved and allowed as a single

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family this property was designed as a duplex or a two-unit property on the third unit and there's

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a letter from the streets department i guess i should bring that up um that they didn't have any

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further um requirements for for that i'm sorry guys if you don't fast through this like this i

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hate the burden of court with the wasting the time here

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before that

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yeah so this was um the letter from the can everyone see that

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yeah okay thank you um so this is the letter from the street department dated 2021

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i believe and uh it shows that it's a review of the application and plans for the subject

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submission has been performed the philadelphia streets department now takes no further exceptions

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to the most recently submitted current version of the proposed plans which are approved as noted by

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proposed plans which are approved as noted by any conditions and so that was their um

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any conditions and so that was

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you know their position on the matter um now and so that goes to the accessory parking i believe

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the third refusal or item of refusal back to that

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i'm sorry guys a little disorganized i guess yeah so the third item was the dimensional standards

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to the open area and so uh 80 is allowed and so we went and designed it as an 83.4 property

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so the lot itself is 48 foot with the rear alleyway in the back and so it amounts to a 40 foot depth

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with the proposal and the 3.4 percent comes out to about a foot or a little less than a foot

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and so i the hardship that i have there is my truck is a 19 foot truck and so after we build

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the walls i lose about two feet so to be able to have this space so it's sizable not just actually

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um building rooms but rooms that actually can function and have you know um serve the purpose

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are designed for. That was the reason for the encroachment on the open area. Finally, the

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refusal 147011, the rear yard, a minimum of nine foot is required by RSA 5, and eight foot is what

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I had proposed. And so the idea that, again, touches on the other issue where it allows me

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to have the vehicle in the garage, allows me to have the vehicle in the property, but then be able

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to walk in front of it behind it and then still have like a good 15 or 16 foot in the back room

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and so that was the um the origin of that and how that developed it's worthy to note that the

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parking is going to be built on top of a slab not on a foundation with a basement underneath it

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the basement itself is a half basement the idea here is that since i have a next door neighbor

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and oftentimes the garages are problematic and that they leak when guys build it out like that

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The idea was to avoid that altogether and not have a basement underneath it in the first place.

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So we avoid any of those propping opinions under his part of that foundation.

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And the smallest allowable yard space in the city of Philadelphia, I understand, is five foot.

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so the yard allows me to satisfy my needs allows the interior space to work work well for what i

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have and um let's see what are the other issues so the thought is so it's two units to be proposed

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so if i can i'd like to go to the floor plan so i hope you guys can see this but this is my screen

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and that's the property that's the block bodine street it corners at cecil b more there are other

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there are other multi-use families well there are other properties that are beyond RSA 5 in the area

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on this block here we only have two houses well three houses but that house is addressed to Cecil

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B. Moore the other two houses 1710 and 1712 I believe the owner of that property is here today

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Luis if he's mentioned anything or not I don't know but he signed a petition to support the

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project and the idea here um yep so it's a blighted block we have very little to no development

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there were code enforcement violations on it when i purchased it we satisfied all those liens and

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encumbrances so that the city of philadelphia would you know not have any deaths or anything

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to that effect um so it's a four-story property as was mentioned in a letter from the neighborhood

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association that they wanted it to be able to be brick which i have no problem with i'm happy to

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built with brick and so the facade is to be built with brick and the exclusion of the bump out there's

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a small bump out and that would probably have to be a product different than brick the floor plans

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here just simply show the garage on the first floor the room in the rear and then the half

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basement here with the yard and the easement in the back so all those requirements were satisfied

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But in design, we have a one-bedroom, two-bathroom unit on the first floor, which is what these plans indicate.

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We have one bedroom, that's the second floor, and the one bathroom here.

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The second unit, or the upper unit, would be the third and the fourth floors.

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And they allow, I guess that was part of that, part of them, yeah.

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So this here, where the cursor is going through, is the one-bedroom, one-bath.

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But there is another bath in that unit.

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it's in the basement on the basement level the idea is to be able to wash off and not bring all

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basement level the idea is to be able to wash off and not bring all the dirt and junk up into the

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to dirt and junk up into the UL.

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second floor bedroom apartment rather and so this here is the third floor this has a bathroom

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a bedroom in the back it has the one bathroom kitchen utility area so forth

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and then this is the fourth floor with two bedrooms and then the stairs leading up to the deck

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i do hope that everyone did everyone receive a copy of the letter from the neighborhood association

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it's in your file okay great yep okay and so this is just a letter from the

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neighbors so far as what their um you know if they had any concerns on it so we wrote out this

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letter in 2017 when I originally did the matter and subdivide and build a house for myself

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on the address.

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This is a petition to ask for your support if you have no objections and hopefully of

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your own volition agree that the project is okay for your community as well, doesn't conflict

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with any of your interests.

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And so that was signed off by a number of the neighbors.

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Plans were shown to the neighbors that signed.

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This is the petition for the garage.

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this was June 25th 2017 so they are older perhaps some of the neighbors have

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changed by now but not too many and this is just the two building proposal

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project and would include the garage as is noted here and the two units so I

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went through a number of the neighborhood associations at the time

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not knowing that I just needed to go through one that was my business so I

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just put that up there so anybody could check I never had any lawsuits or any

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um issues complaints with my company so that's just me being a carpenter furnish that so that

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that could be verified this is the first letter originally in 2017 before the board met with me

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in july 26th and uh or that we met and had the hearing it was supported at that time

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notes that there was zero opposed seven affected address zero opposed attendees seven supported

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two opposed but I don't understand that if zero were opposed but attendees did not vote two okay

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that's what that was two people didn't vote and total was 11. and again the same letter from 2017

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all that's been updated so if you're aware the application all the necessary documents I think

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if you have any questions you're welcome to ask but that's the application form for license

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inspection and the project intake form is required and then this would be the February 20th

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letter I'm just there are two letters that the neighborhood association Old Kensington

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had sent me I'm just looking for the one that's the latest they were both in support but I think

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this is the one that the board would be concerned with or the final decision on it February 20th

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It notes the refusals.

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And in this case, the hearing represented four Zoom participants, zero opposed, non-Zoom, three supported, zero opposed.

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Attendees did not vote, one.

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Total attendees were eight.

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So that was held on February 8th.

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All the notices went out to the neighborhood, to the 103 neighbors.

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and this is the this is this first letter she sent and then she updated it with the

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revised it with the other one I believe and so I'm sorry there's not more pictures here because

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it did include well anyway I may have sent them to you in your emails but I didn't include it

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include it in this PDF I just want to check on something because I have another file yeah so if

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that picture is a little bit bigger than the one in the site plan and so it shows a bit of the

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blight regarding the trash we have the alleyway and then over on this area here there's a shared

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alley as everybody comes out so there's access to it and so forth so those issues were given

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